CONTRACT on the provision of the complex tourism services №STH16064AW
Associated persons
Legal status
Name/ name, family name
Tour agent:
LLC
Музенидис_Рига
Tour оperator: LLC
"Mouzenidis Travel - Riga",
SIA
Unified registration No./ Personal number
Registration number with TATO
database
Rep.Position
Name, family name
Acting pursuant to
Jekatrina Solovjova
Articles of Association
travel agent
4010360871
2013-6
Customer
Chair of the Board
Further on referred to as
Agent
Operator
Customer
The Agent who is acting on behalf of the Operator pursuant to the contract №as of on the one side, and the Customer, on the other
side, further on in the text together or separately referred to as the Parties or the Party, while complying with the valid standard
acts and legislation of the Republic of Latvia and the standard acts and legislation it is bound by, upon the mutual agreement, being
aware of the legal significance and consequences of their acts and actions, having expressed their free will, without guile, delusion
and coercion discussed and made the present contract which is binding to the lawful and/ or contractual, and/ or legal successors of
the Parties, and/ or authorized and/ or reauthorized persons of the Parties, on the following (further on in the text referred to as the
Contract):
1. TERMS USED
With the purpose of simplifying the provisions of the present transaction, of making them clear and obvious, the main text of the
present Contract defines the Contract as the legal transaction as well as explains other terms used. The terms are stressed in bold
while the initials of the words and phrases are capitalized. The main text of the Contract and other Integral constituent parts of the
Contract may contain the explanations of other terms as well. The terms are mostly explained in accordance with the understanding
of the standard acts and legislation of the Republic of Latvia and the standard acts and legislation it is bound by.
Contract All the mutual agreements of the Parties, the main text of the present contract and the aggregate of all the Integral
constituent parts.
Integral constituent parts Any documents, information, their parts with all the further amendments, additions or revisions of the
Parties which touch upon the legal relationship of the Parties within the framework of the subject of the contract (the lawful
transaction). These are deemed to include though not limited to the written appendices to the contract and/ or supplements, and/ or
amendments, and other appendices, applications, notifications, notices, acts, references, questionnaires, pricelists, publicly available
information and other documents and information of various kind and form.
Service Acts and actions and/ or abstinence from acts and actions, and/ or the rights with the specific result as described in the
Integral constituent parts of the Contract.
Additional service Other and additional acts and actions and/ or abstinence from such acts and actions, and/ or the rights with the
specific result which are explicitly or implicitly associated with the Service as well as other service upon the order (demand) of the
Customer as described in the Integral constituent parts of the Contract.
Auxiliary service Service and/ or Additional service provided by the third parties except for the Operator.
Services Services and/ or Additional services and/ or Auxiliary services.
Contract price Fee for the Services calculated in accordance with certain Integral constituent parts of the present Contract.
Payments Any payments made by the Parties or envisaged to be paid in cash within the framework of the Contract and standard
acts and legislation of the Republic of Latvia and the standard acts and legislation it is bound.
Violation Failure to comply and/ or failure to execute, and/ or an undue execution (in full or partially), and/ or delay in the execution
etc. of any provisions of the Contract.
Force majeure conditions Including though not limited to natural disasters, fire accidents, floods, storms, snowstorms, earthquakes,
war, mass riots, warfare, industrial action, legal acts and/ or individual binding decrees of prohibitive and other nature, deeds by the
state authority, government, administration, judiciary as well as any other circumstance of an extraordinary nature which the Parties
could have neither foreseen nor prevented, nor affected, nor controlled having acted with a due care.
Particular provisions The provisions of the Contract and provisions for its execution which bear priority over the similar (by the
contents) provisions and provisions for the execution, that is, these are being met first and foremost with the remaining ones to
follow. Their description and essence are provided in the relevant Integral constituent part of the Contract.
Guarantee of the Customer’s deposit paid Refund of the Customer’s Contract price paid and the transfer of the Tourist to the country
where the travel originated from (unless the Contract and/ or its Integral constituent parts provide for some other country) when
prior to the announcement of the insolvency procedure the Operator is incapable of meeting fully or partially the contractual
obligations towards the Customer or when due to the insolvency of the Operator the execution of the Service program to be
provided by the Operator as shown in the Contract and/ or the Integral constituent parts of it is deemed to be impossible. The
description of the Guarantee of the Customer’s deposit paid and the procedure to avail of such a guarantee is stipulated in the
Integral constituent parts of the Contract.
Service program List of Services and their description, and other relevant information which the Agent provides to the Customer
prior to the conclusion of the Contract and which contains the information required by the standard acts and legislation of the
Republic of Latvia and the standard acts and legislation it is bound by as well as other information the Customer requires when
ordering and using the Services. The list of the aforementioned Services and their description constitute the Integral constituent part
of the Contract.
Tourist Customer and/ or other persons travelling
2. GENERAL PROVISIONS
2.1. The rights, duties and liability of the Parties are stipulated by the explicit provisions of the present Contract and the ensuing
provisions hereunder (including though not limited to the claims by the third parties that provide the Services), and in the course of
the execution of these provisions and the settlement of issues the Parties follow the standard acts and legislation of the Republic of
Latvia and the international standard acts and legislation it is bound by.
2.2. The explicit provisions of the present Contract and the ensuing provisions are binding to the lawful and/ or contractual, and/ or
legal successors of the Parties. Besides, the volume of the guarantee offered may not be reduced unless the Parties agree otherwise
in written.
3. ASSERTIONS of the Parties
3.1. Each Party confirms that it is entitled to and authorized to enter into the present Contract, that it does have and over the
period of the validity of the Contract will have all the necessary licenses and permits that may be required to duly execute the
provisions of the Contract.
3.2. The Agent corroborates that the Operator has provided the Guarantee for the Customer’s deposit paid.
3.3. The Customer agrees and confirms that:
3.3.1. prior to the conclusion of the Contract and prior to the provision of the Services he has in a comprehensive manner (including
though not limited to the publicly available manner: information catalogue, booklets, webpage etc.) received and passed other for
the knowledge of other Tourists (if any pursuant to the present Contract):
1) the main text of the Contract including all the Integral constituent parts;
2) other information in accordance with the requirements of the standard acts and legislation of the Republic of Latvia and the
standard acts and legislation it is bound by.
3.3.2. all the information received earlier and the provisions of the Contract and the Integral constituent parts are clear and
comprehensible, the Parties have discussed these among themselves, agree to them, are aware of them and neither have nor ever
will have any objections in this regard;
3.3.3. he recognizes that the Payments associated with the present Contract and/ or ensuing from it now and in the future
represent the true value, remain mutually advantageous, and undertakes to forgo raising any objections in this regard as well as
forgoes raising any claims against the other Party on the cancellation of the Contract or the change of the size of the Payment also
for the reasons of disproportionate losses;
3.3.4. does not employ the Services for commercial purposes including for the purposes of profiting and the purposes associated
with one’s business or professional endeavors;
3.3.5. would like to receive the invoices on the Payments and other information in an electronic format to the electronic mail
address as shown in the present Contract.
3.3.6. All the information and data provided to the Agent and not just the Agent are true and correct.
4. SUBJECT of the Contract
The Customer orders, and the Agent within the scope of one’s own and/ or Operator’s, and/ or third party’s capacities on the
commission of the Operator provides the Customer with the Services produced by the Operator while the Customer settles accounts
with the Agent.
5. RIGHTS AND OBLIGATIONS of the Parties
5.1. Each Party undertakes to forward the correspondence to the other Party to the address (or the electronic mail address) of each
Party as shown in the present Contract unless otherwise stipulated by the Contract. Each Party undertakes to be available at the
address shown and to accept the correspondence delivered.
5.2. Rights and duties of the Agent:
5.2.1. the Agent undertakes to make the reservations for the Services
5.2.2. not later than 1 (one) calendar day prior to the departure at the location of the Agent or 3 (three) hours prior to the
departure at the location of the departure the Agent undertakes to transfer with the Customer the documents that corroborate the
rights of the Tourists to use the Services. From the moment the aforementioned documents have been transferred to the Customer
it is deemed that the Agent has provided the Service
5.3. Rights and duties of the Customer:
5.3.1. the Customer undertakes to act in a way as to avoid explicitly or implicitly violating the interests of the Operator and/ or the
Agent, and/ or causing the Operator and/ or the Agent negative consequences, and/ or worsening the image of the Operator and/ or
the Agent and/ or the customer trust in them etc., especially when such acts and actions might result in any losses and/ or expenses
to be incurred by the Operator and/ or the Agent;
5.3.2. the Customer undertakes to file with the Agent in written or by other means of communication an application on the
reception of the desirable Services having provided a clear description, characteristics and qualities of the Services required;
5.3.3. the Customer undertakes all the contingency risks in the course of the use of the Services and execution of one’s obligations;
5.3.4. the Customer undertakes to provide the Agent with the confirmation of the reservation of the Services;
5.3.5. while using the Services and undertaking the contingency risks the Customer undertakes to abstain from acts and actions
that may directly and/ or indirectly cause any losses and/ or unforeseen expenses to the incurred by the Operator and/ or the Agent,
and/ or any third party;
5.3.6. not later than within 5 (five) business days after the conclusion of the Contract the Customer undertakes to provide the
Operator/ Agent the set of the necessary documents;
5.3.7. the Customer undertakes to cover the expenses intended for the payment at the location of the reception of the Services
which have not been included in the Contract price and/ or which the Customer has not paid to the Agent. In a case when the
Customer has not settled the accounts at the location of the provisions of the Services, it is the duty of the Customer to reimburse
these expenses to the Operator and/ or the Agent;
5.3.8. the Customer undertakes to provide the Agent with the precise information (the actual address of the residence, contact
phone numbers, electronic mail address etc.) necessary for the fast communication with the Customer;
5.3.9. the Customer undertakes to provide the Agent with the information on the conditions that might thwart the Tourists to travel
including though not limited to the following:
1) various kinds of diseases and association contraindications (for example, as regards different means of transportation, change of
climate, peculiarities of local cuisine, use of medicines etc.);
2) if in the past there have been any conflict situations with the government administration offices including the ban to enter a
certain country or a group of countries, or a ban (restriction) to leave the Republic of Latvia;
3) if the Tourist requires a special permit or clearance, for example, a consent for the child’s travel out of the Republic of Latvia,
child’ s passport, entry of the child’s data with the parent’s passport, permit to export and/ or import firearms, animals, works of art
etc.;
5.3.10. the Customer undertakes to learn from the Agent the precise information on the timetable for the means of transportation,
the location and time the group meets not later than 1 (one) calendar day prior to the beginning of the travel.
5.3.11. the Customer undertakes to receive the travel documents prior to the start of the travel at the Agent’s location (the actual
address) or 3 (three) hours before the departure at the point of departure from the Agent’s representative.
6. SIZE OF THE FEE, COMPENSATIONS, PENALTIES AS WELL AS OTHER PAYMENTS,
PROCEDURE OF APPLICATION AND PAYMENT
6.1. The Customer pays the Agent the Contract price pursuant to the procedure and of the amount as stipulated in the Integral
constituent parts of the Contract and/ or on the basis of the invoices issued by the Agent and/ or the present Contract.
6.2. Any Payments by the Parties are made by the transfer to the current account of the relevant Party’s bank as shown or will be
shown in the present Contract. The Customer may make the payment in cash as well.
6.3. The Payments by the Customer are deemed to have been received the moment the sums of the Payment or the portions of it
as stipulated by the present Contract have been transferred into the current account of the Agent’s bank or into cash in full amount
as verified by the entry made by the bank or the Agent’s cashier’s office.
6.4. The payment of the penalty applied to the Customer and the reimbursement of any losses and/ or expenses do not release the
Customer from the due execution of other obligations and duties as stipulated by the present Contract and/ or ensuing from it in full
amount.
6.5. The size of the compensation of the losses and/ or expenses of the Operator and/ or the Agent will be determined as the case
may be while taking into account the actual (current) and/ or expected amount of the losses and/ or profits, and/ or costs of the
Operator and/ or the Agent. Any current or expected fines, taxes, duties and the like are deemed to be the losses.
7. Force majeure conditions
Upon the arrival of the force majeure conditions, unless the Parties agree otherwise in written, the deadline for the execution of the
relevant commitment is extended by the period of time when the aforementioned conditions or their negative consequences remain
in effect.
8. LIABILITY of the Parties
8.1. The Operator bears no liability and would not reimburse the losses and/ or expenses incurred by the Customer which have
arisen as the result of the conditions out of the control and influence of the Operator. These conditions are deemed to include though
are not limited to the following: 1) a case when the Customer has provided false, insufficient and/ or untimely data and documents
required for the execution of the Contract; 2) a case other Tourists of the trip have no information as to what the Agent has
provided the Customer with pursuant to the present Contract; 3) a case when the Tourist fails to comply with the regulations of the
temporary stay, entry into the country, healthcare etc.; 4) a case when the timetable of the means of transportation has been
cancelled or changed; 5) a case when the Tourist’s luggage, valuables and documents have been lost, stolen during the travel; 6) a
case when the qualities of the Services have been altered regardless of whether the Services are included into the Contract price or
not as well as whether they are payable for or not at the location of the reception of the Services (for example, the transportation,
catering, excursion programs, transfers and other Services).
8.2. The carrier bears the liability for the losses incurred by the Customer as the result of the cancellation of the traffic of the means
of transportation or the changes introduced into the timetable pursuant to the standard acts and legislation of the Republic of Latvia
and the international standard acts and legislation it is bound by.
9. PROCEDURE TO SETTLE DISAGREEMENTS AND DISPUTES
9.1. In a case of disagreements as regards the priorities for the validity of the texts the Parties are to take into an account the
following:
9.1.1. in a case of an orally expressed text and one made in written, the latter would prevail.
9.1.2. in a case of several texts made in written, the text made in written and subscribed to electronically or by the hand would
prevail.
9.1.3. in a case of several written texts subscribed to, the text signed by both Parties would prevail.
9.2. In a case of disputes associated with the Contract, its interpretation or execution the Parties are to do all and everything
possible to settle these and do settle these by the way of the negotiations. When no agreement can be reached by the way of the
negotiations within 1 (one) month from the moment the other Party has been notified thereof for the first time, all the disputes are
first of all transferred for the examination by the competent office which supervises the relevant issues. When the dispute cannot be
settled, it is to be transferred for the court hearing in accordance with the standard acts and legislation of the Republic of Latvia.
9.3. It is the duty of the Customer to first of all apply with a complaint, claim (mandatory in written) to the Agent (the office) within
20 (twenty) calendar days from the day the travel has ended and do all and everything in order to solve the dispute by the way of
the settlement. When no agreement is reached with the Agent, it is the duty of the Customer to apply to the Operator (the office). It
is the duty of the Customer to enclose with any claim the copy of the Contract and the copies of the documents that corroborate the
losses incurred by the Customer having presented the originals that confirm and prove the arrival of real and actual direct losses
incurred by the Customer as the result of the Violations of the commitments by the Operator and/ or Agent as stipulated by the
Contract. The Operator and/ or the Agent reviews one claim on its merits within 20 (twenty) business days and notifies the
Customer on the decision taken.
9.4. In a case of contradictions between the Particular provisions of the Contract and other similar (by contents) provisions and/ or
conditions, the present Particular provisions prevail and have a higher legal effect.
9.5. The Parties settle the issues which are not governed by the present Contract pursuant to the standard acts and legislation of
the Republic of Latvia and the standard acts and legislation it is bound by.
9.6. The Customer may file the claim on the non-compliance of the Service with the provisions of the Contract within two years
from the day the Service has been received, initially addressing it to the Agent. When the claim is not being satisfied, the Customer
files it with the Operator without exceeding the deadline of two years.
10. VALIDITY, AMENDMENTS to the Contract and CONDITIONS FOR TERMINATION
10.1. The Contract comes into effect the moment it is subscribed to and is being concluded until the execution of the obligations,
that is, until the moment the Agent has transferred to the Customer the documents that confirm the Tourist’s rights for the use of
the Services.
10.2. In a case when some third party takes over some of the rights and/ or duties of any of the Party to the Contract, the relevant
Party has the duty to notify the legal successor of the existence of the present Contract and to introduce the latter with the text,
provisions and consequences of the present Contract.
10.3. When any of the provisions of the present Contract become invalid or are invalid due to their non-compliance with the
standard acts and legislation of the Republic of Latvia, this does not affect the validity of the remaining provisions of the Contract.
10.4. The present Contract can be terminated at any time in accordance with the standard acts and legislation of the Republic of
Latvia and the standard acts and legislation it is bound by.
10.5. The Customer may terminate the Contract at any time while complying with the provisions of the Payments having notified
the Agent in written and having reimburses the Agent and/ or Operator the actual costs incurred by the latter.
11. FINAL PROVISIONS
11.1. The titles of the items, parts, chapters, subsections etc. of the present Contract are employed for the convenient clearness of
the Contract only, and they cannot be used to translate or interpret the Contract.
11.2. The Contract is made on 3 (three) pages in Latvian language and subscribed to in 2 (two) identical copies of an equal legal
effect. Upon the signing of all the copies of the Contract one copy of the Contract is being issued with each Party.
Service program on the provision of complex tourism services №STH16064AW
№
1
2
3
Surname, Name
Accommodation reservation
Country
City
Date
from
Date of birth
Passport No
Hotel
Number
of nights
Comfort
description
Itinerary
Date
till
Date of expiration
Room type
Meal
Number
of people
Greece
Airplane ticket reservation
Flight
Departure Departure
time
number
date
Arrival
date
Arrival
time
Number
of people
Airport
Y
Y
Transfer:
Date
Itinerary
Number
of people
Transport
Insurance:
Date
Name
Days
In accordance with the Service program the total and final Contract price is set as follows:
Price
Discount
Currency
Any currency conversion takes into account the currency exchange rate as set by the Bank of Latvia, 1 EUR = 0.702804 LVL
Service price payment rules:
Advance
Currency
EURO
LVL
Advance payment deadline
Full Payment
Number
of people
Agent:
______________________________________
(
)
Customer:
____________________________________
(
)
ADDITIONAL AGREEMENT
The Agent who is acting on behalf of the Operator pursuant to the contract №as of on the one side, and the Customer, on the other
side, further on in the text together or separately referred to as the Parties or the Party, while complying with the valid standard
acts and legislation of the Republic of Latvia and the standard acts and legislation it is bound by, upon the mutual agreement, being
aware of the legal significance and consequences of their acts and actions, having expressed their free will, without guile, delusion
and coercion discussed and made the present appendix as the agreement which is binding to the lawful and/ or contractual, and/ or
legal successors of the Parties, and/ or authorized and/ or reauthorized persons of the Parties, on the following (further on in the
text referred to as the Appendix):
1) The Parties verify the following:
1.1 the Agent and the Customer on
03.04.2014
,entered into the contract NoSTH16064AW, further on
in the text referred to as the Contract;
1.2 they are clearly aware of and understand the explanation of the concept of the Contract as the legal transaction as defined by
the Contract as well as of the other terms used and their explanations. The terms are stressed in bold with the initial letters of the
words and phrases capitalized.
2) The present Appendix corroborates the agreement of the Parties on the following, further on in the text referred to as the
Agreement:
2.1 The GENERAL OVERVIEW of the Services and GENERAL AND BASIC REGULATIONS for their provision:
2.1.1 Service: the organization of the provision of the tourism service and production of information on the country of destination
chosen.
2.1.2 Time for the provision of the Service: from the moment the Contract is subscribed to until the moment the Agent has
transferred with the Customer the documents which verify the Tourist’s rights for the use of the Service.
2.1.3 Additional services may be as follows: transportation, transfer, accommodation and catering services, medical insurance
services, assistance with the processing of an entry visa, other services.
2.1.4 One has to make a reservation for the Additional services and receive the confirmation from the third parties that provide the
aforementioned services.
2.2 Contract price, GENERAL AND BASIC REGULATIONS for its CALCULATION, PAYMENT
2.2.1 The payment of the Contract price can be effected in EUR (euros) or LVL (lats). Upon the payment of the Contract price the
Parties are to take into account the sums in EUR (euros) having converted these in accordance with the currency exchange rate as
set by the Bank of Latvia as 1EUR=0.702804LVL.
2.2.2 In accordance with the Service program the total and final Contract price is set as follows:
2.2.3 The Operator/ Agent are entitled to change the Contract price set and carry out the relevant recalculation as stipulated by the
Service program.
2.2.4 Meanwhile, it is the duty of the Customer to pay additionally for the difference calculated;
2.2.5 The Service program stipulates the size of the advance Payment and the payment deadlines, deadlines for the final settlement,
the possible changes in the Service price and the Contract price, and the calculation of their difference.
2.2.6 The Customer may refuse the Services by the date as set in the Service program. It is the duty of the Customer to reimburse
the relevant expenses and/ or losses as well as the interest calculated with the Operator and/ or Agent. The Operator and/ or Agent
may deduct the sums paid by the Customer to fully or partially cover these expenses and/ or losses.
3) The present Appendix to the Contract, the Agreement comes into effect the moment it is subscribed to and constitutes an integral
part of the Contract, and upon its execution the Parties follow the provisions of the Appendix, Agreement and Contract.
4) The present Appendix to the Contract is made in English language on 1 page and subscribed to in 2 (two) identical copies of an
equal legal effect. Upon the signing of all the copies each of the Parties involved are issued one copy thereof.
5) SIGNATURES of the Parties:
Agent:
______________________________________
(
)
Customer:
____________________________________
(
)