Online public agreement

services of daily rent of apartments

This present English translation of Russian original text.
In case of issues Russian version is of first priority.
Edit as of 15 November 2018.

1. Generalities.

1.1. This document, addressed to any legal entity or individual (hereinafter referred to as the guest), is an official, public and irrevocable offer of LLC "SKY APARTMENTS" (booking service apartments in Moscow-city), hereinafter referred to as the "Agent", acting on the basis of the Charter, to enter into a contract for the provision of services of daily rent apartments, using the Internet resource http://skyap.city (hereinafter the Site).

1.2. In accordance with paragraph 3 of article 438 of the Civil code of the Russian Federation, the adoption of the essential conditions contained in this offer is in accordance with paragraph 1 of article 438 of the Civil code of the Russian Federation acceptance and is equivalent to the conclusion of the contract for the provision of services of daily rent of apartments, as well as the provision of additional services, in accordance with the application of the Guest, in terms and conditions provided for in this Agreement.

1.3. Full and unconditional acceptance (acceptance) of the terms of this offer is considered to be the implementation of the Guest payment for accommodation in the booked apartment and the receipt by the Agent of the relevant financial document confirming the payment. The agent gives the Guest a document confirming the placement on the letterhead of the organization, which indicates all the essential conditions of the order (hereinafter - the Form of Settlement).

1.4. If the Guest does not agree with this Agreement, the Guest has the right to refuse to accept the contract-offer and conclude a contract with the Agent in writing, or refuse to use the booking services.

2. The subject of the offer.

2.1. The subject of this contract-offer is the provision by the Agent to the Guest of services of daily rent of apartments in accordance with the terms of this Contract. Under the services of daily rent of apartments (hereinafter – Booking) in the sense of this Agreement means the following: services for booking apartments, consulting, information and other services specified in the form of Settlement and necessary for Guest service.

Reservations can be made through the Website, as well as by phone 7 (495) 255 39 34, by e-mail booking@skyap.city or via aggregator sites booking.com, expedia.com, airbnb.com.

3. Rights and obligations of the parties.

The agent guarantees the Guest a full legal right to rent the apartment. The apartments are free from any third party claims.

3.1. The agent shall:

3.1.1. No later than 3 working days from the date of receipt of the order to confirm the possibility of providing the customer with a Reservation indicating its value.

3.1.2. To make a reservation of the apartment and provide the services included in the price of the order; to draw up the documents giving the Guest the right to receive the services ordered, and to transmit copies of these documents in electronic form to the Guest.

3.1.3. Eliminate all arising through no fault of the Guest problems in the premises, keep the apartment and the equipment installed by the Agent in good condition. In case of any malfunctions, emergencies or threat of their occurrence in the premises, the Agent undertakes, within a reasonable time, to take the necessary measures to eliminate them.

3.1.4. If it is impossible to provide the booking Service on the conditions stated by the Guest, inform the Guest and offer the booking on alternative terms.

3.1.5. Give the Guest two sets of keys-cards from the entrance doors to the apartment and elevators at the time of arrival to the apartment.

3.1.6. Timely notify the Guest about all situations that require additional coordination.

3.1.7. The service is considered to be properly provided by the Agent in case of check-in of the Guest in the selected apartment, full or partial payment of accommodation, as well as in case of refusal of it on the initiative of the Guest, or not check-in.

3.1.8. The agent has the right to check the order of use of the apartment and their condition in the presence of the Guest. In exceptional cases, requiring immediate intervention, the Agent reserves the right to visit the apartment without prior consent of the Guest, including at the time of absence of The guest in the apartment.

3.1.9. The agent has the right to withhold from the Guest a fine of 10'000 (ten thousand) rubles in case of violation of the ban on Smoking in the apartment And a fine of 10'000 (ten thousand) rubles for Smoking in public areas.

3.1.10. If the Agent does not receive full payment for the ordered services within the agreed period or before the date of arrival specified in the Check-in Form, the Agent has the right to cancel or change the reservation at its discretion, notifying the Guest. In this case, the Agent reserves the right to withhold advance payment in order to compensate for its losses and actually incurred costs associated with the performance of obligations under this Agreement

3.1.11. The agent has the right, if the Guest does not comply with any of the points of this offer, to refuse further services to the Guest.

3.2. Guest agrees:

3.2.1. After reviewing the tariff plans and the provisions of this offer posted on the Website, make an application by filling in the required fields in the booking form with all the necessary reliable information about yourself and the end users of the Service, displaying specific wishes about the category of apartments, the number of booked apartments and the terms of their use. The application can be made as above in this offer by phone, e-mail or on-line.

3.2.2. Make payment within 72 hours from the moment of confirmation of the application on the Basis of the confirmation received from the Agent - by Bank transfer on the Website, or by cash at the location of the Agent. Send to the Agent the documents confirming the payment immediately within 24 hours, notify the Agent of the action taken.

3.2.3. Observe the fire safety rules, the rules of staying in the apartments and the rules of staying in the common areas of the complex, established by the administration.

3.2.4. Immediately inform the Agent about the occurrence / threat of any malfunctions or emergencies in the apartment. In case of leakage of water supply systems, sewage, problems with electricity, the Guest undertakes to inform the Agent about the problems within 1 hour, otherwise the Agent is released from liability and responsibility for all damage caused to the apartment and adjacent premises entirely rests with the Guest.

3.2.5. Ensure the safety of the Agent's apartment and property and maintain the apartment in good condition. In case of damage to the apartment or property of the Agent through the fault of the Guest, the Guest undertakes to reimburse the Agent for the cost of repair or replacement of damaged property, taking into account natural wear and tear. In case of theft of the Agent's property, the Guest undertakes to reimburse the full cost of the lost property. The guest, throughout the term of the lease and the validity of this agreement, regardless of the actual location of the Guest, is fully responsible for the safety of the Agent's property.

3.2.6. Use the apartment only for the purposes stated by the Guest initially and agreed with the Agent in advance.

3.2.7. Vacate the apartment, in the presence of an Agent, no later than the expiration of the lease specified in the Form of Settlement.

3.2.8. At the time of release of the apartment, return to the Agent all handed over to the Guest sets of keys-cards from the apartment. In case of loss of a set of key cards, the Guest is obliged to pay a fine of 1'000 (one thousand) rubles for each lost key.

3.2.9. Do not sublet the apartment to third parties.

3.2.10. Do not disturb public order, do not make noise, do not turn on loud music, TV and other noisy devices from 23.00 to 09.00.

3.2.11. Do not smoke throughout the apartment, as well as in the surrounding areas, except for places specified by the Agent.

3.2.12. The guest has the right to change or cancel the Reservation free of charge by sending a notification to the Agent no later than 7 (seven) days before the start date of the stay. The cancellation request must be in writing and signed by the Guest. Cancellations made by telephone or orally are not grounds for free Cancellation. If cancelled less than 7 (seven) working days in advance or in case of no-show, the total price of the reservation will be charged and the Deposit will not be refunded.

3.2.13. The guest has the right to extend the lease term on the terms and only in agreement with the Agent, notifying the Agent no later than 1 (one) day before the end of the lease term.

4. Financial relations between the parties.

4.1. The cost of Booking and the amount of prepayment in the apartment is negotiated with the Agent separately and can be changed up or down, depending on the season, the duration of the Reservation, the number of people staying, the purpose of use of the apartment and other conditions.

4.2. Payment of the cost of Booking in the selected guest apartments is carried out upon arrival, in the amount specified in the confirmed booking Agent minus the prepayment.

4.3. After the prepayment is made, the Guest has the right to demand a full or partial refund of the money paid to the Agent, not later than 7 (seven) working days prior to arrival. This requirement is made in writing, in any form or through the Website.

4.4. In case of a written application of the Guest for a full refund of the money paid for the Reservation, the refund will be made only if the request is actually received by the Agent in writing no later than 7 (seven) days before the date of arrival. In the "high dates" (the period of new Year and Christmas holidays (from December 25 to January 14), festivals, sports (Competitions, Championships), special conditions of booking and cancellation are possible.

4.5. In case of early termination of accommodation in the apartment, the cost of unused Guest services will not be refunded.

4.6. The apartment is provided to the Guest upon transfer of the Deposit for the entire period of use of the Apartment. The Deposit will be returned to the Guest after the end of the rental Period, provided there is no damage and penalties.

4.7. The agent has the right to withhold the Deposit in case of non-payment of additional paid services, the cost of damaged, damaged or lost property, keys (cards), fines for non-compliance with the rules of use of the Apartment, fire safety and sanitary rules.

The agent without obtaining additional consent of the Guest has the right to write off the amount from the Guest's Bank card (to transfer funds):
– rental fee for the use of the Apartment, other payments, including fines, penalties, damages, including the amount of the guest's debt to the Agent, as well as any other obligations arising as a result of damage and from other grounds provided by the legislation of the Russian Federation, as well as the amount of compensation of the Agent's expenses incurred by the Agent as a result of actions (inaction) of the Guest.

4.8. The funds are debited when the Agent has grounds to write them off. The guest is notified of the fact of writing off the funds for damages, fines, penalties.

4.9. The guest gives unconditional consent to write - off of funds from his / her Bank card for making payments (including fines and other payments) - without acceptance. Write-off of amounts is allowed both in full and in parts at the discretion of the Agent. In case of insufficient funds on the Bank card, or the inability of the Agent to withdraw funds from the Bank card for other reasons, the Guest undertakes to pay all necessary payments from the moment of receipt of the relevant notification from the Agent. The guest undertakes to provide sufficient balance on the Bank card for the debiting.

5. Rules of events, photo and video production, on the territory of the apartment.

5.1. All events and video shooting, held on the territory of the apartment, are charged at least double the cost of the Rates published in the section on-line booking Site.

5.2. When agreeing on the terms of events, Guests are invited to fill in a questionnaire, the results of which, the Agent has the right to set an arbitrary price in agreement with the Guest, based on the description of the event.

5.3. All activities and photo and video production are agreed by the parties to a separate agreement "services".

5.4. The agent has the right to request a Deposit amount as security for the obligations assumed by the Guest under the "services" agreement.

6. Responsibility of the parties and dispute resolution procedure.

6.1. For non-performance and/or improper performance of obligations under this offer, the parties are liable in accordance with the current legislation of the Russian Federation.

6.2. The agent shall not be liable in case of non-performance or improper performance of the Service on its part or by third parties arising from the unreliability, insufficiency or delay of the confirmed information and documents provided by the Guest, as well as arising from other violations of the terms of this offer by the Guest.

6.3. The agent is not responsible in case of non-arrival of the Guest in the paid apartment on the first day of arrival, and as a result, possible not settling in them.

6.4. The agent is not responsible for the discrepancy between the provided service and the Guest's expectations and his subjective assessment.

6.5. The agent shall be released from liability for full or partial failure to fulfill the obligations provided for in this offer, if this failure was a consequence of force majeure arising after the conclusion of this agreement, as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures (force majeure).

6.6. Disputes arising in the performance of this Agreement on the terms specified in this offer shall be resolved through negotiations between the parties or in the claim procedure. If disputes and disagreements between the parties are not settled through negotiations, they shall be settled in court at the location of the Agent.

6.7. The agent is not responsible for the illegal actions of the Guest.

6.8. The agent is not responsible for the data and information stored, transmitted and received through any equipment installed in the apartment. Internet access is provided through an open wireless network without guarantee of confidentiality of transmitted or received information, including by third parties.

6.9. The agent declines responsibility if by the decision of the authorities or responsible persons the Guest was denied the opportunity to stay in the booked apartment (accommodation) for the reasons: violation of law and order or causing concern to others, the state of alcohol or drug intoxication or violation of other rules of social behavior, storage, transportation or distribution of drugs, illegal storage of weapons, etc.; incorrect execution of personal documents (no record of family members in The guest's passport, absence or incorrect execution of powers of attorney for minor children, etc.).

6.10. In case of violation of this agreement by the Guest, the Agent has the right to evict the Guest from the apartment without returning the cost of the Reservation.

6.11. The Guest's refusal of any services during the stay does not give the Guest the right to receive compensation for unused services. The same condition applies to cases of late arrival of the Guest to the apartment specified in the Form of Settlement.

7. Other terms and conditions.

7.1. This offer and the form of settlement are an integral part of this agreement.

7.2. The contract is concluded from the moment of receipt by the Agent of the documents confirming the payment by The guest of the Reservation and is valid until the parties fulfill their obligations.

7.3. Making the payment, the Guest confirms that he / she has read and accepts the terms of the contract-offer for the provision of services of daily rent of apartments. We accept credit cards: VISA CARD, MASTER CARD, АМЕRICAN EXPRESS.

7.3. In all other respects that is not provided by this offer, the parties will be guided by the current legislation of the Russian Federation.

7. Details of the parties.

Agent:
The limited liability company "SKY APARTMENTS"
Actual address, postal address: 123112, Moscow, Presnenskaya Naberezhnaya 12, office 491, Federation tower West
OGRN 1187746912693, INN 7713462515, KPP 771301001
R / Sch. 40702810302790003010 in "ALFA-BANK JSC"
K / Sch. 30101810200000000593, BIC 044525593
NACE 55.10
Tel.: +7-(495)-255-39-34
e-mail: booking@skyap.city, web: http://www.skyap.city/

Guest:
Any person specified in the payment document on behalf of which the payment is made under this offer (the payer), and if the payment is made for a third party (and this follows from the payment or financial document), the Guest under this agreement is the person for whom the payment is made.
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