Travel Contract Agreement
SAYHELLO TRAVEL, hereinafter referred to as the "Organizer", on the one hand, and any person who accepts this offer on the conditions specified below, hereinafter referred to as the "Customer", on the other hand, together referred to as the Parties, have concluded this agreement on the following.
1. General provisions
1.1. The terms of this Agreement are a public offer of the Organizer to an unlimited number of consumers (tourists) interested in purchasing tourist services from the Organizer on the terms specified in this Agreement. This agreement is presented on the official website of the Organizer www.sayhello.travel
1.2. This agreement is considered concluded from the moment of its acceptance by the Customer and is valid until the parties fulfill all their obligations under this Agreement. The acceptance of this public offer and its acceptance give rise to obligations for the Parties, regardless of its signing by the Parties. This Agreement has legal force in accordance with the law of RF and is equivalent to the agreement signed by the parties.
1.3. This Agreement is a contract of accession. The fact confirming the acceptance of the conditions set out below and the acceptance of this public offer is the order of services and their subsequent payment (acceptance of the offer is equivalent to the conclusion of a contract on the terms set out in the offer). This Agreement is a multilateral transaction consisting of an accepted public offer and its integral parts in the form of descriptions of tours, messages, lists of necessary equipment, etc., posted on the website www.sayhello.travel and/or sent to the customer by e-mail, messengers and/or transmitted to the customer in printed form.
1.4. Upon receipt of the request for booking tourist services, all information provided in the application and in the confirmation is the basis of the contract between the Organizer and the Customer. At the same time, any person specified in the payment document on whose behalf the payment was made under this Agreement (the payer) is considered to be a Customer (a party to the Agreement), and if the payment was made for a third party (and this follows from the payment or other official document), then the Customer under this Agreement is the person for whom the payment was made payment.
2. Subject of the contract
2.1. In accordance with this Agreement, the Organizer undertakes to organize and sell tourist services to the Customer (hereinafter referred to as the Tour), and the Customer undertakes to pay for the Tour.
2.2. If the Customer acts on behalf of and in the interests of other persons (hereinafter referred to as tourists), the list of these persons is provided in the booking confirmation.
2.3. The Organizer conducts the Tour based on the program contained on the website www.sayhello.travel
3. Contract price and payment procedure
3.1. The total price of the Tour is indicated in the booking confirmation. Settlements between the Parties are made in dollars or euros. If the price of the tour is indicated in a currency, then the cost of the Tour in dollars or euros is determined at the exchange rate on the date of the invoice.
3.2. The Customer makes a prepayment to the Organizer in the amount of at least 10 percent of the total price of the Tour within 1 (one) day from the date of receipt of the Booking Confirmation and/or invoice for payment. The remaining amount of no more than 90 percent of the total price of the Tour is paid at the venue of the Tour.
3.3. The order, amount and terms of payment may be specified by the Organizer in this public offer and/or in the description of the Tour posted on the website www.sayhello.travel , and/or sent to the customer by e-mail, messengers and/or transmitted to the customer in printed form.
3.4. If the payment procedure and terms specified in this offer or in the Tour description differ from the payment procedure and terms specified in the booking confirmation, the parties are guided by the payment procedure and terms specified in the booking confirmation.
4. Rights, obligations and responsibilities of the Parties, the procedure for the implementation of the Tour
4.1. The Organizer is obliged to:
- book a tour selected and selected by the Customer;
- organize a tour according to the program on the website www.sayhello.travel;
- provide the Customer with the necessary information about the Tour in the form of Tour descriptions, oral consultations, a list of necessary equipment, the possibility of obtaining equipment for rent, etc., posted on www.sayhello.travel , as well as provided via other electronic communication channels, including by e-mail;
4.2. The Organizer has the right to:
- in case of violation by the Customer of the terms of payment under this agreement, cancel the booking of the Tour with withholding penalties from the Customer in the amount of 10 percent of the total cost of the tour in accordance with this agreement as for the Customer's unilateral refusal of the Tour;
- In case of unforeseen introduction of new or increase in existing taxes and fees and (or) a sharp change in the exchange rate of national currencies (by more than 20% compared to the current ones at the time of booking the tour), the Organizer has the right to demand changes in the terms of payment for the tour by recalculating the cost of services by invoicing the Customer for additional payment of the difference in the cost of services. In case of non-payment of this invoice by the Customer within 5 (five) working days from the date of its receipt, this Agreement is considered terminated from the next day after the Customer fails to fulfill the obligations to pay the invoice for the additional cost of services. In this case, the Organizer must return the deposited funds to the Customer minus the actual expenses incurred by the Organizer for organizing the tour.
The condition stipulated by paragraph 2 of clause 4.2. of this Agreement;
- adjust the locations, route and schedule of movement on the spot, based on weather and transport conditions, the preparedness of the group, the actions of third parties and other circumstances. The final decision on changing the route or timetable is made by the instructor of a specific program.
4.3. The Customer has the right to:
- terminate the Contract unilaterally without explanation, with the application of penalties in accordance with this agreement.
4.4. The Customer is obliged to:
- make payment in accordance with the terms of this agreement;
- provide the Organizer with the documents necessary for the execution of this agreement, in proper condition and in accordance with the requirements of the legislation of the state of the tour and provide the information requested by the Organizer;
- observe the safety rules on the route, the rules of driving vehicles, the rules of behavior on the water, as well as the obligation to follow the instructions of instructors - representatives of the Organizer;
- to warn about the presence or absence of diseases that prevent the transfer of normal loads for this type of tour;
- to get acquainted with the information provided by the Organizer on the website www.sayhello.travel , as well as provided via other electronic communication channels, including by e-mail.
4.5. The Customer is warned that the Organizer is not responsible for the disruption of the trip due to the provision by the Customer of false information and /or false or incorrectly executed documents necessary for the trip.
4.6. In case of refusal to issue an entry visa by the embassy or consulate of the country of temporary stay, as well as the delay in its issuance, compensation for the actual costs incurred by the Customer in this regard, the Customer independently bears the costs incurred as a result of refusal to issue an entry visa or delay in its issuance.
4.7. The Organizer is not responsible for the Customer's refusal from the Tour due to illness, changes in vacation conditions and other circumstances that objectively make it impossible for the Customer to leave according to the Tour program. In the absence of travel risk insurance, the Customer independently bears the costs incurred as a result of the cancellation of the Tour, including penalties in accordance with this agreement.
4.8. The Customer gives his consent to the processing and transfer of his personal data to third parties (representatives of the Organizer, instructor, carriers, staff of accommodation facilities, etc.) for the execution of the contract (including for the purposes of issuing visas, travel documents, booking hotels, ferries, etc.).
4.9. Weather conditions cannot be the reason for the Customer's refusal to fulfill this agreement, provided that the safety of tourists, usually used in the implementation of such Tours, is ensured.
4.10. In case of non-fulfillment and/or improper fulfillment by the Customer of obligations under this agreement, including obligations to provide timely information, the Organizer has the right to regard this fact as the Customer's unilateral refusal to fulfill this agreement, or as the inability to fulfill the contract due to the Customer's fault with the application of consequences established by the legislation of Georgia and this Agreement.
4.11. Amendments to this Agreement may be made by signing an additional agreement.
5. The procedure for the provision of services
5.1. The Customer selects the Tour independently on the website www.sayhello.travel or with the help of the Organizer's employees. After choosing a Tour, the Customer leaves a request for a Tour on the website using an e-mail and a contact phone number.
5.2. The Organizer informs the Customer about the possibility of booking and paying for the Tour by sending a confirmation to the Customer and issues an invoice to the Customer for payment.
5.3. The Customer makes the payment in accordance with the procedure and terms in accordance with the terms of this Agreement.
6. Validity period and termination procedure of this Agreement
6.1. This agreement, being a public offer of the Organizer, comes into force from the moment of its acceptance and is valid until the Parties fully fulfill their obligations under this Agreement.
6.2. The Contract may be terminated by the Customer at any time without explaining the reasons for termination by sending a notice of termination in free written form to the Organizer. In this case, the amount paid by the Customer is refunded to the Customer, minus the expenses actually incurred by the Organizer related to the provision of tourist services to the Customer, as well as the amount of the fine. The Customer's application for amendment or termination of the contract is recognized as duly sent to the Organizer if they were received by means of communication to the address specified in the details of this Contract and the customer confirmed receipt of this Application.
6.3. For termination of the contract / cancellation of the reservation at the initiative of the Customer, the Organizer sets the following penalties.
6.3.1. For all Tours:
- Free cancellation of reservations more than 30 calendar days before the start date of the tour;
- 20 % of the cost of the Tour in case of cancellation in the period from 29 to 15 calendar days inclusive before the start date of the tour;
- 50% of the cost of the Tour in case of refusal in the period from 14 to 8 calendar days inclusive before the start of the tour;
- 80% of the cost of the Tour in case of refusal in the period of 7 or less calendar days before the start of the tour.
6.4. The Agreement cannot be terminated by the Organizer at any time due to a shortage of the group. The organizer provides and pays for the costs of organizing the Tour, regardless of the number of group members in the Tour.
7. Dispute resolution procedure
7.1. In case of non-provision or improper provision of services, the Customer has the right to submit a written complaint to the Organizer within 10 calendar days from the date of expiration of this agreement, who is obliged to give an official response to it within 15 working days.
7.2. If disagreements are not resolved through negotiations, the dispute is subject to consideration in court at the location of the Organizer's headquarters.
8. Details of the Organizer
Organizer: SAYHELLO TRAVEL
Legal address: 01, IFZA BLDG DUBAI SILICON OASIS
Identification Number: 104195010400001 (corporate tax)
License number: 25976
Bank: Emirates Islamic PJSC, P.O. BOX 6564, Dubai, UAE
E-mail: mail@sayhello.travel