This document is an offer of Gosha Limited Liability Company (PSRN 1197746363792) (hereinafter referred to as the Company) to individual entrepreneurs and legal entities registered in the Russian Federation and / or abroad and providing hotel services (hereinafter referred to as the Hotel) to conclude service agreement subject to this document basis (hereinafter referred to as the Offer):
1 Procedure for the conclusion of agreement subject to the terms of the Offer (hereinafter - the Agreement)
1.1 The acceptance of the Offer by the Hotel is payment for the services of the Company in accordance with the selected Rate. The Rate means a set of services which shall differ in cost depending on the composition and terms of rendering services (hereinafter - the Rates).
1.2 The Offer is located on the Site - an information resource on the Internet located at: https://goSha.travel/ (hereinafter referred to as the Site). The current version of the Offer is located on the page at [∙].
1.3 The Company is entitled to supplement and change the Offer, Rates at any time without prior and / or subsequent notification of the Hotel. If, after making changes and / or additions to the Offer, Rates Hotel shall continue to use the services of the Company, the parties consider that the Hotel agreed to all changes and / or additions to the Offer.
1.4 In case of disagreement with the changes and / or additions to the Offer made by the Company, the Hotel is entitled to refuse to fulfill the contract on the terms of the Offer unilaterally. In this case, the Hotel shall notify the Company in writing no later than seven (7) calendar days from the date of posting changes to the Offer on the Site and pay for the cost of the services actually provided. The agreement shall to be deemed terminated from the date following the day the Company shall receive the Hotel notification.
2 Subject of the Agreement
2.1 The Company shall undertake to provide the Hotel the opportunity to use the paid services available on the Site in accordance with the Rates selected by the Hotel, and the Hotel shall undertake to pay for paid services in accordance with the terms of the Offer.
2.2 Paid services shall include:
2.2.1 Providing users with the “goSha” mobile application with “Tourist” status (hereinafter referred to as the User) the opportunity to create a “Rest Calendar”. “GoSha” mobile application means a mobile application called “goSha”, which is a software designed to work on smartphones, tablets and other mobile devices, developed for iOS and Android platforms.
2.2.2 Providing users with the opportunity to individually customize the display of Hotel information in “goSha” mobile application using filters. Filters mean parameters to be configured by the User to form a list of information about the Hotel which most fully fulfil requirements of the User’s request.
2.2.3 Email marketing and newsletters sending ability to Users who agreed to receive them through push notifications.
2.2.4 Posting ability of reference materials on the Site about hours of business of animators and entertainment events at Hotel, time for additional service rendering at Hotel, a list of television channels, and other reference materials which are not provided under the Agreement.
2.2.5 Other services available on the Site and not provided under the Agreement.
3 Rules for the provision and use of paid services
3.1 The Hotel accepted the terms of the Agreement and passed the registration procedure on the Site under the terms of the Agreement, is entitled to get access to paid services of the Company.
3.2 In order to gain access to paid services, the Hotel that meets the requirements of clause 3.1 hereof shall select one of the current Rates and shall pay for the cost of services.
3.3 The Hotel performed the actions specified in clause 3.2 hereof shall be considered to have accepted the conditions of the Offer.
3.4 At the time of acceptance of the Offer, the Hotel and the representative of the Hotel, incl. an individual confirm that:
3.4.1 the data to be indicated by the Hotel in its account on the Site shall be reliable and valid data of the Hotel;
3.4.2 the representative of the Hotel is entitled to act on behalf of the legal entity or individual entrepreneur represented by this representative.
3.5 The Company shall provide the Hotel with access settled paid services within 48 hours upon the inpayment of full cost of the services to the account of the Company.
3.6 The Hotel’s access to paid services shall last for the period established by the Rate.
3.7 The Hotel shall guarantee compliance of the materials posted, distributed using paid services with the requirements of the legislation in force on the territory of the “goSha” mobile application distribution.
3.8 The Company is entitled to temporarily suspend the provision of services to the Hotel for technical, technological or other reasons that impede the provision of services for the time being to eliminate such reasons.
3.9 The Company is entitled to suspend the provision of services and / or unilaterally refuse to execute the Agreement in case the Hotel violates the obligations stipulated by the Offer.
4 Payment Terms
4.1 Valid Rates shall be published on the Site at: http://goSha.travel/hotels/ and shall be also available in the Hotel account on the Site in the "Subscription" section. Rates shall be an integral part of the Agreement.
4.2 The Company is entitled to provide discounts:
4.2.1 Upon prolongation of rendering services by the Hotel (ordering services for a new term) and paying by the Hotel for the cost of rendering services for a new term no later than the end date of the current term for the provision of services to the Hotel. The discount amount shall be determined in the Rates and shall be changed by agreement of the Parties.
4.2.2 According to the promotional code. The promotional code means a special code that shall provide a right to a discount on a certain Rate and has a validity period. To get a discount on the promotional code before paying for the services of the Company, the Hotel shall enter a special code when choosing the Rate on the Site.
4.2.3 where provided for the Rates or agreement of the Parties.
4.3 The Rates shall be changed by the Company unilaterally. At the same time, the cost of services previously paid by the Hotel shall not change.
4.4 The Hotel shall pay the cost of the Company's services by way of 100% prepayment in non-cash form.
4.5 The Hotel - a resident of the Russian Federation – shall pay the cost of the services of the Company in Russian rubles.
4.6 The Hotel – non-resident of the Russian Federation is entitled to pay the cost of the services of the Company in US dollars in cases provided for by the currency legislation of the Russian Federation.
4.7 In Rates, US dollars may be used to indicate the cost of the Company's services. The ratio of US dollars to Russian rubles and the currency of settlements under the Agreement shall be indicated in the Hotel account on the Site and / or in Rates.
4.8 If at the time of termination of the Agreement the amount of the prepayment of services made by the Hotel shall exceed the cost of the services actually rendered to the Hotel, then the difference between the indicated amounts may be recognized by the Hotel as a contribution made to the prepayment of services under other (including future) contracts, with the exception of cases when otherwise additionally agreed by the Parties upon termination of the Agreement. This condition shall remain valid and also valid after the termination of the Agreement.
5 The procedure for services acceptance
5.1 On the last day of rendering services under the Agreement, the Company shall draw up a unilateral act of services rendered (hereinafter referred to as the Act) in accordance with the volume of services actually rendered during the term for the provision of services established by the Rate selected by the Hotel.
5.2 Services shall be deemed to be provided by the Company appropriately and accepted by the Hotel to the extent specified in the Act, if within ten days after the expiration of the term for the provision of services the Company shall not receive motivated written objections from the Hotel.
6 Warranties and liability of the Parties
6.1 For non-fulfillment or improper fulfillment of obligations under the contract on the terms of the Offer, the Parties shall be responsible in accordance with the current legislation of the Russian Federation.
6.2 With respect to any monetary obligations of the Parties under the Agreement, legal interest (interest on the amount of debt for the period of use of funds) provided for by clause 317.1 of the Civil Code of the Russian Federation, are not charged.
6.3 In the event that improper fulfillment by the Hotel of obligations under the Agreement resulted in the presentation by the Company of third parties and / or public authorities of requirements, decrees, claims, lawsuits and / or instructions, including but not limited to cases of violation of applicable advertising laws, copyright laws and related rights, other rights to the results of intellectual activity and means of individualization, antitrust laws, the Hotel shall to immediately upon request of the Company provide him with all requested information regarding the subject of the dispute, and assist the Company in the settlement of such claims, claims, etc., as well as compensate in full all property losses of the Company (in accordance with clause 406.1 of the Civil Code of the Russian Federation) arising in connection with the presentation of the above requirements, regulations, orders, lawsuits, etc.
6.4 Property losses are subject to compensation by the Hotel in the following amount:
- in the case of the obligation on the Company to pay a fine, compensation, losses, property losses are compensated in the amount established by the relevant document of the state body (judicial act, sentencing decree, etc.), as well as in the amount of expenses incurred by the Company (including expenses to pay for the services of a representative, expenses related to the payment of state duties, travel expenses);
- in the case of claims, claims by third parties, all actually incurred property losses of the Company are subject to compensation.
6.5 Property losses shall be reimbursed by the Company by transferring funds to the account of the Company within the period specified in the notification of the need to reimburse property losses.
6.6 The Company shall not be responsible for lost profits and lost profits, as well as for any indirect losses incurred by the Hotel during the use or non-use of the Company's services.
6.7 The Company shall not be liable for non-performance and (or) improper performance of its obligations under the Agreement, if the reason for this was circumstances beyond the control of the Company. Such circumstances include failures in the work of persons providing access to the Internet, other public networks, unauthorized third parties to access the Hotel’s account through no fault of the Company, etc.
6.8 The Company shall not be responsible to third parties for the placement of materials and information provided by the Hotel as part of the provision of services. The Company is entitled to moderate and delete information distributed by the Hotel using the services provided in connection with violations of applicable law, as well as property, personal non-property and other rights and legal interests of third parties. The Company is entitled to terminate the Hotel’s access to its account without prior notice if the Company becomes aware of a violation by the Hotel of applicable law, the rights and legitimate interests of any persons.
6.9 The time of suspension of rendering services for the reasons specified in clause 6.8 hereof shall not be considered a break in the provision of services and cannot be considered as a violation by the Company of its obligations under the Agreement.
7.1 The Agreement is governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by the Offer shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising from relations regulated by the Agreement are resolved in the manner established by the current legislation of the Russian Federation, according to the legal rules of the Russian Federation.
7.2 In the event of any disagreement or disputes between the Parties to the Agreement, the compulsory condition before applying to the court is a reclamation. If it is impossible to reach agreement between the Parties in the complaint procedure within fourteen (14) calendar days from the receipt of the claim by the recipient, the consideration of the dispute shall be referred by any interested party to the arbitration court of the city of Moscow (RF).
7.3 Any notifications and documents hereunder shall be sent by one Party to the other Party by e-mail to and from the following email addresses: a) to the address of the Company: [∙]. b) to the address of the Hotel: the email address provided upon the registration on the Site, and / or the email address of the person in charge of the Hotel, indicated in the account of the Hotel.
All notifications, messages, documents, claims sent by the Parties to each other at the above email addresses shall be recognized by the Parties through official correspondence hereunder and shall have legal force and shall be used as evidence. The date of transmission of the corresponding notification shall be considered the day of the notification sending by email. Responsibility for receiving messages and notifications in the above manner shall lie with the receiving Party. The party that sent the notification is not responsible for the delay in delivering the notification if such a delay was a result of a malfunction in communication systems, actions / inaction of providers or force majeure.
7.4 Whenever the address, details or leader of one of the Parties change, this Party shall inform the opposite Party about these changes within five (5) business days.
7.5 Upon the acceptance of the Offer the Hotel and the representative of the Hotel, including an individual, shall give permission to the Company to process the personal data listed in clause 7.8 hereof: collect, record, systematize, accumulate, store, clarify (update, change), extract, use, transfer (including instruct processing to other persons), depersonalize, block, delete, destroy.
7.6 The consent shall be valid from the time when the Hotel shall provide its data, the data of its representative up to the moment they to be withdrawn by the Hotel. The revocation shall intend a document sending with a request to stop the personal data processing to be sent to the e-mail of the Company: firstname.lastname@example.org.
7.7 Consent to process personal data specified in clause 7.8 hereof shall be provided the Company by the Hotel to fulfill obligations which arise or shall arise in the Company during the term of the Agreement, including for the Company and / or its authorized representatives to contact the Hotel.
7.8 Personal data provided by the Hotel to the Company:
- surname and first names of the representative of the Hotel;
- email address of the Hotel, its representative;
- contact phone number of the Hotel, its representative.
7.10 The Hotel agrees to receive email marketing and newsletters from the Company. The Hotel is entitled to unsubscribe hereof by sending a written notification to the Company at the email address email@example.com.
7.11 This Agreement is executed on Russian and English languages. In case of any discrepancies, the Russian version shall prevail.
Gosha Limited Liability Company
Address: Apt. 126, 10, Rimsky-Korsakov street, Moscow, 127566, Russia
TIN 9715348547 / KPP 771501001
OKPO code 40014153
Bank PJSC SBERBANK
Corresponding account 30101810400000000225
Current account 40702810138000071759