Public Offer

English translation for reference. The contract language is Russian. Read the Russian original.

For entering into an agreement for the provision of services.

1. General provisions

This Public Offer sets out the terms for entering into an agreement for the provision of services (the “Service Agreement” or “Agreement”). This Offer is a proposal addressed to one or more specific persons, sufficiently definite and expressing the offeror’s intention to be bound by an Agreement with a recipient who accepts the proposal.

Performing the actions specified in this Offer confirms both Parties’ consent to enter into the Service Agreement on the terms, in the manner and to the extent set out in this Offer.

The following Public Offer is the Service Provider’s official public proposal to interested persons to enter into a Service Agreement in accordance with Article 437(2) of the Civil Code of the Russian Federation.

The Service Agreement is deemed concluded and takes effect when the Parties perform the actions specified in this Offer, signifying unconditional and complete acceptance of all its terms without any exclusions or restrictions, by accession.

Terms and definitions

Agreement: the text of this Offer together with its Appendices, which form an integral part of it, accepted by the Customer by performing the actions indicating acceptance specified in this Offer.

Actions indicating acceptance: conduct expressing consent to a counterparty’s proposal to enter into, amend or terminate an agreement. These actions consist of complete or partial performance of the terms proposed by the counterparty.

Service Provider’s Website: a collection of computer programs and other information contained in an information system accessible via the Internet at the domain name and network address katermoscow.ru.

Parties to the Agreement (Parties): the Service Provider and the Customer.

Service: a service provided by the Service Provider to the Customer in the manner and on the terms established by this Offer.

2. Subject of the Agreement

2.1. The Service Provider undertakes to provide Services to the Customer, and the Customer undertakes to pay for them in the amount, manner and within the periods established by this Agreement.

2.2. The description, quantity, procedure and other terms of the Services are determined by the Service Provider’s information when the Customer submits a request, or are stated on the Service Provider’s Website.

2.3. The Service Provider performs the Services personally or engages third parties, remaining liable to the Customer for the actions of those third parties as for the Service Provider’s own actions.

2.4. The Agreement is concluded by acceptance of this Offer through actions indicating acceptance, including the following:

This list is not exhaustive. Other actions may also clearly express a person’s intention to accept a counterparty’s proposal.

3. Rights and obligations of the Parties

3.1. Rights and obligations of the Service Provider:

3.1.1. The Service Provider undertakes to provide the Services in accordance with this Agreement, within the periods and to the extent stated in this Agreement and/or in the manner specified on the Service Provider’s Website.

3.1.2. The Service Provider undertakes to give the Customer access to the sections of the Website needed to obtain information under clause 2.1 of the Agreement.

3.1.3. The Service Provider is responsible for storing and processing the Customer’s personal data, preserves their confidentiality and uses them exclusively to provide the Customer with quality Services.

3.1.4. The Service Provider reserves the right to change the time (period) of provision of the Services and the terms of this Offer unilaterally, without prior notice to the Customer, by publishing those changes on the Service Provider’s Website. New or amended terms stated on the Website apply only to Agreements entered into thereafter.

3.2. Rights and obligations of the Customer:

3.2.1. The Customer must provide accurate information about themselves when receiving the relevant Services.

3.2.2. The Customer undertakes not to reproduce, repeat, copy, sell or use for any purpose the information and materials made available in connection with the Services, except for personal use by the Customer directly, without giving third parties access in any form.

3.2.3. The Customer undertakes to accept the Services provided by the Service Provider.

3.2.4. The Customer may demand a refund for Services not provided, Services of inadequate quality, Services provided outside the agreed time, or where the Customer decides to cancel for reasons unrelated to a breach by the Service Provider, exclusively on the grounds provided by applicable legislation of the Russian Federation.

3.2.5. The Customer warrants that all terms of the Agreement are understood and accepts them in full, without reservations.

4. Price and payment procedure

4.1. The price of the Services provided to the Customer and the payment procedure are determined by the Service Provider’s information when the Customer submits a request, or are stated on the Service Provider’s Website.

4.2. An online booking requires payment of an earnest-money deposit (“zadatok”) through Prodamus. The remaining price is paid in cash on boarding. For Afalina, a RUB 10,000 security deposit is paid in cash and returned after inspection of the boat, taking any damage into account. Detailed conditions are available in the boat-specific booking rules.

5. Confidentiality and security

5.1. In performing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current versions of Federal Law No. 152-FZ of 27 July 2006 “On Personal Data” and Federal Law No. 149-FZ of 27 July 2006 “On Information, Information Technologies and Information Protection”.

5.2. The Parties undertake to keep confidential the information received during performance of this Agreement and to take all possible measures to protect it against disclosure.

5.3. Confidential information means any information exchanged by the Service Provider and the Customer during performance of the Agreement that is subject to protection, subject to the exceptions stated below.

5.4. This information may be contained in internal regulations, agreements, letters, reports, analytical materials, research results, diagrams, charts, specifications and other documents supplied to the Service Provider in paper or electronic form.

6. Force majeure

6.1. The Parties are released from liability for failure to perform or improper performance of obligations under the Agreement where proper performance becomes impossible due to force majeure: extraordinary circumstances unavoidable under the conditions concerned, including prohibitory actions of authorities, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters.

6.2. If such circumstances arise, the affected Party must notify the other Party within 30 (thirty) working days.

6.3. A document issued by an authorised state authority is sufficient evidence of the existence and duration of force majeure circumstances.

6.4. If force majeure circumstances continue for more than 60 (sixty) working days, either Party may unilaterally withdraw from this Agreement.

7. Liability of the Parties

7.1. In the event of failure to perform and/or improper performance of obligations under the Agreement, the Parties are liable in accordance with this Offer.

7.2. The Service Provider is not liable for failure to perform and/or improper performance of obligations under the Agreement where it is caused by the Customer.

7.3. A Party that fails to perform or improperly performs its obligations under the Agreement must compensate the other Party for losses caused by those breaches.

8. Duration of this Offer

8.1. The Offer takes effect upon publication on the Service Provider’s Website and remains effective until withdrawn by the Service Provider.

8.2. The Service Provider reserves the right to amend the terms of the Offer and/or withdraw it at any time at its discretion. The Customer is informed of an amendment or withdrawal, at the Service Provider’s choice, by publication on the Service Provider’s Website, in the Customer’s account, or by a notice sent to the email or postal address provided by the Customer when entering into the Agreement or during its performance.

8.3. The Agreement takes effect when the Customer accepts the terms of the Offer and remains effective until the Parties have fully performed their obligations.

8.4. A new version of the Offer applies only to Agreements entered into after its publication on the Service Provider’s Website. Agreements entered into previously continue on the terms of the version accepted by the Customer when the Agreement was concluded.

9. Additional conditions

9.1. The Agreement, its conclusion and performance are governed by applicable legislation of the Russian Federation. All matters not addressed, or not fully addressed, in this Offer are governed by the substantive law of the Russian Federation.

9.2. If a dispute arises between the Parties during performance of their obligations under an Agreement entered into on the terms of this Offer, the Parties must seek to resolve it amicably before commencing court proceedings. Court proceedings are conducted under the legislation of the Russian Federation. Disputes or disagreements on which the Parties have not reached agreement are resolved under Russian law. A pre-trial dispute resolution procedure is mandatory.

9.3. The Parties have designated Russian as the language of the Agreement entered into on the terms of this Offer and of all interactions between the Parties, including correspondence, demands, notices, explanations and the provision of documents.

9.4. All documents to be provided under this Offer must be drawn up in Russian or accompanied by a Russian translation certified in the prescribed manner.

9.5. A Party’s inaction in the event of a breach of this Offer does not deprive that Party of the right to protect its interests later, and does not constitute a waiver of rights in the event of similar breaches by either Party in the future.

9.6. Any links on the Service Provider’s Website to other websites and third-party materials are provided solely for information. The Service Provider has no control over those websites or materials and is not liable for any losses or damage arising from the use of such links.

10. Service Provider’s details

Individual entrepreneur Denis Alekseevich Burdaev.

Taxpayer identification number (INN): 772576907482. State registration number (OGRNIP): 310774611001726.

Telephone: +7 (925) 010-48-75. Email: Burdaev@mail.ru, info@katermoscow.ru.