Guide service contract - Cruguide company
The parties to this contract (hereinafter, "Contract") are:
Natural / legal person who has accepted the terms of this Agreement (hereinafter "Guide"), on the one hand, and Cruguide on the other hand, the Company hereinafter, jointly called "Parties", have entered into this Agreement on the following.
1. Concepts used in the Contract
1.1. «Website» – a set of data hosted on the Internet (web pages) united by a single theme, design and a single cruguide.com domain address space.
1.2. «Account» – set of electronic data (protected by the technical means of the Wb Site) represented by the guide on the Website, which allows the guide to be individualized.
1.3. «Business Content» – any informational and programmatic content on the Website, including but not limited to: text, reviews, comments, advertisements, photos and/or videos, design elements, illustrations, scripts, computer programs (including games and applications ), databases hosted on the Site (but not including content uploaded by the guide, unless modified in accordance with 7.2.5.(B)).
1.3.1. «Guide Uploaded Content» – any informational content on the Website, generally text, photos, images and videos (but not limited to), posted by the guide to increase the attractiveness and promotion of the tourist services offered for booking transactions.
1.4. «Tourist Services» – set of tourist services provided by the Guide to third parties under the conditions determined by the Guide on the Website.
1.5. «Client» – natural and/or legal persons who express their intention to carry out transactions with the guide aimed at the acquisition of tourist services, as well as natural and/or legal persons who have carried out transactions with the Guide.
1.6. «Reservations» – contract for the provision of the set of tourist services, concluded between the guide and the third person through the technical means of the Website. The moment of acceptance of the transaction is the moment of confirmation by the Client of the willingness to use the tourist services (through the technical means of the Website through prepayment).
1.7. «Prepayment» – total or partial payment of tourist services by third parties until the moment of their provision by the Guide, under the conditions determined by the Guide on the Website.
2. Object of the contract
2.1. By virtue of this contract, the guide authorizes the company, and the company undertakes for remuneration in its own name, but at the expense of the Guide, to execute the order of the guide, that is, to carry out actions to attract and inform Clients who wish to make reservations (giving the Guide the opportunity to use the Website); provide the Client and the Guide with the technical possibility of making reservations through the use of the Website; inform the Guide by electronic means about the client's intention to make a reservation; at the time the Client and the Guide make each reservation, accept the Client's prepayment on behalf and at the expense of the Guide for the tourist services, and in the event that the Client and/or the guide unilaterally refuse the execution of the reservation, return to the client the prepayment received on behalf of and by the Guide (in the cases, to the extent and in the manner stipulated in the reservation); after prepayment by the Client of the reservation with the Guide, transmit to the Client and the Guide the contact details of each one and inform the Client of all the information received from the Guide on the execution of the reservation.
2.2. Company does not make Contracts with Clients on behalf of Guide.
2.3. The Company grants the Tourist / Client / Provider the possibility of using the Website to book guide / provider services, and does not own, create, sell, resell, control, offer, provide, manage the Provider Service, and is not responsible to the guide and/or other third parties for the veracity and/or relevance of the information published on the Website, is not obliged to represent the interests of the Guide/Service Provider in case of disagreement between the Guide and the Tourist, is not responsible for the provision of the service by the guide/service provider.
2.4. Company accepts and transfers payments exclusively in the name of the service provider/guide and makes them in favor of the service provider/guide.
2.5. Service providers are solely responsible for the content of the information published about their services on the Website.
3. Rights and obligations of the Parties
3.1. Guide undertakes:
3.1.1. Publish information about tourist services on the Website only under your Account, which allows Clients and the Company to reliably establish that information about tourist services is published by the Guide.
3.1.2. Not to publish their contact details (including telephone, email address) on the Website in the public domain (including information on tourist services) and not to inform the Client of these details in any way (including indirect means outside of the Website), until the time of prepayment.
3.1.3. By creating an Account, post updated information that allows individualizing the guide and guided tour services in a reliable, correct and complete way and keep the information in this state.
3.1.4. Maintain the confidentiality of the username and password of the Account, as well as be responsible for any own actions and those of third parties that are carried out during the use of the Account.
3.1.5. Have only one Account on the Website.
3.1.6. Inform the Company of all known cases of use of the account by third parties.
3.1.7. In the provision of tourist services, not to violate the legislation of the country of provision of said services.
3.1.8. Under the threat of deleting the data and/or the Account published by the Guide on the Website and taking the measures provided by law, not to publish on the Website information, materials and other data prohibited by applicable law and this Contract, even in violation of the rights of third parties, including copyrights, trademarks, patents, trade secrets, personal non-property rights, right to privacy, right of public use, or any other intellectual property right and another kind.
3.1.9. Do not damage the Website or perform actions that may knowingly cause the total or partial loss of data on the Website, as well as block the access of an unlimited number of users to the Website by the provider.
3.1.10. Do not advertise third party services on the Website, do not post information about third party contacts on the Website, do not grant third parties the right to use the Website under the Guia account.
3.1.11. Fully exercise the rights and obligations of the reservations made with the Clients, except the rights and obligations that the Company exercises and assumes on its behalf and at the expense of the guide or on behalf and at the expense of the Guide under the terms of this Agreement.
3.1.12. Under the threat of unilateral out-of-court refusal by the Company of the execution of this Agreement or the adoption of other measures provided by law, not to violate provided in point 7 of this Agreement «Protection of information and intellectual rights. Rules for the publication and use of materials published on the Website by the Guide.»
3.2. Guide has the right:/p>
3.2.1. Request the Company to reinstate the suspended (blocked) Account if the Guide has reason to believe that the Account was unreasonably and/or wrongly blocked by the Company.
3.2.2. Request retrieval on the Website of materials previously removed from Guide (Guide Uploaded Content) if Guide has reason to believe that such materials have been posted on the Website without violating the terms of this Agreement and/or applicable law .
3.2.3. Modify the information of the tourist services (taking into account that the reservations made between Guides and Clients paid by the Clients in the conditions in force before the modification of the information of the tourist services must be made by the Guide in the previous conditions, without take these changes into account.
3.3. Company undertakes:
3.3.1. In compliance with the obligations stipulated in this Contract, provide the Guide with access to the Website and consider requests for publication on the Website of information about tourist services.
3.3.2. Inform Clients about the general terms and conditions of reservations through the Website.
3.3.3. After the Client expresses his intention to make a reservation (by clicking on the “Book” Button on the page of the Website entitled “book an guided tour”), notify the guide using the technical means of the Website about the Client's intention to make a reservation (upon receipt of the Client's request to provide tourist services).
3.3.4. Through the technical means of the Website or other means not prohibited by applicable law, accept from the client on behalf and at the expense of the Guide the prepayment of tourist services for each reservation and send (transfer) to the Guide the prepayment received less (withholding ) the remuneration of the Company, which is carried out in accordance with the procedure established in this Contract.
3.3.5. After the Client makes the prepayment for the tourist services, inform the Client of the contact details (phone, email address) of the Guide AND send the Client a document confirming the prepayment (Ticket) and the Guide the contact details Customer (phone, email address)
3.3.6. In the event of the unilateral refusal of the Client and/or Guide to execute the transaction — to carry out the return on his behalf and at the expense of the Guide of the amount previously paid by the Client in advance (in cases, in the amount and in the manner stipulated by the terms of the reservation) to the same bank card with which the Client made the prepayment.
3.3.7. Consider the Guide's appeals (in accordance with points 3.2.1. and 3.2.2. in this Agreement) and whenever there are reasons and the possibility of restoring the Guide's Account within a reasonable time and/or the previously deleted materials from the Guide's website (Content uploaded by the Guide).
3.3.8. Inform the Client of all the information received from the Guide on the execution of the transaction (including the Guide's refusal to execute the transaction).
3.4. Company has the right:
3.4.1. Through the electronic communication channels, ask the Guide for any information about him necessary for the execution of this Contract, including, among other things: a detailed description of the tourist services, the route of the guided tour, the cost, the maximum number of Clients, etc. If the Guide refuses to provide the data specified in this point, the Company has the right to unilaterally refuse to comply with this Agreement (preventing the guided tour services from being published on the Website).
3.4.2. At any time, before the publication of information on the Website about the Guide's tourist services (or after the publication of said information), carry out negotiations with the Guide (including in the format of an interview through electronic channels of communication) to clarify the details and conditions of the tourist services of the Guide. When determining in the interview the facts of the inconsistency of the services provided by the Tour Guide to the provisions of the legislation of the country of the provision of tourist services, and/or the terms of this Contract, the Company has the right to reject unilaterally the fulfillment of this Contract (preventing tourist services from being published on the Website).
3.4.3. Modify in any way the Content and the content uploaded by the Guide (including the content of the information published by the Guide about the tourist services), its design and its Applications.
3.4.4. Without the consent of the Guide, temporarily suspend (for any longer or shorter period) the operation of the Website or its individual parts (components).
3.4.5. In any way available to the Guide (by posting information on the Website, by notification by electronic means and others), establish additional conditions and restrictions for the Guide's use of the Website, including: the maximum duration of storage of the information published by the Guide on the Website, the maximum amount of file storage allocated to the Guide.
3.4.6. Without prior notice to the Guide, remove from the Website the data published by the Guide (including in violation of this Agreement and/or applicable law).
3.4.7. Without prior notice to the Guide and without compensation, suspend the Guide (ban) or delete the Guide's Account (including if data is posted on the Website in violation of this Agreement and/or applicable law).
3.4.8. Delete or reject the publication of information by the Guide on the Website if it is published by the Guide in violation of applicable law, including intellectual property law, or in violation of data by the Guide in point 7.2 of the warranties and representations.
4. Execution of the Contract, Delivery-Reception of the services provided
4.1. The services of the Company to ensure the capture of each Client who expresses the intention to make a reservation, are considered provided to the Guide after each acceptance by each Client of the Reservation through the technical means of the Website.
4.2. No later than 24 (twenty-four) hours after the prepayment by each Client of each accepted reservation, the Company sends the Guide a prepayment notice (by email or through the technical means of the Website), which is at the same time a agency report of the Company (hereinafter, the “Report”).
4.3. The Guide who has objections to the Report must notify the Company within 24 (twenty-four) hours after receiving the Report. Otherwise, the Report is deemed accepted by the Guide.
4.4. In the case of a unilateral extrajudicial refusal of the Client to execute a particular reservation (not later than 10 (ten) calendar days from the date of prepayment by the Client for tourist services, but not less than 5 (five) calendar days before the start of the guided tour), the services previously recognized by the Parties to the Company will be considered not provided, which the Company notifies the Guide by email or through the technical means of the Website.
4.5. In the event of a unilateral extrajudicial refusal of the Guide to execute a particular reservation, the Company's services are considered to be rendered and are subject to payment in accordance with the terms of this Agreement.
5. Remuneration of the Company and settlement order
5.1. The remuneration of the Company (hereinafter referred to as the "Remuneration") for the services rendered is subject to agreement by the Parties in separate additional agreements to this Agreement, concluded including through the exchange of electronic documents, and includes all expenses of the Company related to the execution of this last Contract.
5.2. The Company is obliged no later than 60 (sixty) banking days from the date of conclusion of each reservation to send (transfer) to the Guide the prepayment of each reservation less (withholding) the Remuneration in accordance with point 5.3. unless the parties agree on another way to retain the Remuneration additionally, including through the exchange of electronic documents.
5.3. The Company retains the Remuneration due to it under this Agreement from all amounts accepted by the Company on its behalf and at the expense of the Client Guide and to be transferred to the Guide under this Agreement.
5.4. In the event of the unilateral refusal of the Client to execute a specific reservation and the recognition of unspecified Company services (according to paragraph 4.4. The COMPANY undertakes, on behalf and at the expense of the Guide, to return to the Client the amounts previously paid by the Client in advance, for which the Guide undertakes to transfer to The Company the funds received from the Company in this reservation within a reasonable period.
6. Responsibility of the Parties
6.1. For non-compliance and/or inadequate compliance with the obligations set forth in this Agreement, the Parties shall be liable in accordance with the legislation of the place where the Service is provided.
6.2. The Company will indemnify the damages caused by the breach or breach of this Contract by the Company in an amount not greater than the remuneration of the Company.
6.3. The Company is not responsible for the temporary suspension of the operation of the Website (point 3.4.4. of this Agreement) and its consequences.
6.4. The Company is not responsible for the possible deletion of the data published by the Guide on the site and the consequences of such deletion, as well as for the impossibility of storing some data published by the Guide (including those that are illegal, infringe the rights of third parties and exceed the technical capacity of the Website). The Guide is obliged to monitor the presence of the data published on the Website and, if necessary, supplement or republish the specified data.
6.5. The Guide is responsible for the damages caused to the Company, the Clients or any third party on the Website (including the account) from intentionally false, inaccurate or misleading data; information that offends the honor, dignity and reputation of the Company, the Client or third parties; information that defames, threatens third parties; information related to extremist or aggressive activities; of data that contains computer viruses and other computer programs intended, among other things, to cause damage, unauthorized intrusion, illegal clandestine interception of data or misappropriation of data by other means, Content uploaded by the Guide that infringes the rights of third parties, including copyrights, trademarks, patents, trade secrets, personal non-property rights, right of privacy, right of public use, or any other intellectual property and other rights.
6.6. The Website is a means to transmit information and the Company is not responsible to the Guide and/or other third parties for the veracity and/or relevance of the information published on the site.
6.7. The Company is not obliged to represent the interests of the Guide when disagreements arise between the Guide and the Client that may arise during the process of executing the reservation.
6.8. The Company is not responsible for the execution of the reservation by the Guide, unless the performance of actions for the fulfillment of the individual terms of the reservation is entrusted to the Company in accordance with this Agreement.
6.9. The Guide is warned that the Site may contain links to third-party sites whose content and reliability is not the responsibility of the Company, nor is the Company responsible for the consequences of clicking on such links.
7. Protection of information and intellectual rights. Rules for the publication and use of materials published on the Website by the Guide.
Guide Uploaded Content (“Guide Uploaded Content”)
7.1. In order to increase the attractiveness and promotion of the excursion services offered and to make reservations, the Guide has the right to create an Account on the Website and subsequently publish on the Website (upload to the Website) the content chosen at your discretion in the following ways:
7.1.1. By uploading directly to the Website under your Account,
7.1.2. By sending by electronic mail (email),
7.1.3. By exchanging messages (correspondence) with other users of the Website through the use of the technical means of the Website,
7.1.4. Otherwise, agreed by the Parties.
7.2. Each time you post Guide Uploaded Content, Guide irrevocably warrants, confirms and warrants to Company that:
7.2.1. Content uploaded by the Guide is disclosed by the Guide personally and voluntarily, and, to the extent known by the Guide in good faith, is valid, does not contain false information, is not intentionally misleading, does not contain slander or reservations, does not contain illegal or immoral material or aggressive statements, and does not otherwise violate the law or contribute to the violation of the law.
7.2.2. The content uploaded by the guide can be used for the purposes set out in this Agreement through publication on the Website and is used legally, which, in particular, means that:
(A) Guide is the author of, or legally owns, Guide Uploaded Content (in which case, by posting Guide Uploaded Content, Guide irrevocably waives any claims, suits, or other actions to claim personal property rights and copyright in relation to it), or
(B) The Guide has legally acquired the Content uploaded from the Guide or the right to use it for the purposes set forth in this Agreement.
7.2.3. The Guide has the necessary permissions, approvals, authorizations for the Use of the content uploaded by the Guide.
7.2.4. The content uploaded by the Guide is free of third party rights and does not infringe the rights of third parties, including copyrights, trademarks, patents, trade secrets, personal non-proprietary rights, right of privacy, right of public use, or any other intellectual and other property rights.
7.2.5. The guide grants the Company and contractually contracted partners non-exclusive, non-refundable (not requiring royalties or other payments), continuing, perpetual and irrevocable, transferable rights:
(A) Use the uploadable content by the Guide in any jurisdiction and by any means, including its display on the Website, connection to advertising and other projects, disclosure, distribution and authorization to third parties (partners of the Company) of said use on its Websites and media platforms, and
(B) Formatting, processing the content uploaded by the Guide (normally, the texts that describe tourist services, but other Content uploaded by the Guide can also be processed) in order to correct errors, stylistics, translation into other languages, increase the attractiveness of the tourist services offered by the Guide, to inform the Clients of the tourist services in the most effective way possible and, ultimately, to sell the tourist services effectively (make reservations). In such a case, the company assumes responsibility for the content uploaded by the Guide modified as a result of creative processing and other modifications by the Company (including possible violation of the rights of third parties) and acquires all rights to the information and materials. (including texts) resulting from creative processing and other modifications by the Company of the information and materials provided by the Guide.
7.2.6. The Company, in its sole discretion, has the right to verify any information or material that forms part of the Content uploaded to the guide in order to:
(A) Improvements in the quality of the services provided on the Website, the ease of use, the development of new services;
(B) Guarantee the protection of the legitimate rights and interests of the Company;
(C) Verification of the validity and compliance of the data by the Guide in this point 7.2 of guarantees, verification of compliance by the Guide with the conditions of use of the Website (including the prohibition established in point 3.1.2 of this contract, and others).
7.2.7. The Guide will be responsible at all times for the veracity and compliance with the guarantees and declarations provided in this point 7.2, and will be responsible in general for the Content uploaded by the Guide, except in the case of the transfer of responsibility to the Guide Company. according to point 7.2.5.(B).
7.3. Because the content uploaded by the Guide is published by the Guide to increase the attractiveness of the tourist services it offers and to inform the Client of the tourist services in the most effective way possible and, ultimately, to sell the tourist services effectively (make reservations), and for the same purpose, the Company uses and, when it deems necessary, processes the Content uploaded by the Guide to publish further processed content on the Website (therefore, the Company does not use the texts of the Guides for its own benefit or other benefit), the Company does not charge the Guide a fee for the use and processing of the Content uploaded by the Guide.
7.4. The guide is warned that the facilities of the Website for the publication of information by the Guide for the fulfillment of the obligations of this Agreement are provided by the Company as they exist at the time of the conclusion of this Agreement, the Company is not obliged (however, has the right) to make changes to the Content, design (appearance) and/or software of the Website according to the needs and suggestions of the Guide.
Rights to Company Content
7.5. All rights with respect to the content of the Company - all informational and programmatic content of the Website of texts, reviews, comments, advertisements, photos and/or videos, design elements, illustrations, scripts, computer programs (including games and applications) , databases (as well as information and materials resulting from the creative revision and other improvements of the Company's information and materials provided by the Guide, in accordance with point 7.2.5.(B)), as well as with respect to the trademarks, logos, images, icons placed and displayed on the Website, their selection and arrangement of composition on the Website, the rights of administration of the Website, the rights of appearance (design) and the software of the Site belong to the Company and are protected,
7.6. The objects of the Guide mentioned in point 7.5. They are prohibited from reproducing, transmitting, or copying for commercial use or distribution, or modifying or posting on other Internet sites without the written consent of the Company for such use.
Site Information Security
7.7. By using the Website, the Guide agrees not to violate or attempt to violate the information security of the Website, including but not limited to:
7.7.1. access to any information that is not intended to be used by the Guide OR log into an Account that is not owned by you;
7.7.2. attempts to verify the vulnerability of the security system of the Website, the violation of the registration and authorization procedure without the permission of the Company.
Personal data protection
7.8. By entering into this Contract, the Guide gives his consent to the processing of his personal data and to carry out the following actions with them: collection, systematization, accumulation, storage, clarification (updating, modification), use, dissemination, anonymization, blocking, destruction of personal data, as well as the transfer of such information to third parties in the cases provided by applicable law. This consent can be revoked by the Guide at any time by means of a written declaration to the Company. In case of revocation of consent, the Guide will be obliged from the date of revocation of said consent not to use the functions and services of the Website; and the Company may block the Guide's Account from the date of Receipt of the written declaration of revocation of consent.
7.9. The Company undertakes to use the personal data of the Guide Only for legitimate purposes and does everything possible to prevent its unauthorized use.
8. Other conditions
8.1. Company has the right to make changes to this Agreement that are not contrary to applicable law; when changes are made to the current version of the Agreement, the date of the Last Update will be indicated. The new version of the contract will enter into force at the time of its publication on the Website and will apply to all users who have accepted the previous version. The current version of the contract is always on the Website.
8.2. If after the modification of this Contract in the order provided in point 8.1. The Guide continues to use the services of the Company (including through the use of the Website under his Account), the Guide is deemed to agree to the changes in the Agreement made by the Company.
8.3. The Guide and the Company have the right at any time to renounce the execution of this Contract after notification to the second party (including via email or using the technical means of the Website), having previously resolved all mutual agreements under the Agreement, and upon termination of the Agreement for the reason specified in this point, the Guide will lose the right to use the Account and the Website under the Account.
8.4. In all matters not resolved by this Agreement, the Parties shall be guided by the current legislation of the country of provision of services ("Applicable Law").
8.5. In case of controversies and disagreements between the Parties under this Agreement or in connection with it, the Parties undertake to resolve them through negotiations.
8.6. If any dispute, disagreement or claim arising out of or in connection with this Agreement, including with respect to its performance, breach, termination or invalidity, is not resolved in accordance with item 8.5. in this Agreement, the dispute of the Parties is examined in accordance with the applicable legislation in the judicial procedure at the place of provision of services.
8.7. The moment of acceptance of this Agreement is considered the moment in which the Guide creates an Account. By accepting this Agreement, the Guide confirms their age (at least 18 years old) and their acceptance of all the terms of this Agreement, including the terms and conditions published on the Website.
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