PUBLIC OFFER FOR
AT THE UTG PA BUSINESS AVIATION CENTER
Moscow May 12, 2023
This Offer is a public offer of UTG Private Aviation Limited Liability Company to enter into a service agreement at the UTG PA Business Aviation Center, located on the territory of Moscow Domodedovo Airport in accordance with Clause 2 of Article 437 of the Civil Code of the Russian Federation.
TERMS AND DEFINITIONS
Capitalized terms used in this Offer shall have the following meanings:
Offer Acceptance means full and unconditional acceptance of the Offer by performing the actions specified in Clause 2.1. of this Offer.
Airport means Moscow Domodedovo Airport;
Agreement means a service agreement entered into by means of the Offer Acceptance on the terms and conditions set out in this Offer.
Order means a duly executed order of the Customer for the Services listed on the Contractor's Website.
Contractor means UTG Private Aviation Limited Liability Company (UTG PA LLC).
Customer means a legally capable natural person who has the statutory right to enter into contractual relations for his/her own benefit or for the benefit of third parties.
Offer means this document, published on the official website of the Contractor.
Website means https://utgpa.com
Parties means collectively referred to as the Contractor and the Customer.
Services means services rendered at the BAC, as well as other additional services listed on the Website.
BAC is the UTG PA Business Aviation Center at the Airport.
- SUBJECT MATTER OF THE AGREEMENT
1.1. The Contractor shall render the Services to the Customer in the manner and on the terms set forth in this Offer, and the Customer shall pay for the Services rendered by the Contractor.
1.2.The list of possible Services shall be specified on the Website.
1.3. The specific list of Services to be provided to the Customer shall be determined on the basis of the placed and paid Order.
1.4. The Contractor may engage third parties to provide the Services without the Customer's consent.
- Agreement Execution Procedure
2.1. The Agreement between the Parties shall be entered into by way of the Offer Acceptance by the Customer. The Offer Acceptance is a set of Customer's actions taken to place an Order at the Website and pay for the selected Services in accordance with the terms and conditions provided for in Section 6 of this Offer. The Customer's actions described herein shall constitute full and unconditional acceptance of the terms and conditions of this Offer.
- ORDER PROCEDURE
3.1. Before placing an Order, the Customer shall review the list of Services that may be provided by the Contractor and their cost on the Website.
3.2. When placing an Order, the Customer shall select the appropriate Service to be provided, specify the date and time thereof, as well as other information, including personal data, following the process of placing the Order on the Website. Orders may be placed on the Website at least three hours before the time of departure/arrival of the flight. Ordering less than three hours before the departure/arrival time of the flight may be made by phone: +7 (495) 967-82-12. In this case the Contractor retains the right to refuse to render the Services. If the information required when placing the Order is not entered correctly and the personal data are not provided, the Contractor shall not be able to fulfill its obligations under the Agreement.
3.3. For the purposes of concluding the Agreement under the terms and conditions of this Offer, as well as for the proper performance by the Contractor of the concluded Agreement, the Customer gives consent to the Contractor to process his/her personal data, as provided by the Customer to the Contractor when placing the Order. The Customer acknowledges and agrees that for the purposes of the conclusion and execution of the Agreement, the Customer's personal data may be transferred by the Contractor to third parties on a confidential basis. The Customer shall be solely responsible for the content and accuracy of the personal data provided when placing an Order.
3.4. When placing an Order, the Customer shall ensure that the personal data entered by the Customer, as well as other information required when placing the Order, is complete and accurate, and shall confirm that all actions to be performed using this data to fulfill the terms and conditions of this Offer are performed by him/her personally or with his/her consent. The Customer equally confirms the accuracy of the data he/she enters for other persons in the name of which an Order may be placed. The Customer acknowledges and accepts full responsibility for the accuracy, completeness and reliability of the data entered by him/her.
3.5. Changes in the Customer's personal data, as well as other information required when placing an Order, may be made provided that the previously placed Order is cancelled and a new Order is placed. The Customer shall bear all risks arising out of his/her wrongful acts in making errors and inaccuracies in personal data, including: placing a new Order, changing the time and date of the Order, refunding money, etc.
3.6. After the Order is placed and paid for by the Customer in accordance with the terms and conditions provided for herein, a confirmation message will be sent to the Customer's email address specified when placing the Order.
3.7. The Services shall be rendered by the Contractor provided that the Customer has paid for placed Order in full.
- CANCELLATION PROCEDURE.
4.1. If the Customer needs to cancel a paid Order, the Customer must send a cancellation notice to the Contractor's e-mail address email@example.com, or contact the Contractor by phone: +7 (495) 967-82-12.
After receiving an e-mail from the Customer, sent from the e-mail address specified when placing the Order, or after receiving information from the Customer about the cancellation of the Order via a telephone call, the Contractor shall send a refund application form to the Customer. The Customer shall duly execute and submit to the Contractor a refund application using the e-mail address of the Contractor specified herein.
4.2. The cost of the paid Services shall be fully refunded to the Customer if a cancellation notice is received by the Contractor at least two hours prior to the flight departure/arrival as specified by the Customer when placing the Order.
4.3.The cost of the paid Services shall be refunded in the amount of 50%, if the cancellation notice is received by the Contractor:
- in relation to the Services upon flight arrival - less than 2 hours, but not later than 60 minutes before the arrival of the declared flight;
- in relation to the Services upon flight departure - less than 2 hours before the flight departure time, but no later than 60 minutes before the flight departure time for the declared flight;
4.4. The cost of the paid Services shall not be refunded if: the cancellation notice has been received by the Contractor:
- in relation to the Services upon the flight arrival - less than 60 minutes before the flight arrival time;
- in relation to the Services upon the flight departure - less than 60 minutes before the flight departure time;
- at any time after the flight departure/arrival.
4.5. The refund will be made by the Contractor within three (3) working days from the date of receipt of the refund application by the Contractor. The period of funds receipt shall depend on the time of processing the request by the Customer's bank, but may not exceed thirty (30) days.
- SERVICE DELIVERY PROCEDURE AND TIME
5.1. Services under the Agreement shall be provided at the BAC on the date and time specified by the Customer in the Order.
5.2. The Customer may review Service Procedures on the Website or by phone +7 (495) 967-82-12.
- COST OF SERVICES AND PAYMENT PROCEDURE
6.1. The cost of the Services shall be determined as per the Contractor's rates published on the Website in accordance with the placed Order.
6.2. The Customer shall pay for the Services using the online payment system on the Website.
6.3. The Customer shall be solely responsible for any commission expenses related to payment for the Contractor's Services, as well as for the accuracy of payments made by him/her and completing the necessary payment forms.
- LIABILITY OF THE PARTIES
7.1. The Parties shall be liable for non-performance or improper performance of obligations under this Offer in accordance with the applicable laws of the Russian Federation.
7.2. The Contractor shall not be liable for negative consequences and losses, and the cost of the Services shall not be refundable if the Contractor is unable to provide the Services or provide the Services in full as a result of events and circumstances beyond its competence, as well as for the actions (omissions) of third parties, including but not limited to:
- inability to perform the accepted obligations due to inaccuracy, incompleteness and delays in providing information and documents submitted by the Customer, or the Customer's violation of the terms and conditions of this Offer or requirements for the documents to be provided;
- restrictions on the Customer's right to leave/enter from/into the Russian Federation imposed by the competent authorities;
- consequences of violation by the Customer of customs and border formalities, travel and baggage regulations, as well as violations of special rules of conduct in the country of temporary residence;
- the Customer's failure to show up or being late for flight check-in;
- the Customer's failure to comply with the rules of conduct on board the aircraft as set out by the carrier;
- the Customer's failure to meet Contractor’s staff on the arrival of the flight;
- non-arrival of the Customer on the flight specified in the Order.
- FORCE MAJEURE
8.1. The Parties shall be not held liable for any failure to fulfill their obligations hereunder in full or in part, if such failure was caused by force majeure, that the Parties could not have foreseen and prevented. Such extraordinary events include: flood, fire, earthquake, explosion, land subsidence, epidemic, pandemic and other natural phenomena, war or military actions, blockade, prohibition of exports or imports, industrial or regional strikes, adoption by a public authority or management body of a decision that made it impossible to fulfill obligations under this Offer. The occurrence of these events shall be supported by the resolutions of the authorized bodies.
8.2. The affected Party shall notify the other Party within five (5) business days of the occurrence of the events specified in clause 8.1. of the Offer. Failure to notify of these events deprives the Parties of the right to refer thereto and does not exempt from liability under this Offer.
8.3. The period of performance of obligations shall be extended for the duration of the events specified in Clause 8.1. of the Offer.
8.4.If the force majeure and its consequences continue for more than fifteen (15) business days, the Parties may unilaterally withdraw from performance of obligations under this Offer.
- APPLICABLE LAW AND DISPUTE RESOLUTION PROCEDURE
9.1. The relations of the Parties shall be governed by the laws of the Russian Federation.
9.2.All disputes arising between the Parties hereunder shall be resolved through negotiation following the mandatory extra-judicial dispute resolution procedure. The period for sending a substantive response to the claim shall be ten (10) working days from the date of receipt of the claim.
9.3. If the Parties fail to reach an agreement, the dispute shall be resolved in the manner prescribed by the laws of the Russian Federation.
- DURATION, AMENDMENT AND TERMINATION OF THE AGREEMENT
10.1. The Agreement shall take effect on the date of the Offer Acceptance by the Customer in accordance with the terms and conditions of this Offer and shall remain in force until the Contractor performs its obligations to render the Services.
10.2. This Offer shall be deemed to be the underlying document governing the relations of the Parties. Offer Acceptance means understanding and full acceptance of all terms and conditions of the Offer by the Customer.
10.3.The Contractor may at any time unilaterally amend the terms and conditions of this Offer by publishing the Offer on the Website. The amended Offer shall be effective from the date of its publication on the Website.
10.4. The Contractor shall be entitled to revoke the Offer at any time by publishing the relevant information on the Website. However, revocation of the Offer shall not constitute the basis for the Contractor's withdrawal from its obligations under the existing agreements.
10.5.The Contractor may terminate the Agreement at any time for any reason or no reason, as a result of restrictions imposed by state regulatory and supervisory authorities and/or law enforcement agencies.
- ADDRESS, DETAILS AND SIGNATURE OF THE CONTRACTOR
UTG PA LLC
2 Odesskaya St., 18th Floor, Room 25, Moscow, 117638
2 Odesskaya St., 18th Floor, Room 25, Moscow, 117638
Primary State Registration Number (OGRN):
Taxpayer Identification Number (INN) / Tax Registration Reason Code (KPP)