Public offer contract
Proposal (public offer) to conclude a contract for reservation services.
1. Terms and definitions.
1.1. ‘Booking System’ (the System) - a software package available on the website https://hartwellhotel.ru, designed to search for information about Hotels and their services, as well as for booking and payment for rooms in Hotels.
1.2. ‘Executor’ - Individual Entrepreneur Sergey Anatolievich Bezhaev (IE Sergey Anatolievich Bezhaev).
1.3. ‘Customer’ - any natural person with civil capacity, age not less than 18 years or a legal entity, who has concluded with the Contractor the Contract for provision of reservation services by accepting this Offer in the manner set out in paragraph 5.1. of this Offer.
1.4. ‘Registration’ - provision of personal and contact data of the Customer to the Executor by means of the System for operative communication with him on questions concerning the ordered services.
1.5. ‘Order’ - a set of services of the Hotel, formed by the Customer by selecting a suitable variant as a result of search in the System.
1.6. ‘Voucher’ - a document confirming the fact of booking and payment for the Order to be presented to the Hotel.
1.7. ‘Booking’ - reservation of rooms in the Hotel resulting from a series of actions performed by the Customer in the System in accordance with the Booking Rules.
2. General Provisions.
2.1. This Offer, published on the website https://hartwellhotel.ru is an official offer Individual Entrepreneur Bezhaev Sergey Anatolievich (IE Bezhaev Sergey Anatolievich) for individuals and legal entities to conclude an Agreement for the provision of services for booking rooms in Hotels. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this document is a public Offer.
2.2. The services of the Executor in the Offer are understood as services of booking rooms and other services in the Hotels by means of using the System.
2.3. The Contract for reservation services is concluded by acceptance of this Offer, which contains all essential terms and conditions of the Contract for reservation services, without signing by the parties. The Reservation Services Agreement shall be legally valid in accordance with Article 434 of the Civil Code of the Russian Federation and shall be equivalent to a contract signed by the parties. The Contract for reservation services shall be deemed concluded and shall become effective from the moment of acceptance of the Offer, namely the Customer's actions provided in Clause 5.1. of this Offer and signifying the Customer's unconditional adherence to all terms and conditions of the Offer without any exceptions or limitations.
3. Subject of the Agreement.
3.1. The subject of this Offer is booking and realisation of the services of the Hotel to the Customer on the terms and conditions of this Offer.
3.2. The reservation shall be made in the order specified in the Booking Rules, which are an integral part of the Agreement for provision of reservation services and are presented on the website https://hartwellhotel.ru.
3.3. The Customer undertakes to accept the services rendered and make the necessary payments in accordance with the terms and conditions of this Offer.
4. Rights and obligations of the Customer and the Executor.
4.1. The rights of the Customer.
4.1.1. To search, book and pay for the services of the Hotel through the System and by other means specified on the website https://hartwellhotel.ru. The Customer acknowledges that in case of using the System he fully and unconditionally accepts the terms and conditions of this Offer regardless of the method of booking and payment for the Order.
4.1.2. To refuse the Order or to change the Order on the conditions specified in clause 7 of this Offer.
4.1.3. The Customer has the right to receive the booked services within the terms and to the extent specified in the Order.
4.2. Provider’s Rights
4.2.1. To require the Customer to comply with the Booking Rules published on the website https://hartwellhotel.ru and specified in this Offer. The Provider is responsible for the proper execution of the Booking Service Agreement only in cases where the Customer’s actions and procedures fully comply with these rules.
4.2.2. To require the Customer’s full agreement with the terms of the Offer. Without the Customer’s consent to the Offer’s terms, the Provider has the right to refuse service.
4.2.3. To require payment for the Order from the Customer. If the Customer fails to make payment within the time period specified in the Booking Rules, the Provider has the right to cancel the Order.
4.2.4. To withhold or demand payment of penalties from the Customer in case of modifications, cancellations, or no-shows. The Provider may also require payment of any expenses actually incurred in providing the services, including bank and/or payment system fees, paid both at the time of payment and refund. In such cases, the Customer acknowledges the Provider’s actions as fully lawful and has no claims.
4.2.5. To engage third parties for the provision of booking services in fulfillment of the Booking Service Agreement.
4.2.6. To terminate the Booking Service Agreement unilaterally and without judicial proceedings if the Customer provides false information or contact details, or if the Customer knowingly uses fraudulent or improperly obtained payment card data.
4.2.7. In exceptional cases, to replace the confirmed Hotel with an equivalent or higher-category hotel, without additional charges, in the event of unforeseen circumstances.
4.3. Customer's Obligations
4.3.1. Not to proceed with placing an Order without first familiarizing themselves with this Offer, the Privacy Policy, and the Booking Rules. If the Customer proceeds with placing an Order, the Provider assumes that the Customer has fully read and agreed to the terms of the Offer, Privacy Policy, and Booking Rules.
4.3.2. Independently review the information on Hotels and their services, including prices, on the website https://hartwellhotel.ru.
4.3.3. Provide accurate contact information (phone number, email) when placing the Order, which is necessary for the Provider to maintain efficient communication with the Customer.
4.3.4. Provide all necessary and up-to-date information about the guests staying at the Hotel and ensure its accuracy.
4.3.5. Pay for the Order in a timely manner using one of the available payment options presented on the website https://hartwellhotel.ru, within the deadlines and conditions specified by the Provider in the Booking Rules.
4.3.6. When paying for the Order online by credit card, use only a credit card belonging to the Customer. To avoid fraud, the Provider verifies the payment and contacts the Customer to resolve any issues. If the Customer is unavailable or the issue remains unresolved, the Provider reserves the right to cancel the Order and refund the payment to the cardholder's bank account.
4.3.7. In case of canceling the Order or part of the services in the Order, or for modifying the ordered services, promptly notify the Provider in accordance with the Booking Rules. The Customer is obliged to reimburse the Provider for any actual expenses incurred in fulfilling the obligations under the Booking Service Agreement, including penalties paid by the Provider to third parties.
4.3.8. Unless otherwise specified in the Booking Service Agreement or required by law, the contractual rights and obligations of the Customer also apply to persons on whose behalf the Booking Service Agreement is concluded.
4.4. Provider's Obligations
4.4.1. To provide the Customer with necessary information about Hotels and their services on the website https://hartwellhotel.ru, as well as instructions for placing and paying for the Order.
4.4.2. To accept payment for the Order from the Customer (including through third parties) after proper processing of the Order and successful booking of services.
4.4.3. In the event of Order cancellation, to confirm the service cancellation and apply penalties if they are in effect at the time of cancellation.
5. Acceptance of the Offer and Conclusion of the Agreement
5.1. The Customer accepts the Offer by performing the following actions in the System:
6. Payment Procedure
6.1. The cost of services is indicated on the website https://hartwellhotel.ru and in the Order formed by the Customer in accordance with the selected set of services.
6.2. The website https://hartwellhotel.ru operates with dynamic pricing: the booking price depends on seasonality, demand, and hotel occupancy.
6.3. All payments under the Booking Service Agreement are made in Russian rubles (RUB).
6.4. Payment for the Order is made in accordance with the Booking Rules. Depending on the conditions set by the Provider, payment can be made in various options:
7. Cancellation, Modification of the Order, and Refunds to the Customer
7.1. Before making a payment, the Customer may cancel or modify the Order at any time in accordance with the procedure set forth in the Booking Rules.
7.2. If the paid Order is canceled (or in the event of a no-show at the Hotel), penalties may be applied in accordance with the terms accepted by the Customer at the time of booking. The Provider also has the right to withhold or demand payment for any expenses actually incurred in providing the services, including bank and/or payment system fees, incurred both during payment and during the refund process.
7.3. The Customer may cancel a paid Order independently, by annulling the Order before the penalties take effect, in accordance with the Booking Rules.
7.4. The Customer may modify or cancel a paid Order after the penalty period has begun only with the Provider’s written consent, following the procedure outlined in the Booking Rules. Cancellation is considered effective once the Provider receives written notice.
7.5. Refunds to the Customer for a canceled Order or no-show at the Hotel are processed in accordance with the procedure and terms specified in the Booking Rules.
8. Liability and Dispute Resolution
8.1. The Customer represents the interests of all persons listed in the Order and is personally responsible to the Provider for the accuracy of the information about them, as well as for ensuring that all individuals fulfill their obligations, including payment of the Order and penalties in the event of a cancellation (including no-shows at the Hotel).
8.2. The Customer is responsible for fulfilling their obligations to the Provider and for causing any material damage or harm to the Provider's business reputation. Any fraudulent or incorrect bookings or reselling of the Order are strictly prohibited.
8.3. The Provider is liable for any material damage caused to the Customer due to the Provider's failure to provide services as specified in the Order, in accordance with the laws of the Russian Federation, except in cases where the Customer's rights were violated due to force majeure.
8.4. The Provider is not liable for non-performance or improper performance of services by the Provider or third parties due to inaccuracies, insufficiencies, or delays in information or documents provided by the Customer, or due to other violations of the Booking Service Agreement and/or Booking Rules by the Customer.
8.5. The Provider is not responsible to the Customer if the Customer arrives more than 1 day late for check-in at the Hotel or checks out earlier than scheduled.
8.6. The Provider may update its information in the System (including prices and room availability) and is responsible for ensuring its accuracy and reliability.
8.7. The Provider is not responsible for any discrepancies between the provided services and the Customer's expectations or subjective assessments.
8.8. If any claims arise during the Customer’s stay at the Hotel, the Customer should contact the Hotel’s representative to resolve any service-related issues. Both parties will make every effort to resolve disputes through negotiations, considering the conditions of this Offer.
8.9. The Provider is liable to the Customer within the framework of the Booking Service Agreement.
8.10. For any matters not covered in this Offer, the Parties will be guided by the current legislation of the Russian Federation. Any disputes arising from this Offer will be resolved in Russian courts in accordance with the applicable laws of the Russian Federation.
9. Privacy Compliance
9.1. The Customer is guaranteed the confidentiality of the data provided during registration in the System, as well as during the placement and payment of the Order. This information is necessary for processing the Order and completing the booking procedure (including the booking confirmation, which will be sent to the Customer's email address). By accepting this Offer, the Customer gives their Consent, equivalent to a written one, for the Provider to process all personal data received from the Customer in accordance with the Privacy Policy.
9.2. The Customer's consent is valid indefinitely and may only be revoked if the Provider violates Federal Law No. 152-FZ dated 27.07.2006.
9.3. The Provider has the right to store personal data, use it to contact the Customer, create documents, provide personal data to Hotels, payment systems, and authorized bodies, and use personal data for other purposes related to the provision of services. The Provider will not disclose personal information to third parties without the Customer's consent, except in cases provided for by the applicable legislation of the Russian Federation.
10. Force Majeure
10.1. The Parties are released from liability for full or partial non-performance of their obligations under the Booking Service Agreement if such non-performance is due to force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions.
10.2. Force majeure circumstances include, but are not limited to: natural disasters, military actions, national crises, industry or regional strikes, actions and decisions of governmental authorities, failures in telecommunications and energy networks, the operation of malicious software, and unfair actions of third parties aimed at unauthorized access to and/or disabling the software and/or hardware of each of the Parties.
11. Amendment and Termination of the Agreement
11.1. The Booking Service Agreement is considered concluded from the moment the Customer accepts this Offer and remains in effect until both parties fulfill all their obligations under the Booking Service Agreement.
11.2. The Provider has the right to unilaterally and extrajudicially withdraw from the Booking Service Agreement.
11.3. The Provider has the right to amend the terms of this Offer and introduce new Appendices to this Offer without prior notice to the Customer. Acknowledging the possibility of such changes, the Customer agrees to them. If the Customer continues to use the Provider's services after such changes, it signifies their acceptance of the amendments.
12. Provider Details
Individual Entrepreneur Sergei Anatolyevich Bezhayev
PSRN: 318547600066421
Tax payer ID: 540862132615
Registration Date: 23.04.2018
Address: 630132, Novosibirsk, Sovetskaya St., 75 Apt. 23
Settlement account: 40802810000003838722 with AO "Tinkoff Bank"
RCBIC: 044525974
Correspondent account: 30101810145250000974
Proposal (public offer) to conclude a contract for reservation services.
1. Terms and definitions.
1.1. ‘Booking System’ (the System) - a software package available on the website https://hartwellhotel.ru, designed to search for information about Hotels and their services, as well as for booking and payment for rooms in Hotels.
1.2. ‘Executor’ - Individual Entrepreneur Sergey Anatolievich Bezhaev (IE Sergey Anatolievich Bezhaev).
1.3. ‘Customer’ - any natural person with civil capacity, age not less than 18 years or a legal entity, who has concluded with the Contractor the Contract for provision of reservation services by accepting this Offer in the manner set out in paragraph 5.1. of this Offer.
1.4. ‘Registration’ - provision of personal and contact data of the Customer to the Executor by means of the System for operative communication with him on questions concerning the ordered services.
1.5. ‘Order’ - a set of services of the Hotel, formed by the Customer by selecting a suitable variant as a result of search in the System.
1.6. ‘Voucher’ - a document confirming the fact of booking and payment for the Order to be presented to the Hotel.
1.7. ‘Booking’ - reservation of rooms in the Hotel resulting from a series of actions performed by the Customer in the System in accordance with the Booking Rules.
2. General Provisions.
2.1. This Offer, published on the website https://hartwellhotel.ru is an official offer Individual Entrepreneur Bezhaev Sergey Anatolievich (IE Bezhaev Sergey Anatolievich) for individuals and legal entities to conclude an Agreement for the provision of services for booking rooms in Hotels. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this document is a public Offer.
2.2. The services of the Executor in the Offer are understood as services of booking rooms and other services in the Hotels by means of using the System.
2.3. The Contract for reservation services is concluded by acceptance of this Offer, which contains all essential terms and conditions of the Contract for reservation services, without signing by the parties. The Reservation Services Agreement shall be legally valid in accordance with Article 434 of the Civil Code of the Russian Federation and shall be equivalent to a contract signed by the parties. The Contract for reservation services shall be deemed concluded and shall become effective from the moment of acceptance of the Offer, namely the Customer's actions provided in Clause 5.1. of this Offer and signifying the Customer's unconditional adherence to all terms and conditions of the Offer without any exceptions or limitations.
3. Subject of the Agreement.
3.1. The subject of this Offer is booking and realisation of the services of the Hotel to the Customer on the terms and conditions of this Offer.
3.2. The reservation shall be made in the order specified in the Booking Rules, which are an integral part of the Agreement for provision of reservation services and are presented on the website https://hartwellhotel.ru.
3.3. The Customer undertakes to accept the services rendered and make the necessary payments in accordance with the terms and conditions of this Offer.
4. Rights and obligations of the Customer and the Executor.
4.1. The rights of the Customer.
4.1.1. To search, book and pay for the services of the Hotel through the System and by other means specified on the website https://hartwellhotel.ru. The Customer acknowledges that in case of using the System he fully and unconditionally accepts the terms and conditions of this Offer regardless of the method of booking and payment for the Order.
4.1.2. To refuse the Order or to change the Order on the conditions specified in clause 7 of this Offer.
4.1.3. The Customer has the right to receive the booked services within the terms and to the extent specified in the Order.
4.2. Provider’s Rights
4.2.1. To require the Customer to comply with the Booking Rules published on the website https://hartwellhotel.ru and specified in this Offer. The Provider is responsible for the proper execution of the Booking Service Agreement only in cases where the Customer’s actions and procedures fully comply with these rules.
4.2.2. To require the Customer’s full agreement with the terms of the Offer. Without the Customer’s consent to the Offer’s terms, the Provider has the right to refuse service.
4.2.3. To require payment for the Order from the Customer. If the Customer fails to make payment within the time period specified in the Booking Rules, the Provider has the right to cancel the Order.
4.2.4. To withhold or demand payment of penalties from the Customer in case of modifications, cancellations, or no-shows. The Provider may also require payment of any expenses actually incurred in providing the services, including bank and/or payment system fees, paid both at the time of payment and refund. In such cases, the Customer acknowledges the Provider’s actions as fully lawful and has no claims.
4.2.5. To engage third parties for the provision of booking services in fulfillment of the Booking Service Agreement.
4.2.6. To terminate the Booking Service Agreement unilaterally and without judicial proceedings if the Customer provides false information or contact details, or if the Customer knowingly uses fraudulent or improperly obtained payment card data.
4.2.7. In exceptional cases, to replace the confirmed Hotel with an equivalent or higher-category hotel, without additional charges, in the event of unforeseen circumstances.
4.3. Customer's Obligations
4.3.1. Not to proceed with placing an Order without first familiarizing themselves with this Offer, the Privacy Policy, and the Booking Rules. If the Customer proceeds with placing an Order, the Provider assumes that the Customer has fully read and agreed to the terms of the Offer, Privacy Policy, and Booking Rules.
4.3.2. Independently review the information on Hotels and their services, including prices, on the website https://hartwellhotel.ru.
4.3.3. Provide accurate contact information (phone number, email) when placing the Order, which is necessary for the Provider to maintain efficient communication with the Customer.
4.3.4. Provide all necessary and up-to-date information about the guests staying at the Hotel and ensure its accuracy.
4.3.5. Pay for the Order in a timely manner using one of the available payment options presented on the website https://hartwellhotel.ru, within the deadlines and conditions specified by the Provider in the Booking Rules.
4.3.6. When paying for the Order online by credit card, use only a credit card belonging to the Customer. To avoid fraud, the Provider verifies the payment and contacts the Customer to resolve any issues. If the Customer is unavailable or the issue remains unresolved, the Provider reserves the right to cancel the Order and refund the payment to the cardholder's bank account.
4.3.7. In case of canceling the Order or part of the services in the Order, or for modifying the ordered services, promptly notify the Provider in accordance with the Booking Rules. The Customer is obliged to reimburse the Provider for any actual expenses incurred in fulfilling the obligations under the Booking Service Agreement, including penalties paid by the Provider to third parties.
4.3.8. Unless otherwise specified in the Booking Service Agreement or required by law, the contractual rights and obligations of the Customer also apply to persons on whose behalf the Booking Service Agreement is concluded.
4.4. Provider's Obligations
4.4.1. To provide the Customer with necessary information about Hotels and their services on the website https://hartwellhotel.ru, as well as instructions for placing and paying for the Order.
4.4.2. To accept payment for the Order from the Customer (including through third parties) after proper processing of the Order and successful booking of services.
4.4.3. In the event of Order cancellation, to confirm the service cancellation and apply penalties if they are in effect at the time of cancellation.
5. Acceptance of the Offer and Conclusion of the Agreement
5.1. The Customer accepts the Offer by performing the following actions in the System:
- Booking the Order,
- Paying for the Order.
6. Payment Procedure
6.1. The cost of services is indicated on the website https://hartwellhotel.ru and in the Order formed by the Customer in accordance with the selected set of services.
6.2. The website https://hartwellhotel.ru operates with dynamic pricing: the booking price depends on seasonality, demand, and hotel occupancy.
6.3. All payments under the Booking Service Agreement are made in Russian rubles (RUB).
6.4. Payment for the Order is made in accordance with the Booking Rules. Depending on the conditions set by the Provider, payment can be made in various options:
- 100% prepayment,
- Partial prepayment at the time of booking with the remaining amount payable upon check-in at the Hotel,
- Payment in full upon check-in at the Hotel.
7. Cancellation, Modification of the Order, and Refunds to the Customer
7.1. Before making a payment, the Customer may cancel or modify the Order at any time in accordance with the procedure set forth in the Booking Rules.
7.2. If the paid Order is canceled (or in the event of a no-show at the Hotel), penalties may be applied in accordance with the terms accepted by the Customer at the time of booking. The Provider also has the right to withhold or demand payment for any expenses actually incurred in providing the services, including bank and/or payment system fees, incurred both during payment and during the refund process.
7.3. The Customer may cancel a paid Order independently, by annulling the Order before the penalties take effect, in accordance with the Booking Rules.
7.4. The Customer may modify or cancel a paid Order after the penalty period has begun only with the Provider’s written consent, following the procedure outlined in the Booking Rules. Cancellation is considered effective once the Provider receives written notice.
7.5. Refunds to the Customer for a canceled Order or no-show at the Hotel are processed in accordance with the procedure and terms specified in the Booking Rules.
8. Liability and Dispute Resolution
8.1. The Customer represents the interests of all persons listed in the Order and is personally responsible to the Provider for the accuracy of the information about them, as well as for ensuring that all individuals fulfill their obligations, including payment of the Order and penalties in the event of a cancellation (including no-shows at the Hotel).
8.2. The Customer is responsible for fulfilling their obligations to the Provider and for causing any material damage or harm to the Provider's business reputation. Any fraudulent or incorrect bookings or reselling of the Order are strictly prohibited.
8.3. The Provider is liable for any material damage caused to the Customer due to the Provider's failure to provide services as specified in the Order, in accordance with the laws of the Russian Federation, except in cases where the Customer's rights were violated due to force majeure.
8.4. The Provider is not liable for non-performance or improper performance of services by the Provider or third parties due to inaccuracies, insufficiencies, or delays in information or documents provided by the Customer, or due to other violations of the Booking Service Agreement and/or Booking Rules by the Customer.
8.5. The Provider is not responsible to the Customer if the Customer arrives more than 1 day late for check-in at the Hotel or checks out earlier than scheduled.
8.6. The Provider may update its information in the System (including prices and room availability) and is responsible for ensuring its accuracy and reliability.
8.7. The Provider is not responsible for any discrepancies between the provided services and the Customer's expectations or subjective assessments.
8.8. If any claims arise during the Customer’s stay at the Hotel, the Customer should contact the Hotel’s representative to resolve any service-related issues. Both parties will make every effort to resolve disputes through negotiations, considering the conditions of this Offer.
8.9. The Provider is liable to the Customer within the framework of the Booking Service Agreement.
8.10. For any matters not covered in this Offer, the Parties will be guided by the current legislation of the Russian Federation. Any disputes arising from this Offer will be resolved in Russian courts in accordance with the applicable laws of the Russian Federation.
9. Privacy Compliance
9.1. The Customer is guaranteed the confidentiality of the data provided during registration in the System, as well as during the placement and payment of the Order. This information is necessary for processing the Order and completing the booking procedure (including the booking confirmation, which will be sent to the Customer's email address). By accepting this Offer, the Customer gives their Consent, equivalent to a written one, for the Provider to process all personal data received from the Customer in accordance with the Privacy Policy.
9.2. The Customer's consent is valid indefinitely and may only be revoked if the Provider violates Federal Law No. 152-FZ dated 27.07.2006.
9.3. The Provider has the right to store personal data, use it to contact the Customer, create documents, provide personal data to Hotels, payment systems, and authorized bodies, and use personal data for other purposes related to the provision of services. The Provider will not disclose personal information to third parties without the Customer's consent, except in cases provided for by the applicable legislation of the Russian Federation.
10. Force Majeure
10.1. The Parties are released from liability for full or partial non-performance of their obligations under the Booking Service Agreement if such non-performance is due to force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions.
10.2. Force majeure circumstances include, but are not limited to: natural disasters, military actions, national crises, industry or regional strikes, actions and decisions of governmental authorities, failures in telecommunications and energy networks, the operation of malicious software, and unfair actions of third parties aimed at unauthorized access to and/or disabling the software and/or hardware of each of the Parties.
11. Amendment and Termination of the Agreement
11.1. The Booking Service Agreement is considered concluded from the moment the Customer accepts this Offer and remains in effect until both parties fulfill all their obligations under the Booking Service Agreement.
11.2. The Provider has the right to unilaterally and extrajudicially withdraw from the Booking Service Agreement.
11.3. The Provider has the right to amend the terms of this Offer and introduce new Appendices to this Offer without prior notice to the Customer. Acknowledging the possibility of such changes, the Customer agrees to them. If the Customer continues to use the Provider's services after such changes, it signifies their acceptance of the amendments.
12. Provider Details
Individual Entrepreneur Sergei Anatolyevich Bezhayev
PSRN: 318547600066421
Tax payer ID: 540862132615
Registration Date: 23.04.2018
Address: 630132, Novosibirsk, Sovetskaya St., 75 Apt. 23
Settlement account: 40802810000003838722 with AO "Tinkoff Bank"
RCBIC: 044525974
Correspondent account: 30101810145250000974