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WESAIL.CO
User Agreement and Privacy Policy
Effective Date: 08/23/2021
Sole Proprietor Denis Raisovich Valiullin, TIN 402506033816, hereinafter referred to as the Agent, addresses this offer agreement for the provision of booking services (hereinafter - the Agreement) to any User who has expressed a willingness to use the Agent's services.
In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this Agreement is a public offer, the acceptance of which is the performance of actions provided for by the Agreement.
1. TERMS AND DEFINITIONS
1.1. To ensure a full and unambiguous understanding of this Agreement, the following definitions of terms and concepts used throughout the Agreement are provided:
Agent — a party acting on behalf and at the expense of the Charter Company with which it has entered into contractual relations, when providing services to the Customer;
Acceptance — the full and unconditional acceptance by the Client of the terms of the Offer by performing the actions specified in clause 3.1 of the Offer, which shall constitute an expression of the Customer's intention to receive the Agent's Services under the terms of this Agreement-offer.
Order — a properly formalized request from the Customer to receive the Services of the Charter Company selected on the Site.
Customer — a User who has accepted the offer and is the Customer of the Agent's services under the concluded Agreement;
Offer — this document, constituting a public offer from Wesailco OÜ, addressed to any individual, to conclude an Agreement for the provision of Services with the Agent under the terms set forth in the Offer. The Offer is published on the Internet on the Site at: https://wesail.co/terms
User — any legally competent individual who has reached the age of 18 and has the legal right to enter into contractual relations with the Agent;
Recipient — a person who is not directly the Customer of the Services but was designated by the Customer as the recipient of the Service when creating the Order. If, as a result of the Customer's use of the Agent's Services, a Corresponding Agreement is concluded between the Recipient and the Charter Company, the Recipient acquires the corresponding status (Passenger, etc.) in relation to the Charter Company.
Site — the platform located on the Internet at https://wesail.co, the mobile site and mobile application that allow booking, arranging and purchasing the Services of the Charter Company;
Services — services provided by the Charter Company to the Customer for renting a yacht (or other vessel or watercraft) without a crew, with a crew, or chartering a berth/cabin on a vessel. The final list of Services is determined in the agreement with the Charter Company;
Charter Company — a third-party provider of Services, on whose behalf and at whose expense the Agent acts and with whom it has entered into contractual relations to provide services to the Customer.
1.2. Other terms not defined in this section shall be interpreted in accordance with the text of this document. In the absence of an unambiguous interpretation of a term, one should be guided by the interpretation of the term defined, first and foremost, by the legislation of the Russian Federation, then by the common usage on the Internet (on relevant Internet resources) and in business practice.
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement, the Agent, on behalf and at the expense of the Charter Company, provides the Customer with services for booking, arranging, and selling the Charter Company's Services on the Site in accordance with the parameters (date, time, route, and other conditions) specified by the Customer in the Order. The Customer, in turn, undertakes to pay for the Services provided by the Charter Company in the manner and under the terms established by the Agreement.
2.1.1. The Agent's Services include the following:
A) Displaying information about Services on the Site;
B) Ensuring, through the use of software and technological means, the operation of the Booking System and the ability for the Customer to create and pay for Orders;
C) The Booking System performing a search for Services in accordance with the priority parameters set by the Client;
D) Selecting the optimal offer from the Charter Company providing bareboat charter, crewed charter, or berth/cabin charter in accordance with the priority search parameters set by the Client;
E) Providing advisory services on the cost (rates, fees, etc.) and characteristics of the Services, charter conditions, etc.;
F) Making a booking according to the Order created and paid for by the Customer;
G) Arranging the Service and providing the Client with the corresponding confirmation;
H) Assisting with the process of returning/changing the Service;
I) Providing additional Agent Services.
2.2. The Services are considered to have been rendered by the Agent properly and in full after the Customer has been sent the document certifying the conclusion of the agreement with the Charter Company for the provision of Services.
2.3. Interaction between the Agent and the Customer is carried out through the Site, using WhatsApp and/or Telegram and/or Messenger (Facebook) messengers, as well as via email correspondence using the email address indicated on the Site.
2.4. All agreements for the provision of Services by the Charter Company, information about which is posted on the Site, are concluded by the Customer directly with the Charter Company providing these Services.
2.5. The Agent reserves the right to make changes to this Agreement. Accordingly, the Customer undertakes to independently monitor changes to the Agreement posted on the Site regularly.
2.6. The Customer assumes all possible commercial risks (placing a new Order, tariff changes, refunds, etc.) associated with its actions of making errors or inaccuracies in providing the data requested by the Agent.
2.7. By performing the Acceptance of the Offer, the Customer confirms:
a) that all information (data) provided by the Customer on the Site, including information (data) specified during registration, is valid, current, reliable, accurate, correct, and complete;
b) that all information (data) about Recipients specified by the Customer when creating the Order is valid, current, reliable, accurate, correct, and complete (when creating the Order in favor of / in the name of a Recipient).
2.8. The Customer has the right to use the Site, create an Order, and perform any actions regarding booking in favor of / in the name of a third party - the Recipient. Under no circumstances shall the Recipient be or be deemed a party to this Agreement concluded by the Customer with the Agent through Acceptance of the Offer.
2.9. The Customer guarantees to the Agent and assumes full responsibility for all possible claims that at the time of creating the Order, the Customer has informed the Recipient(s) of all terms, rules, and information presented to the Customer on the Site during the creation of the Order. The Customer guarantees to the Agent and assumes full responsibility for all possible claims that the Customer has notified the Recipient(s) before creating the Order that the Recipient(s) are not a party to this Agreement with the Agent and are not entitled to make any claims, complaints, lawsuits, statements, etc., against the Agent or regarding the Agent, related to the Service ordered by the Customer in favor of / in the name of the Recipient.
2.10. The Agent is not a tour operator or travel agent. Therefore, Federal Law No. 132-FZ dated November 24, 1996 "On the Basics of Tourist Activities in the Russian Federation" does not apply to the legal relations between the Customer and the Agent.
2.11. From the moment the Agent accepts the Order from the Customer, the Agent acts solely as an intermediary between the Customer and the Charter Company. The Agent solely transmits the Order details to the relevant Charter Company or its booking system and does not itself provide the direct Service, nor is it a co-performer of the Service, cannot influence the conditions for providing the Service by its direct performer, and is not liable in case of violation of the Service provision terms. Full responsibility for providing the Service lies solely with the direct Charter Company. The Agent is limited to providing the Customer solely with services for booking, arranging, and selling the Charter Company's Services on the Site, in accordance with clause 1.1 of this Agreement-offer. All direct terms of the provided Service for organizing and performing the charter (route, route changes, rules for accommodation and behavior on board the vessel, safety rules on the vessel, liability measures for poor-quality service provision, and other terms) are developed directly between the Customer and the Charter Company without the Agent's participation and are regulated in a separate agreement (contract) concluded between the Customer and the Charter Company.
2.12. The Customer agrees and fully understands that under no circumstances is the Agent a participant in the direct legal relations arising (or to arise) between the Customer and the Charter Company, and under no circumstances is it liable for possible negative consequences arising during the course of the Customer's legal relations with the Charter Company (injury on the vessel, harm to health, death, loss of material assets, property damage, penalties from competent state authorities of the country of location, delay of the vessel's departure from the port of origin and/or arrival at the destination port due to weather or other conditions, etc.). All claims, wishes, and demands are to be presented by the Customer directly to the Charter Company.
3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. This Agreement shall be deemed concluded after the User confirms their consent to its terms by performing the following actions:
3.1.1. Clicking the "Book" button at the order confirmation stage, and
3.1.2. Paying the invoice issued by the Agent.
Thereupon, the User performing the acceptance of the Agreement becomes the Customer, and the Agreement is considered the primary document governing the official relationship between the Customer and the Agent.
3.2. By performing the acceptance of the Agreement in the manner defined in clause 3.1 of the Agreement, the Customer guarantees that they have read, agree to, and fully and unconditionally accept all terms of the Agreement.
3.3. The Customer understands that the acceptance of the Agreement is equivalent to concluding the Agreement on the terms set forth herein.
3.4. The Offer comes into force from the moment it is published on the Internet at the Website Address and remains in effect until the offer is revoked.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Customer undertakes to:
4.1.1. Provide the Agent with genuine, reliable, and sufficient documents and information necessary for the provision of services, and bear responsibility for their untimely transfer to the Agent.
4.1.2. Timely and fully pay for the Charter Company's Services in accordance with the Agreement.
4.1.3. Comply with all rules of the Charter Company during the provision of Services, respect the Charter Company's personnel, observe environmental protection rules, safety regulations, maintain cleanliness on the yacht (or other vessel), follow the instructions of the yacht's (or other vessel's) captain, and comply with the legislation of the state in whose territory the Charter Company provides the Services.
4.1.4. Refrain from consuming alcoholic beverages, narcotics, and other psychotropic substances during the provision of Services by the Charter Company while the yacht (or other vessel) is in transit from the port of departure to the port of destination.
4.1.5. Fully compensate the Charter Company providing the Service for the cost of any damage caused to the Charter Company during the provision of Services (damage to the hull, sails, rigging, and other equipment).
4.2. The Agent undertakes to:
4.2.1. Conscientiously fulfill its obligations regarding booking and arranging the Order for the Charter Company's Services, except in cases of Order cancellation initiated by the Customer.
4.2.2. Provide the Customer with reliable information about the Charter Company's Services, including timely informing the Customer about the place and time of service provision by the Charter Company, and promptly responding to any questions the Customer may have regarding the service provision.
4.2.3. Use all personal data and other confidential information about the Customer solely for the purpose of providing services under the Agreement.
4.2.4. Timely inform the Customer of any changes in the service provision terms.
4.2.5. Accept payment from the Customer for the cost of the Charter Company's Services and process all documents necessary for the provision of the Agent's services.
4.3. The Customer has the right to:
4.3.1. Demand that the Agent provide information on issues related to service provision.
4.4. The Agent has the right to:
4.4.1. Independently determine the forms and methods of service provision based on legal requirements and the specific terms of the Agreement.
4.4.2. Obtain, upon written or oral request, information necessary for the provision of services.
4.5. The Agent informs the Customer, and the Customer takes note and agrees that if the Customer exhibits inappropriate behavior on board the yacht (vessel) during the transit from the port of departure to the port of destination, posing a threat to the life and health of the crew and other passengers of the yacht (or other vessel), or provoking any unlawful actions, or if such unlawful actions are identified, or in the case of threats, systematic insults directed at the crew and other passengers of the yacht (or other vessel), or in a situation of intentional material damage to the property of the Charter Company, crew members, or other passengers of the yacht (or other vessel), the captain of the yacht (or other vessel) has the right to disembark the Customer from the yacht (vessel) at the nearest port of call along the route, based on the specifics of the route, weather conditions, and other factors, at their sole discretion. In the event of the situation described in this clause of the Agreement, the Customer will be obliged to unquestionably leave the yacht (or other vessel) with all their belongings at the port of disembarkation. In this case, the Charter Company's Services will be considered duly provided to the Customer, and no money for the Services will be refunded to the Customer by the Charter Company or the Agent. In case of objections or disagreements with the actions of the yacht's (vessel's) captain in the situation described in this clause of the Agreement or in case of any claims, the Customer undertakes to direct all objections and claims directly to the Charter Company and not to present them to the Agent.
4.6. The Agent informs the Customer, and the Customer takes note and agrees that if the Charter Company identifies inappropriate behavior on the part of the Customer and/or Recipient(s), manifested as systematic (two or more times) severe alcohol, narcotic, or other toxic intoxication of the said person(s), or if the said person(s) demonstrates aggressive behavior (accompanied by insults, attacks, provocation of conflict situations, creation of a threat of harm to the health and life of others) or other indecent behavior (defaming the honor, dignity of the said person(s) or others, showing clear disrespect for the surrounding society, or motivated by hooliganism) before the yacht (or other vessel) departs from the initial port of departure, the Charter Company reserves the right to detain the yacht (vessel) at the current port of location (mooring) and not allow the yacht (or other vessel) to depart from the current port of location (mooring). In this case, the Charter Company's Services will be considered duly provided to the Customer, and no money for the Services will be refunded to the Customer by the Charter Company or the Agent. In case of objections or disagreements with the actions of the yacht's (vessel's) captain in the situation described in this clause of the Agreement or in case of any claims, the Customer undertakes to direct all objections and claims directly to the Charter Company and not to present them to the Agent.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1. The cost of the Order includes the cost of the Charter Company's Services at the time of placing the Order and the cost of the Agent's services for booking and arranging the Order. The Order cost is set in rubles or foreign currency. Insurance for the Customer's liability for damage to the yacht or other vessel, other types of liability insurance for the Customer, payment of a security deposit to the Charter Company, payment of service charges to the Charter Company, as well as other additional Services of the Charter Company not specified in the Order, are paid by the Customer directly to the Charter Company.
5.2. From the moment of acceptance of the Agreement and confirmation of the Order by the Charter Company, the Customer is obliged to pay for the Order in the following manner, unless otherwise specified by the Agent when placing the Order:
5.2.1. If the Order is paid for more than 60 (sixty) days before the start date of the Services, the Customer pays 50% of the Order cost. The remaining cost of the Order is paid by the Customer according to the terms specified in the Order, but no later than 30 days before the start date of the Charter Services.
5.2.2. If the Order is paid for less than 60 (sixty) days before the start date of the Services, the Customer pays 100% of the Order cost.
In case the Customer fails to pay by the deadline specified in clause 5.2.1 of this agreement, or if payment is received after the specified period, the Order placed by the Customer may be canceled by the Charter Company, and a penalty equal to the amount of the prepayment made by the Customer may be withheld.
5.3. After the Customer makes a booking for the Order on the Site, the Agent contacts the Charter Company and confirms the current (final) cost of the Order as of the current date. The Agent then sends the Customer an invoice (or electronic link) for payment of the Order with the confirmed cost, or informs the Customer of an increase or decrease in the Order cost as of the current date and offers the Customer to place and pay for the Order at the new (changed) cost. If the Customer agrees to place the Order at the new (changed), current cost as of the date, the Agent sends the Customer an invoice (or electronic link) for payment of the Order with the cost agreed upon by the Parties.
5.4. The Customer has the right to pay for the Services under the Agreement in any of the following ways:
5.4.1. Transfer of funds by the Customer in the currency of the Russian Federation (ruble) to the Agent's bank account. In this case, the Customer's payment obligations under the Agreement are considered fulfilled from the date the funds are received in the Agent's bank account.
5.4.2. Transfer of funds by the Customer to the Agent using electronic payment systems.
5.4.3. Handing over cash by the Customer to the Agent.
5.4.4. Transfer of funds by the Customer in foreign currency to the bank account of the Charter Company providing the Services.
5.5. A completed booking, before the cost of the Services is confirmed by the Charter Company and before payment of the invoice issued by the Agent, is not a guarantee of an unchanged cost for the Charter Company's Services. The cost may be changed by the Charter Company, the Service provider, for reasons beyond the Agent's control and without prior notice to the Customer.
5.6. The Agent is not liable for negative consequences and losses arising from events and circumstances outside its area of competence, nor for the actions (or inaction) of third parties, including changes in the terms of service provision by the Charter Company. The Agent is not responsible for the cancellation of the Order, changes in the time and date of service provision by the Charter Company, changes in the port, vessel type, and related changes to the Order.
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Sole Proprietor Denis Raisovich Valiullin, TIN 402506033816, hereinafter referred to as the Agent, addresses this offer agreement for the provision of booking services (hereinafter - the Agreement) to any User who has expressed a willingness to use the Agent's services.
In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this Agreement is a public offer, the acceptance of which is the performance of actions provided for by the Agreement.
1. TERMS AND DEFINITIONS
1.1. To ensure a full and unambiguous understanding of this Agreement, the following definitions of terms and concepts used throughout the Agreement are provided:
Agent — a party acting on behalf and at the expense of the Charter Company with which it has entered into contractual relations, when providing services to the Customer;
Acceptance — the full and unconditional acceptance by the Client of the terms of the Offer by performing the actions specified in clause 3.1 of the Offer, which shall constitute an expression of the Customer's intention to receive the Agent's Services under the terms of this Agreement-offer.
Order — a properly formalized request from the Customer to receive the Services of the Charter Company selected on the Site.
Customer — a User who has accepted the offer and is the Customer of the Agent's services under the concluded Agreement;
Offer — this document, constituting a public offer from Wesailco OÜ, addressed to any individual, to conclude an Agreement for the provision of Services with the Agent under the terms set forth in the Offer. The Offer is published on the Internet on the Site at: https://wesail.co/terms
User — any legally competent individual who has reached the age of 18 and has the legal right to enter into contractual relations with the Agent;
Recipient — a person who is not directly the Customer of the Services but was designated by the Customer as the recipient of the Service when creating the Order. If, as a result of the Customer's use of the Agent's Services, a Corresponding Agreement is concluded between the Recipient and the Charter Company, the Recipient acquires the corresponding status (Passenger, etc.) in relation to the Charter Company.
Site — the platform located on the Internet at https://wesail.co, the mobile site and mobile application that allow booking, arranging and purchasing the Services of the Charter Company;
Services — services provided by the Charter Company to the Customer for renting a yacht (or other vessel or watercraft) without a crew, with a crew, or chartering a berth/cabin on a vessel. The final list of Services is determined in the agreement with the Charter Company;
Charter Company — a third-party provider of Services, on whose behalf and at whose expense the Agent acts and with whom it has entered into contractual relations to provide services to the Customer.
1.2. Other terms not defined in this section shall be interpreted in accordance with the text of this document. In the absence of an unambiguous interpretation of a term, one should be guided by the interpretation of the term defined, first and foremost, by the legislation of the Russian Federation, then by the common usage on the Internet (on relevant Internet resources) and in business practice.
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement, the Agent, on behalf and at the expense of the Charter Company, provides the Customer with services for booking, arranging, and selling the Charter Company's Services on the Site in accordance with the parameters (date, time, route, and other conditions) specified by the Customer in the Order. The Customer, in turn, undertakes to pay for the Services provided by the Charter Company in the manner and under the terms established by the Agreement.
2.1.1. The Agent's Services include the following:
A) Displaying information about Services on the Site;
B) Ensuring, through the use of software and technological means, the operation of the Booking System and the ability for the Customer to create and pay for Orders;
C) The Booking System performing a search for Services in accordance with the priority parameters set by the Client;
D) Selecting the optimal offer from the Charter Company providing bareboat charter, crewed charter, or berth/cabin charter in accordance with the priority search parameters set by the Client;
E) Providing advisory services on the cost (rates, fees, etc.) and characteristics of the Services, charter conditions, etc.;
F) Making a booking according to the Order created and paid for by the Customer;
G) Arranging the Service and providing the Client with the corresponding confirmation;
H) Assisting with the process of returning/changing the Service;
I) Providing additional Agent Services.
2.2. The Services are considered to have been rendered by the Agent properly and in full after the Customer has been sent the document certifying the conclusion of the agreement with the Charter Company for the provision of Services.
2.3. Interaction between the Agent and the Customer is carried out through the Site, using WhatsApp and/or Telegram and/or Messenger (Facebook) messengers, as well as via email correspondence using the email address indicated on the Site.
2.4. All agreements for the provision of Services by the Charter Company, information about which is posted on the Site, are concluded by the Customer directly with the Charter Company providing these Services.
2.5. The Agent reserves the right to make changes to this Agreement. Accordingly, the Customer undertakes to independently monitor changes to the Agreement posted on the Site regularly.
2.6. The Customer assumes all possible commercial risks (placing a new Order, tariff changes, refunds, etc.) associated with its actions of making errors or inaccuracies in providing the data requested by the Agent.
2.7. By performing the Acceptance of the Offer, the Customer confirms:
a) that all information (data) provided by the Customer on the Site, including information (data) specified during registration, is valid, current, reliable, accurate, correct, and complete;
b) that all information (data) about Recipients specified by the Customer when creating the Order is valid, current, reliable, accurate, correct, and complete (when creating the Order in favor of / in the name of a Recipient).
2.8. The Customer has the right to use the Site, create an Order, and perform any actions regarding booking in favor of / in the name of a third party - the Recipient. Under no circumstances shall the Recipient be or be deemed a party to this Agreement concluded by the Customer with the Agent through Acceptance of the Offer.
2.9. The Customer guarantees to the Agent and assumes full responsibility for all possible claims that at the time of creating the Order, the Customer has informed the Recipient(s) of all terms, rules, and information presented to the Customer on the Site during the creation of the Order. The Customer guarantees to the Agent and assumes full responsibility for all possible claims that the Customer has notified the Recipient(s) before creating the Order that the Recipient(s) are not a party to this Agreement with the Agent and are not entitled to make any claims, complaints, lawsuits, statements, etc., against the Agent or regarding the Agent, related to the Service ordered by the Customer in favor of / in the name of the Recipient.
2.10. The Agent is not a tour operator or travel agent. Therefore, Federal Law No. 132-FZ dated November 24, 1996 "On the Basics of Tourist Activities in the Russian Federation" does not apply to the legal relations between the Customer and the Agent.
2.11. From the moment the Agent accepts the Order from the Customer, the Agent acts solely as an intermediary between the Customer and the Charter Company. The Agent solely transmits the Order details to the relevant Charter Company or its booking system and does not itself provide the direct Service, nor is it a co-performer of the Service, cannot influence the conditions for providing the Service by its direct performer, and is not liable in case of violation of the Service provision terms. Full responsibility for providing the Service lies solely with the direct Charter Company. The Agent is limited to providing the Customer solely with services for booking, arranging, and selling the Charter Company's Services on the Site, in accordance with clause 1.1 of this Agreement-offer. All direct terms of the provided Service for organizing and performing the charter (route, route changes, rules for accommodation and behavior on board the vessel, safety rules on the vessel, liability measures for poor-quality service provision, and other terms) are developed directly between the Customer and the Charter Company without the Agent's participation and are regulated in a separate agreement (contract) concluded between the Customer and the Charter Company.
2.12. The Customer agrees and fully understands that under no circumstances is the Agent a participant in the direct legal relations arising (or to arise) between the Customer and the Charter Company, and under no circumstances is it liable for possible negative consequences arising during the course of the Customer's legal relations with the Charter Company (injury on the vessel, harm to health, death, loss of material assets, property damage, penalties from competent state authorities of the country of location, delay of the vessel's departure from the port of origin and/or arrival at the destination port due to weather or other conditions, etc.). All claims, wishes, and demands are to be presented by the Customer directly to the Charter Company.
3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. This Agreement shall be deemed concluded after the User confirms their consent to its terms by performing the following actions:
3.1.1. Clicking the "Book" button at the order confirmation stage, and
3.1.2. Paying the invoice issued by the Agent.
Thereupon, the User performing the acceptance of the Agreement becomes the Customer, and the Agreement is considered the primary document governing the official relationship between the Customer and the Agent.
3.2. By performing the acceptance of the Agreement in the manner defined in clause 3.1 of the Agreement, the Customer guarantees that they have read, agree to, and fully and unconditionally accept all terms of the Agreement.
3.3. The Customer understands that the acceptance of the Agreement is equivalent to concluding the Agreement on the terms set forth herein.
3.4. The Offer comes into force from the moment it is published on the Internet at the Website Address and remains in effect until the offer is revoked.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Customer undertakes to:
4.1.1. Provide the Agent with genuine, reliable, and sufficient documents and information necessary for the provision of services, and bear responsibility for their untimely transfer to the Agent.
4.1.2. Timely and fully pay for the Charter Company's Services in accordance with the Agreement.
4.1.3. Comply with all rules of the Charter Company during the provision of Services, respect the Charter Company's personnel, observe environmental protection rules, safety regulations, maintain cleanliness on the yacht (or other vessel), follow the instructions of the yacht's (or other vessel's) captain, and comply with the legislation of the state in whose territory the Charter Company provides the Services.
4.1.4. Refrain from consuming alcoholic beverages, narcotics, and other psychotropic substances during the provision of Services by the Charter Company while the yacht (or other vessel) is in transit from the port of departure to the port of destination.
4.1.5. Fully compensate the Charter Company providing the Service for the cost of any damage caused to the Charter Company during the provision of Services (damage to the hull, sails, rigging, and other equipment).
4.2. The Agent undertakes to:
4.2.1. Conscientiously fulfill its obligations regarding booking and arranging the Order for the Charter Company's Services, except in cases of Order cancellation initiated by the Customer.
4.2.2. Provide the Customer with reliable information about the Charter Company's Services, including timely informing the Customer about the place and time of service provision by the Charter Company, and promptly responding to any questions the Customer may have regarding the service provision.
4.2.3. Use all personal data and other confidential information about the Customer solely for the purpose of providing services under the Agreement.
4.2.4. Timely inform the Customer of any changes in the service provision terms.
4.2.5. Accept payment from the Customer for the cost of the Charter Company's Services and process all documents necessary for the provision of the Agent's services.
4.3. The Customer has the right to:
4.3.1. Demand that the Agent provide information on issues related to service provision.
4.4. The Agent has the right to:
4.4.1. Independently determine the forms and methods of service provision based on legal requirements and the specific terms of the Agreement.
4.4.2. Obtain, upon written or oral request, information necessary for the provision of services.
4.5. The Agent informs the Customer, and the Customer takes note and agrees that if the Customer exhibits inappropriate behavior on board the yacht (vessel) during the transit from the port of departure to the port of destination, posing a threat to the life and health of the crew and other passengers of the yacht (or other vessel), or provoking any unlawful actions, or if such unlawful actions are identified, or in the case of threats, systematic insults directed at the crew and other passengers of the yacht (or other vessel), or in a situation of intentional material damage to the property of the Charter Company, crew members, or other passengers of the yacht (or other vessel), the captain of the yacht (or other vessel) has the right to disembark the Customer from the yacht (vessel) at the nearest port of call along the route, based on the specifics of the route, weather conditions, and other factors, at their sole discretion. In the event of the situation described in this clause of the Agreement, the Customer will be obliged to unquestionably leave the yacht (or other vessel) with all their belongings at the port of disembarkation. In this case, the Charter Company's Services will be considered duly provided to the Customer, and no money for the Services will be refunded to the Customer by the Charter Company or the Agent. In case of objections or disagreements with the actions of the yacht's (vessel's) captain in the situation described in this clause of the Agreement or in case of any claims, the Customer undertakes to direct all objections and claims directly to the Charter Company and not to present them to the Agent.
4.6. The Agent informs the Customer, and the Customer takes note and agrees that if the Charter Company identifies inappropriate behavior on the part of the Customer and/or Recipient(s), manifested as systematic (two or more times) severe alcohol, narcotic, or other toxic intoxication of the said person(s), or if the said person(s) demonstrates aggressive behavior (accompanied by insults, attacks, provocation of conflict situations, creation of a threat of harm to the health and life of others) or other indecent behavior (defaming the honor, dignity of the said person(s) or others, showing clear disrespect for the surrounding society, or motivated by hooliganism) before the yacht (or other vessel) departs from the initial port of departure, the Charter Company reserves the right to detain the yacht (vessel) at the current port of location (mooring) and not allow the yacht (or other vessel) to depart from the current port of location (mooring). In this case, the Charter Company's Services will be considered duly provided to the Customer, and no money for the Services will be refunded to the Customer by the Charter Company or the Agent. In case of objections or disagreements with the actions of the yacht's (vessel's) captain in the situation described in this clause of the Agreement or in case of any claims, the Customer undertakes to direct all objections and claims directly to the Charter Company and not to present them to the Agent.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1. The cost of the Order includes the cost of the Charter Company's Services at the time of placing the Order and the cost of the Agent's services for booking and arranging the Order. The Order cost is set in rubles or foreign currency. Insurance for the Customer's liability for damage to the yacht or other vessel, other types of liability insurance for the Customer, payment of a security deposit to the Charter Company, payment of service charges to the Charter Company, as well as other additional Services of the Charter Company not specified in the Order, are paid by the Customer directly to the Charter Company.
5.2. From the moment of acceptance of the Agreement and confirmation of the Order by the Charter Company, the Customer is obliged to pay for the Order in the following manner, unless otherwise specified by the Agent when placing the Order:
5.2.1. If the Order is paid for more than 60 (sixty) days before the start date of the Services, the Customer pays 50% of the Order cost. The remaining cost of the Order is paid by the Customer according to the terms specified in the Order, but no later than 30 days before the start date of the Charter Services.
5.2.2. If the Order is paid for less than 60 (sixty) days before the start date of the Services, the Customer pays 100% of the Order cost.
In case the Customer fails to pay by the deadline specified in clause 5.2.1 of this agreement, or if payment is received after the specified period, the Order placed by the Customer may be canceled by the Charter Company, and a penalty equal to the amount of the prepayment made by the Customer may be withheld.
5.3. After the Customer makes a booking for the Order on the Site, the Agent contacts the Charter Company and confirms the current (final) cost of the Order as of the current date. The Agent then sends the Customer an invoice (or electronic link) for payment of the Order with the confirmed cost, or informs the Customer of an increase or decrease in the Order cost as of the current date and offers the Customer to place and pay for the Order at the new (changed) cost. If the Customer agrees to place the Order at the new (changed), current cost as of the date, the Agent sends the Customer an invoice (or electronic link) for payment of the Order with the cost agreed upon by the Parties.
5.4. The Customer has the right to pay for the Services under the Agreement in any of the following ways:
5.4.1. Transfer of funds by the Customer in the currency of the Russian Federation (ruble) to the Agent's bank account. In this case, the Customer's payment obligations under the Agreement are considered fulfilled from the date the funds are received in the Agent's bank account.
5.4.2. Transfer of funds by the Customer to the Agent using electronic payment systems.
5.4.3. Handing over cash by the Customer to the Agent.
5.4.4. Transfer of funds by the Customer in foreign currency to the bank account of the Charter Company providing the Services.
5.5. A completed booking, before the cost of the Services is confirmed by the Charter Company and before payment of the invoice issued by the Agent, is not a guarantee of an unchanged cost for the Charter Company's Services. The cost may be changed by the Charter Company, the Service provider, for reasons beyond the Agent's control and without prior notice to the Customer.
5.6. The Agent is not liable for negative consequences and losses arising from events and circumstances outside its area of competence, nor for the actions (or inaction) of third parties, including changes in the terms of service provision by the Charter Company. The Agent is not responsible for the cancellation of the Order, changes in the time and date of service provision by the Charter Company, changes in the port, vessel type, and related changes to the Order.
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6. CONFIDENTIALITY AND PERSONAL DATA PROTECTION
6.1. To fulfill the terms of the Agreement, the Customer agrees to provide and consents to the processing of personal data in accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" under the terms of this Agreement.
6.2. The Agent guarantees confidentiality regarding the Customer's personal data and provides access to personal data only to those third parties who need this information to fulfill the terms of the Agreement, ensuring that these parties maintain the confidentiality and security of personal data during their processing.
6.3. The processing of the Customer's personal data is carried out for the purpose of properly fulfilling the terms of this Agreement, conducting necessary marketing activities, using the Site, with subsequent sending of postal messages and SMS messages, including advertising content, from the Agent and third parties, informational and news mailings, and other advertising and news content, as well as for the purpose of verifying the Customer's identity.
6.4. Under this Agreement, the Customer's personal data includes: personal information provided by the Customer independently when accepting the Agreement, including last name, first name, patronymic, contact phone number, email address (Email), postal address or residential address; data that is automatically transmitted by the Site during its use through software installed on the Customer's device, including IP address, information from Cookies, information about the Customer's browser (or other program used to access the Site), access time, address of the requested page, and other data.
6.5. The Agent takes all possible necessary legal, organizational, and technical measures or ensures their implementation to protect personal data from unlawful or accidental access, destruction, modification, blocking, copying, provision, distribution of personal data, as well as from other unlawful actions regarding personal data.
6.6. The Customer confirms and agrees that for the purpose of the Charter Company, located outside the Russian Federation, fulfilling the corresponding Service agreement, as well as for the successful creation and payment of the Order, if entities located outside the Russian Federation are involved in such creation and payment, the Agent may carry out cross-border transfer of personal data. Consequently, the storage and processing of Data may be carried out on servers and sources located in any country in the world. Any cross-border transfer of personal data is carried out only to those recipients and only to the extent necessary for the Charter Company to fulfill the Services to the Customer, as well as for the successful creation and payment of the Order.
6.7. To withdraw consent for the receipt and processing of personal data, as well as for the transfer of this data to third parties, the Customer must submit a corresponding written application to the email address: hello@wesail.co. In case the Customer withdraws consent for the processing of personal data, the Agent has the right to continue processing personal data without the Customer's consent if there are grounds specified in paragraphs 2-11 of part 1 of Article 6, part 2 of Article 10, and part 2 of Article 11 of Federal Law No. 152-FZ of July 27, 2006 "On Personal Data."
7. LIABILITY OF THE PARTIES
7.1. The Parties shall be liable for failure to perform or improper performance of their obligations under the Agreement in accordance with the Agreement and the legislation of the Russian Federation.
7.2. A penalty under the Agreement is paid only on the basis of a justified written demand from the Parties.
7.3. Payment of a penalty does not release the Parties from performing the obligations stipulated by the Agreement.
7.4. Customer's Liability:
7.4.1. The Customer assumes full responsibility for preparing all documents necessary for the Charter Company to provide the Services. The Customer should familiarize themselves with and comply with all requirements of the country they are traveling to regarding the preparation of documents necessary for departure and arrival, visa application conditions, valid passports, powers of attorney, or other documents.
7.4.2. The Customer assumes full responsibility for preparing the documents necessary for leaving the territory of the Russian Federation and entering the territory of the Russian Federation. The Agent is not responsible for the Customer's ignorance or non-compliance with these requirements. The Agent is also not responsible for the validity of the Customer's skipper's license. The Customer independently monitors the validity period of their skipper's license, the relevance of the data in such a document, and the presence of a valid license from the organization that issued the skipper's license.
7.5. Agent's Liability:
7.5.1. Due to the gratuitous nature of the Agent's services provided under this Agreement, the provisions on consumer rights protection provided for by the legislation of the Russian Federation may not be applicable to the relations between the Customer and the Agent.
7.5.2. The Agent is not liable for any discrepancy between the Agent's services and the Charter Company's Services and the Customer's unreasonable expectations and their subjective assessment.
7.5.3. The Agent is not liable for material and moral damage caused to the Customer as a result of the Customer's failure to observe personal safety measures; for damage, loss, or theft of the Customer's personal belongings, valuables, and documents during the provision of Services, or for any other harm caused to the Customer by third parties, including the Charter Company. The Agent is not liable for any and all actions or inaction, errors, omissions, statements, representations, warranties, breaches, or negligence by the Charter Company, or for any bodily injury, death, property damage, or other losses or additional expenses arising from the above, and does not provide any indemnification for the stated reasons.
7.5.4. Under any circumstances, the Agent's liability in accordance with Article 15 of the Civil Code of the Russian Federation is limited to the amount of the Agent's fee and is imposed only if there is fault in its actions. In this case, the Customer has the right to demand compensation for the full amount of losses directly and immediately from the Charter Company.
8. GROUNDS AND PROCEDURE FOR AMENDING AND TERMINATING THE AGREEMENT
8.1. The Agreement may be terminated by mutual agreement of the Parties, as well as unilaterally upon written request of one of the Parties on the grounds provided for by the Agreement and the legislation of the Russian Federation.
8.2. This Agreement may be terminated at any time at the initiative of the Customer or the Agent by sending a corresponding notification to the other party via email.
8.3. The Agent has the right to terminate the agreement at any time without prior notice in case of violations by the Customer of the procedure and terms for booking and paying for the Charter Company's Services.
8.4. In case of the Customer's unilateral refusal of the Charter Company's Services by canceling the Order, such refusal must be sent by the Customer directly to the Agent.
8.5. Procedure for refunding the cost of paid Charter Company Services to the Customer in case of unilateral refusal by the Customer:
8.5.1. In case of unilateral refusal by the Customer from the Order and the Charter Company's Services 60 (sixty) days or more before the start date of the Services, the Agent refunds the Customer 50% of the Order cost; the remaining 50% of the Order cost is not subject to refund to the Customer and constitutes a penalty for unilateral refusal to perform this Agreement.
8.5.2. In case of unilateral refusal by the Customer from the Order and the Charter Company's Services less than 60 (sixty) days before the start date of the Services, the Order cost paid by the Customer is not subject to refund and constitutes a penalty for unilateral refusal to perform this Agreement.
8.6. The Agent has the right, at its sole discretion, to make changes to the terms of this Offer Agreement at any time.
8.7. The Agent has no obligation to inform Customers about changes to this Offer Agreement in any way other than by publishing the Offer Agreement with the corresponding changes on the Site.
8.8. Changes to the Offer Agreement come into force from the date of publication of the Offer Agreement in the current version.
8.9. The Customer is obliged to independently and regularly check this Offer Agreement for the presence of changes. By this, the Customer agrees and fully understands that explicit acceptance of the Offer Agreement and/or use of the Site after the publication of the Offer Agreement with corresponding changes means the Customer's full and unconditional consent to the changed terms of the Agent's Offer Agreement. If the Customer does not agree and does not accept the changed terms of the Offer Agreement, the Customer must stop using the Site.
9. DISPUTE RESOLUTION
9.1. The Agent makes every effort to prevent violations of anyone's rights on the Site.
9.2. All disputes and disagreements that may arise between the Customer and the Charter Company regarding issues not resolved in the text of this Agreement shall be resolved by the Customer and the Charter Company through negotiations. The Agent has the right to act as a mediator in disputes and disagreements, not resolved in the text of this Agreement, between the Customer and the Charter Company.
9.3. In case of any disagreements, the Agent makes every effort to resolve them through negotiations. A pre-trial claim procedure is mandatory for the parties to this Agreement.
9.4. If the Customer or a third party believes that the Agent has in any way violated its rights or has any claims, it may contact the Agent by email to resolve disagreements through pre-trial settlement.
9.5. A claim must be submitted in scanned form, signed by the person who believes their rights have been violated.
9.6. The claim must contain the following information: what rights have been violated; information about the person who believes their rights have been violated; information about the representative if the claim is signed by a representative (full name, scanned copy of the power of attorney; for the head of a legal entity – a scanned copy of the appointment order/protocol); in what actions of the Agent the violation of rights is expressed; the page of the Site where, in the opinion of the claimant, their rights have been violated; contact details for communication (phone number, email address, Skype nickname, if any); the date and signature of the claimant or their representative.
9.7. The term for consideration of the claim by the Agent is 30 (thirty) calendar days. If a response to the claim is not received within the period provided for in this clause, or if the Parties do not reach an agreement on the disagreements that have arisen, the dispute shall be resolved in court in accordance with the legislation of the Russian Federation.
9.8. The Parties have determined that the legislation of the Russian Federation applies to the legal relations between the Customer and the Agent.
10. FORCE MAJEURE
10.1. The Parties shall be released from liability for full or partial failure to fulfill their obligations under the Agreement if such failure is a consequence of force majeure or other circumstances beyond the control of the Parties.
10.2. Force majeure or cas fortuit shall be understood as circumstances that preclude or objectively hinder the fulfillment of the terms of this Agreement between the Agent and the Customer, which are extraordinary, unavoidable, and unforeseen in nature, and which the Parties could not have foreseen or prevented by reasonable measures. Such circumstances include, in particular: circumstances caused by exceptional weather conditions and natural disasters, disruptions in communication networks, power failures or outages, disruptions in the operation of and access to the Internet and other communication networks, disruptions in the operation of the Site, circumstances related to software updates, scheduled and unscheduled technical and maintenance work on the Site, actions or orders of any government bodies, significant adverse changes in any current legislation, currency restrictions, local or nationwide emergencies, pandemics, epidemics, exacerbation of the epidemiological situation in the country (countries) of the Customer's itinerary under the service agreement with the Charter Company (in the country where the charter is performed) and restrictions imposed by government bodies in connection therewith (including restrictions on movement, the presence of citizens and/or foreign citizens and/or stateless persons in the country's territory), which created conditions for non-performance or improper performance of the Services by the Charter Company, unpredictable actions or inaction of third parties who are not a party to this Agreement between the Agent and the Customer, and/or which occur independently of the will and desire of a party to this Agreement, threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargo, actions of a foreign enemy, general military mobilization, military operations, declared and undeclared war, acts of a public enemy, disturbances, acts of terrorism, sabotage, piracy, riots, invasions, blockades, revolution, mutiny, insurrection, mass riots, imposition of curfew, expropriation, forced seizure, capture of enterprises, requisition, public demonstration, strike, accident, unlawful actions of third parties, fire, explosion, prolonged interruptions in transport operation, embargo, ban (restriction) on export/import, conditions regulated by relevant decisions and acts of state and local government bodies, as well as circumstances related to the liquidation of consequences caused by exceptional weather conditions and unforeseen situations, and other circumstances that are beyond the reasonable control of the Customer and the Agent.
10.3. A Party that is unable to fulfill its obligations under the Agreement must promptly, but no later than five calendar days after the occurrence of the force majeure circumstances, notify the other Party in writing of the fact and reasons for the impossibility of fulfilling its obligations.
10.4. The Parties acknowledge that insolvency of the Parties is not a force majeure circumstance.
11. MISCELLANEOUS PROVISIONS
11.1. This Agreement enters into force from the moment the User accepts this Agreement and is valid until the Parties have fully performed their obligations. The Agreement is exhaustive and supersedes all previous agreements between the Customer and the Agent.
11.2. This Agreement is governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the laws of the Russian Federation.
11.3. If one or more provisions of this Agreement are found to be invalid, such invalidity does not affect the validity of any other provision of the Agreement or the Agreement as a whole.
11.4. The Customer agrees and acknowledges that making changes to the Agreement entails making these changes to the concluded and valid agreement between the Customer and the Agent, and these changes take effect simultaneously with such changes to the Agreement.
11.5. The Agent has the right to make technical changes to the operation of the Site without prior notice to the Customer.
11.6. All textual information and graphic images located on the Site are the property of the Agent and/or its counterparties. Reprinting, reproduction in any form of any materials from the Site is possible only with the written permission of the Agent.
11.7. The primary language of this Agreement and the Site is Russian, which takes precedence over other versions available on the Site.
11.8. The Customer hereby assures the Agent that they have read and understood all provisions set forth in this Agreement.
6.1. To fulfill the terms of the Agreement, the Customer agrees to provide and consents to the processing of personal data in accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" under the terms of this Agreement.
6.2. The Agent guarantees confidentiality regarding the Customer's personal data and provides access to personal data only to those third parties who need this information to fulfill the terms of the Agreement, ensuring that these parties maintain the confidentiality and security of personal data during their processing.
6.3. The processing of the Customer's personal data is carried out for the purpose of properly fulfilling the terms of this Agreement, conducting necessary marketing activities, using the Site, with subsequent sending of postal messages and SMS messages, including advertising content, from the Agent and third parties, informational and news mailings, and other advertising and news content, as well as for the purpose of verifying the Customer's identity.
6.4. Under this Agreement, the Customer's personal data includes: personal information provided by the Customer independently when accepting the Agreement, including last name, first name, patronymic, contact phone number, email address (Email), postal address or residential address; data that is automatically transmitted by the Site during its use through software installed on the Customer's device, including IP address, information from Cookies, information about the Customer's browser (or other program used to access the Site), access time, address of the requested page, and other data.
6.5. The Agent takes all possible necessary legal, organizational, and technical measures or ensures their implementation to protect personal data from unlawful or accidental access, destruction, modification, blocking, copying, provision, distribution of personal data, as well as from other unlawful actions regarding personal data.
6.6. The Customer confirms and agrees that for the purpose of the Charter Company, located outside the Russian Federation, fulfilling the corresponding Service agreement, as well as for the successful creation and payment of the Order, if entities located outside the Russian Federation are involved in such creation and payment, the Agent may carry out cross-border transfer of personal data. Consequently, the storage and processing of Data may be carried out on servers and sources located in any country in the world. Any cross-border transfer of personal data is carried out only to those recipients and only to the extent necessary for the Charter Company to fulfill the Services to the Customer, as well as for the successful creation and payment of the Order.
6.7. To withdraw consent for the receipt and processing of personal data, as well as for the transfer of this data to third parties, the Customer must submit a corresponding written application to the email address: hello@wesail.co. In case the Customer withdraws consent for the processing of personal data, the Agent has the right to continue processing personal data without the Customer's consent if there are grounds specified in paragraphs 2-11 of part 1 of Article 6, part 2 of Article 10, and part 2 of Article 11 of Federal Law No. 152-FZ of July 27, 2006 "On Personal Data."
7. LIABILITY OF THE PARTIES
7.1. The Parties shall be liable for failure to perform or improper performance of their obligations under the Agreement in accordance with the Agreement and the legislation of the Russian Federation.
7.2. A penalty under the Agreement is paid only on the basis of a justified written demand from the Parties.
7.3. Payment of a penalty does not release the Parties from performing the obligations stipulated by the Agreement.
7.4. Customer's Liability:
7.4.1. The Customer assumes full responsibility for preparing all documents necessary for the Charter Company to provide the Services. The Customer should familiarize themselves with and comply with all requirements of the country they are traveling to regarding the preparation of documents necessary for departure and arrival, visa application conditions, valid passports, powers of attorney, or other documents.
7.4.2. The Customer assumes full responsibility for preparing the documents necessary for leaving the territory of the Russian Federation and entering the territory of the Russian Federation. The Agent is not responsible for the Customer's ignorance or non-compliance with these requirements. The Agent is also not responsible for the validity of the Customer's skipper's license. The Customer independently monitors the validity period of their skipper's license, the relevance of the data in such a document, and the presence of a valid license from the organization that issued the skipper's license.
7.5. Agent's Liability:
7.5.1. Due to the gratuitous nature of the Agent's services provided under this Agreement, the provisions on consumer rights protection provided for by the legislation of the Russian Federation may not be applicable to the relations between the Customer and the Agent.
7.5.2. The Agent is not liable for any discrepancy between the Agent's services and the Charter Company's Services and the Customer's unreasonable expectations and their subjective assessment.
7.5.3. The Agent is not liable for material and moral damage caused to the Customer as a result of the Customer's failure to observe personal safety measures; for damage, loss, or theft of the Customer's personal belongings, valuables, and documents during the provision of Services, or for any other harm caused to the Customer by third parties, including the Charter Company. The Agent is not liable for any and all actions or inaction, errors, omissions, statements, representations, warranties, breaches, or negligence by the Charter Company, or for any bodily injury, death, property damage, or other losses or additional expenses arising from the above, and does not provide any indemnification for the stated reasons.
7.5.4. Under any circumstances, the Agent's liability in accordance with Article 15 of the Civil Code of the Russian Federation is limited to the amount of the Agent's fee and is imposed only if there is fault in its actions. In this case, the Customer has the right to demand compensation for the full amount of losses directly and immediately from the Charter Company.
8. GROUNDS AND PROCEDURE FOR AMENDING AND TERMINATING THE AGREEMENT
8.1. The Agreement may be terminated by mutual agreement of the Parties, as well as unilaterally upon written request of one of the Parties on the grounds provided for by the Agreement and the legislation of the Russian Federation.
8.2. This Agreement may be terminated at any time at the initiative of the Customer or the Agent by sending a corresponding notification to the other party via email.
8.3. The Agent has the right to terminate the agreement at any time without prior notice in case of violations by the Customer of the procedure and terms for booking and paying for the Charter Company's Services.
8.4. In case of the Customer's unilateral refusal of the Charter Company's Services by canceling the Order, such refusal must be sent by the Customer directly to the Agent.
8.5. Procedure for refunding the cost of paid Charter Company Services to the Customer in case of unilateral refusal by the Customer:
8.5.1. In case of unilateral refusal by the Customer from the Order and the Charter Company's Services 60 (sixty) days or more before the start date of the Services, the Agent refunds the Customer 50% of the Order cost; the remaining 50% of the Order cost is not subject to refund to the Customer and constitutes a penalty for unilateral refusal to perform this Agreement.
8.5.2. In case of unilateral refusal by the Customer from the Order and the Charter Company's Services less than 60 (sixty) days before the start date of the Services, the Order cost paid by the Customer is not subject to refund and constitutes a penalty for unilateral refusal to perform this Agreement.
8.6. The Agent has the right, at its sole discretion, to make changes to the terms of this Offer Agreement at any time.
8.7. The Agent has no obligation to inform Customers about changes to this Offer Agreement in any way other than by publishing the Offer Agreement with the corresponding changes on the Site.
8.8. Changes to the Offer Agreement come into force from the date of publication of the Offer Agreement in the current version.
8.9. The Customer is obliged to independently and regularly check this Offer Agreement for the presence of changes. By this, the Customer agrees and fully understands that explicit acceptance of the Offer Agreement and/or use of the Site after the publication of the Offer Agreement with corresponding changes means the Customer's full and unconditional consent to the changed terms of the Agent's Offer Agreement. If the Customer does not agree and does not accept the changed terms of the Offer Agreement, the Customer must stop using the Site.
9. DISPUTE RESOLUTION
9.1. The Agent makes every effort to prevent violations of anyone's rights on the Site.
9.2. All disputes and disagreements that may arise between the Customer and the Charter Company regarding issues not resolved in the text of this Agreement shall be resolved by the Customer and the Charter Company through negotiations. The Agent has the right to act as a mediator in disputes and disagreements, not resolved in the text of this Agreement, between the Customer and the Charter Company.
9.3. In case of any disagreements, the Agent makes every effort to resolve them through negotiations. A pre-trial claim procedure is mandatory for the parties to this Agreement.
9.4. If the Customer or a third party believes that the Agent has in any way violated its rights or has any claims, it may contact the Agent by email to resolve disagreements through pre-trial settlement.
9.5. A claim must be submitted in scanned form, signed by the person who believes their rights have been violated.
9.6. The claim must contain the following information: what rights have been violated; information about the person who believes their rights have been violated; information about the representative if the claim is signed by a representative (full name, scanned copy of the power of attorney; for the head of a legal entity – a scanned copy of the appointment order/protocol); in what actions of the Agent the violation of rights is expressed; the page of the Site where, in the opinion of the claimant, their rights have been violated; contact details for communication (phone number, email address, Skype nickname, if any); the date and signature of the claimant or their representative.
9.7. The term for consideration of the claim by the Agent is 30 (thirty) calendar days. If a response to the claim is not received within the period provided for in this clause, or if the Parties do not reach an agreement on the disagreements that have arisen, the dispute shall be resolved in court in accordance with the legislation of the Russian Federation.
9.8. The Parties have determined that the legislation of the Russian Federation applies to the legal relations between the Customer and the Agent.
10. FORCE MAJEURE
10.1. The Parties shall be released from liability for full or partial failure to fulfill their obligations under the Agreement if such failure is a consequence of force majeure or other circumstances beyond the control of the Parties.
10.2. Force majeure or cas fortuit shall be understood as circumstances that preclude or objectively hinder the fulfillment of the terms of this Agreement between the Agent and the Customer, which are extraordinary, unavoidable, and unforeseen in nature, and which the Parties could not have foreseen or prevented by reasonable measures. Such circumstances include, in particular: circumstances caused by exceptional weather conditions and natural disasters, disruptions in communication networks, power failures or outages, disruptions in the operation of and access to the Internet and other communication networks, disruptions in the operation of the Site, circumstances related to software updates, scheduled and unscheduled technical and maintenance work on the Site, actions or orders of any government bodies, significant adverse changes in any current legislation, currency restrictions, local or nationwide emergencies, pandemics, epidemics, exacerbation of the epidemiological situation in the country (countries) of the Customer's itinerary under the service agreement with the Charter Company (in the country where the charter is performed) and restrictions imposed by government bodies in connection therewith (including restrictions on movement, the presence of citizens and/or foreign citizens and/or stateless persons in the country's territory), which created conditions for non-performance or improper performance of the Services by the Charter Company, unpredictable actions or inaction of third parties who are not a party to this Agreement between the Agent and the Customer, and/or which occur independently of the will and desire of a party to this Agreement, threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargo, actions of a foreign enemy, general military mobilization, military operations, declared and undeclared war, acts of a public enemy, disturbances, acts of terrorism, sabotage, piracy, riots, invasions, blockades, revolution, mutiny, insurrection, mass riots, imposition of curfew, expropriation, forced seizure, capture of enterprises, requisition, public demonstration, strike, accident, unlawful actions of third parties, fire, explosion, prolonged interruptions in transport operation, embargo, ban (restriction) on export/import, conditions regulated by relevant decisions and acts of state and local government bodies, as well as circumstances related to the liquidation of consequences caused by exceptional weather conditions and unforeseen situations, and other circumstances that are beyond the reasonable control of the Customer and the Agent.
10.3. A Party that is unable to fulfill its obligations under the Agreement must promptly, but no later than five calendar days after the occurrence of the force majeure circumstances, notify the other Party in writing of the fact and reasons for the impossibility of fulfilling its obligations.
10.4. The Parties acknowledge that insolvency of the Parties is not a force majeure circumstance.
11. MISCELLANEOUS PROVISIONS
11.1. This Agreement enters into force from the moment the User accepts this Agreement and is valid until the Parties have fully performed their obligations. The Agreement is exhaustive and supersedes all previous agreements between the Customer and the Agent.
11.2. This Agreement is governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the laws of the Russian Federation.
11.3. If one or more provisions of this Agreement are found to be invalid, such invalidity does not affect the validity of any other provision of the Agreement or the Agreement as a whole.
11.4. The Customer agrees and acknowledges that making changes to the Agreement entails making these changes to the concluded and valid agreement between the Customer and the Agent, and these changes take effect simultaneously with such changes to the Agreement.
11.5. The Agent has the right to make technical changes to the operation of the Site without prior notice to the Customer.
11.6. All textual information and graphic images located on the Site are the property of the Agent and/or its counterparties. Reprinting, reproduction in any form of any materials from the Site is possible only with the written permission of the Agent.
11.7. The primary language of this Agreement and the Site is Russian, which takes precedence over other versions available on the Site.
11.8. The Customer hereby assures the Agent that they have read and understood all provisions set forth in this Agreement.
Contact Information
Sole Proprietor Denis Raisovich Valiullin
Taxpayer Identification Number (INN) 402506033816
Moscow, Leninskiye Gory 1s1
+7 995 119 55 60
hello@wesail.co
Sole Proprietor Denis Raisovich Valiullin
Taxpayer Identification Number (INN) 402506033816
Moscow, Leninskiye Gory 1s1
+7 995 119 55 60
hello@wesail.co
