Moscow, Russian Federation
Placement date: 17.02.2021
This document is an offer to enter into an Agreement with the Contractor on the terms set out below.
TERMS AND DEFINITIONS
Order means a User’s request to receive the Contractor’s services related to the implementation of the possibility of booking, registering, exchanging and / or returning Electronic Railway Tickets using the Platform, as well as related additional services;
- AVAD Ticket Limited Liability Company (7 Derbenevskaya Embankment, bld. 12, 2nd floor, 115114, Moscow; TIN 7704719450, PSRN 1097746010724);
- Anywayanyday Tour Limited Liability Company (7 Derbenevskaya Embankment, bld. 12, 2nd floor, 115114, Moscow; TIN 7725289400, PSRN 1157746865792);
Organizational Fee means a fee charged for accepting a bank card payment through the Platform’s service;
Audit Coupon of an Electronic Railway Ticket means an extract from the Carrier’s booking system, which is a strict accounting document and is used, among other things, for payments using payment cards without the use of cash register equipment;
Mobile Application means “anywayanyday” software application specially developed for portable (mobile) devices that is installed and downloaded by a User to such devices using various software platforms. For the purposes of this Agreement, the Mobile Application includes the current version and all subsequent versions;
Carrier means Russian Railways, Open Joint Stock Company, which directly sells and provides transportation services on the basis of an Electronic Railway Ticket registered by the User;
Platform means a Website and / or Mobile Application owned and controlled, and managed by the Copyright Holder and/or persons belonging to the same group with him/her, within the framework of which certain services are provided;
User means a legally capable individual over 18 who purchases Electronic Railway Tickets in his own name or in the name of third parties;
Boarding Pass of an Electronic Railway Ticket means a document received by a passenger as a result of electronic registration and intended for the organization of his/her boarding the train;
Provider of Additional Services means a person who directly provides transportation services, car rental, hotel services and other additional services, agents of these organizations, as well as organizations that provide the opportunity to book and pay for these services, with which a Contractor has concluded an agreement for the provision of relevant services;
Carrier’s Rules mean Passenger Transportation Rules available at http://pass.rzd.ru/static/public/ru?STRUCTURE_ID=5116;
Website means a set of a System, Content and other information contained in the Internet information system, which is accessed, inter alia, by a domain name www.anywayanyday.com;
Fee means the Contractor’s fee in excess of Fares of the Electronic Railway Ticket charged for the implementation of the possibility of registration and return of the Electronic Railway Ticket using the Platform;
Agreement means the present Agreement between a User and a Contractor, concluded by the acceptance of the public offer;
Fraud means a type of fraud in the field of information technology. In relation to the non-cash payment industry, conducting fraudulent transactions, that is, transactions with cards that were committed by persons who were not their legal holders, or for which counterfeit cards or illegally obtained confidential information about the details of cards and / or their holders were used; a fraudulent transaction that was committed by a person who was a legitimate cardholder, but who deliberately tried to create with the issuer the appearance that the transaction was made by some unauthorized persons to whom that person had nothing to do;
Electronic Registration means the passenger’s consent to travel by train on the basis of the transport agreement confirmed by the Electronic Railway Ticket, as a result of which a Boarding Pass of the Electronic Railway Ticket is issued;
Electronic Railway Ticket means a document used to certify a passenger carriage contract, in which information about the passenger’s rail transportation is presented in electronic and digital form.
Any terms not defined above may be used in the Agreement. In this case, the interpretation of such a term is made in accordance with the Usage Agreement, the current legislation of the Russian Federation, as well as business practices.
1.2. Under the Platform service, the Contractor shall provide the User with services of providing information, assisting in booking and executing the Electronic Railway Tickets in accordance with User-defined parameters (date, time, route and any other terms of carriage), as well as registering procedures of the Electronic Railway Ticket return in the manner provided in this Agreement. The User undertakes to use the Platform only if there is a real need to book and register Electronic Railway Tickets. If the User does not comply with the terms of this Agreement, his/her access to the Platform may be blocked.
1.3. The Contractor is not responsible for the agreements between the User and the Carrier concluded using the Platform. In particular, the Contractor shall provide only the possibility of booking, registering and returning Electronic Railway Tickets, but the binding relationship shall arise directly between the User/persons in whose favor the Electronic Railway Tickets are registered and the Carrier. The Carrier’s services registered by the User for rail transportation shall be regulated by the Carrier’s Rules, taking into account possible changes. It is the User’s responsibility to review regularly the current version of the Carrier’s Rules.
1.4. All information regarding schedules, availability, fares and rules of their application, and other terms of the offered services is available through the Platform in full accordance with how it is represented in the booking system of the Carrier or its authorized representatives. The Contractor, despite its competence, shall not be able to perform a total independent verification of the information provided by the service providers, and cannot guarantee the complete absence of inaccuracies in it, and therefore it does not bear responsibility to the User for any erroneous data about the services, as well as for damage or losses caused to the User due to the presence of errors in the information.
1.5. The Contractor reserves the right to make changes to this Agreement at any time without a special notification. The new version of the Agreement shall enter into force immediately after its publication in the relevant section of the Platform, unless expressly agreed otherwise. It is the User’s responsibility to review regularly the current version of the Agreement. Users are also advised to obtain qualified legal assistance before taking any action based on the information or materials available through the Platform.
2.1. An Order shall be placed by the User independently through the Platform by filling in the appropriate forms. The User shall familiarize with all the terms of the Order during the booking process.
2.2. When using the Platform, gaining access to the Personal Account and subsequent use of the service provided for in this Agreement, the User undertakes to:
- update the registration and other personal data in case of changes.
Change of any personal data of passengers in the placed Order leads to the voidance of the Fares agreed in the Order, since it is necessary to cancel the Order and place a new one in order to change this passenger’s data. Thus, the User shall assume all possible risks (placing a new Order, changing the fare, refund, etc.) associated with his/her actions to make mistakes, inaccuracies in the provision of personal data;
- ensure the safety and confidentiality of the login and password, bear responsibility in case of their unauthorized use;
- bear full responsibility for any actions performed by the User using his/her Personal Account. Unless proven otherwise, any action performed using the username and password of such a User shall be considered by the Contractor as committed by the User himself/herself, which entails the corresponding legal consequences.
2.3. The Order shall be paid by one of the ways offered through the Platform. Payment shall be accepted using payment systems that have the right to refuse a payment.
2.4. Services for a deferred /installment payment, as well as other financial services/products provided by the Suppliers of additional services may be presented on the Website. If the User wishes to purchase the services of the Suppliers of additional services and if the Supplier of additional services approves the corresponding request of the User, the User shall enter into a relationship directly with the specified Supplier of additional services. Before paying for the services of the Providers of Additional Services, the User shall be given the opportunity to familiarize the terms and conditions of the additional services. The User’s submission of a request for the use of these services means familiarization and acceptance of the terms of their provision.
2.5. After the Order is paid, the Contractor shall send the Audit Coupon of the Electronic Railway Ticket to the e-mail address specified when creating the Personal Account.
2.6. In order to travel by rail and/or carry baggage, the User shall pass Electronic Registration if such registration is possible in accordance with the Carrier’s conditions, after which the User shall receive a Boarding Pass of the Electronic Railway Ticket.
2.7. The Contractor shall charge the Fees from the User, which are included in the Order price. The Fees shall be set by the Contractor unilaterally on the day of registration of the relevant service and shall be displayed via the Platform when placing an Order or implementing a return.
2.8. In accordance with the current legislation, bank card transactions shall be performed by a cardholder or an authorized person. Bank card transactions shall be authorized by the payment system through which any transaction is performed. If the payment system has reason to believe that the transaction is fraudulent, the system has the right to refuse this transaction. According to the Rules of international payment systems in order to verify the identity of an owner and his/her eligibility to use the card, the User, who placed such an Order, shall, at the Contractor’s request, provide two pages of the bank card holder’s passport — the page spread with a photo and a copy of the both bank card sides (first 6 and last 4 digits of card number shall be displayed) via e-mail as scanned copies, provided a separate consent of the User to process biometric personal data is received. If the User fails to provide the requested documents within the period specified in the Contractor’s request, or if there are doubts about their authenticity, the Contractor reserves the right to cancel the Order without giving any reason. The cost of the paid Order shall be refunded to the owner’s bank card.
2.9. The User shall be solely responsible to the bank and any other persons in full for non-cash payments made by the User to pay for the Electronic Railway Ticket, and defined by the bank as Fraud. If the Contractor incurs losses associated with the User’s non-cash payments made to pay for the Electronic Railway Ticket and defined as Fraud, the User shall reimburse the Contractor documented losses within ten (10) working days from the date of the Contractor’s request.
3.1. Changes to the Order and the exchange of an Electronic Railway Ticket are not allowed. The User shall return the Electronic Railway Ticket and place a new Order.
3.2. The Electronic Railway Tickets shall be returned in accordance with the Carrier’s Rules at http://pass.rzd.ru/static/public/ru?STRUCTURE_ID=5238, as well as in accordance with the information set out in the Section of the Site "Return of Railway Tickets", which is an integral part of this Agreement. The return shall be carried out in one of the following ways: through the Personal Account or by contacting the Carrier’s cash desk (the address is available at http://pass.rzd.ru/sellpoints/public/ru?STRUCTURE_ID=5243 ).
3.3. If the User returns his/her Electronic Railway Ticket, the cost of the Order, minus the actual costs of the Contractor, shall be transferred to the User’s bank card used to pay for the Order. Actual expenses mean expenses incurred by the Contractor to execute the User’s Order, including payment of fines in favor of Russian Railways, JSC and other persons providing services on registration/booking/return of the Electronic Railway Tickets, and also the Fee charged by the Contractor for the services provided using the Platform depending on the service type. The amount of the Fee shall be displayed when registering the corresponding service.
4.1. The User can book and / or pay for additional services provided by the Providers of Additional Services on the Website. The procedure for providing additional services shall be regulated by the rules of the relevant Provider of Additional Services. The User shall be obliged to familiarize these rules before ordering additional services. Providers of Additional Services reserve their right to change unilaterally the procedure for providing additional services. Continuing to use the Website and ordering additional services means that the User agrees to this procedure.
4.2. The User shall be liable for:
4.2.1. using additional services;
4.2.2. timeliness, accuracy, and completeness of the data provided for the registration of additional services;
4.2.3. all claims and complaints brought against him/her by the Provider of Additional Services and / or third parties in connection with the use of additional services.
4.3. The Contractor shall not be liable for:
4.3.1. any losses caused to the User as a result of booking and / or purchase, as well as the use of additional services;
4.3.2. quality, volume and / or timeliness of the additional services provided by the Provider, their actions or inaction.
4.4. The Contractor’s liability to the User and third parties in whose interests the User acts, for any reason, shall be limited to the amount of payment made by the User to the Contractor for additional services.
4.5. The Contractor shall charge a fee, which is an additional remuneration for the provision of relevant additional services, as an agent of the Provider of Additional Services. The registration of documents confirming the booking means the completion of services for booking additional services. If the cost of additional services is changed, canceled, or refunded after the Contractor completes the provision of services, the Contractor’s fee shall not be refundable. The relationship to use the services of the Providers of Additional Services shall arise directly between the relevant Provider of Additional Services and the Client and be governed by the rules of the Provider of Additional Services.
5.1. At the stage of choosing a Electronic Railway Ticket, the User shall be given the opportunity to pay in Russian rubles, Swiss francs, Euros, US dollars, Ukrainian hryvnias.
5.2. For payment methods other than bank card payments, the final price shall be indicated in Russian rubles or Ukrainian hryvnias, depending on the User’s choice. The price indicated through the Platform in Russian rubles/Ukrainian hryvnias shall be valid if it is fully paid in cash at the time of registration in the territory of the Russian Federation or Ukraine, respectively.
5.3. When paying with a bank card, the amount in the currency selected by the User shall be debited from the User’s card. The User’s card issuing bank converts the specified amount into the card’s currency at its internal rate, so the amount in the card’s currency may differ from the amount displayed via the Platform (including upwards), since the bank’s internal rate always differs from the published rates of the Central Bank of the Russian Federation or FOREX. Before making a payment using a bank card, the User must specify the internal rate of the card issuing bank and the amount of the bank’s commission for the conversion. By making the payment, the Customer confirms that he/she has received the relevant information before the payment and is familiar with the final price in the card’s currency.
6.1. The passenger shall assume full responsibility for the preparation of all necessary documents for the travel. The passenger should familiarize and comply with all the requirements of the country to which he/she is going regarding the registration of the documents required for departure and arrival, as well as for transit travel to follow the entire itinerary, the need for visas, valid passports, powers of attorney or other documents for the departure of children, etc. Thus, the Contractor shall not be responsible for the negative consequences and losses resulting from events and circumstances beyond its competence, as well as for the actions (inaction) of third parties, namely:
- if it is impossible to fulfill the obligations assumed, due to the unreliability, insufficiency and untimeliness of the information and documents provided by the User, or the violation by the User of the terms of this Agreement or the requirements for documents;
- for the actions of the Carrier (change, cancellation, transfer, train departure delay), for the safety, loss or damage of baggage, cargo, valuables and documents of the User (passenger) during the entire duration of his/her travel. In these cases, the Carrier shall be responsible to the User (passenger) in accordance with international rules and the current legislation of the Russian Federation. The claims of the User (passenger) shall be considered by the Carrier on the basis of the legislation of the Russian Federation and the rules of international transportation:
– for actions of the customs and immigration authorities;
- due to the restriction of the right of the User (passenger) to leave the Russian Federation or another point of departure by the competent authorities of the relevant country;
- for the actions of consulates of foreign states, including for the delay, refusal or change in the terms of issuing entry visas;
- for the consequences of violation by the User (passenger) of customs and border formalities, rules of travel and baggage transportation, as well as violations of special rules of conduct in the country of temporary residence;
- for the absence of the User’s (passenger’s) travel documents issued to him/her by the Contractor;
- for non-appearance of the User (passenger) or his/her being late to the place of the train departure;
- for non-compliance by the User (passenger) with the rules of conduct established by the Carrier the train car;
- for the absence of the User’s (passenger’s) foreign passports issued at the time of the travel start, the relevant documents regulating the departure of minors under 18;
- for the authenticity and correctness of the passenger’s documents (the accuracy of the information contained in them).
6.2. The parties are exempt from liability for improper performance or non-performance of obligations under this Agreement in the event of force majeure circumstances, such as: fire, epidemic, earthquake, terrorist act, flood, hurricane, storm, tsunami, landslide, other natural disasters and cataclysms, military actions of any nature, strikes, introduction of a state of emergency or martial law, embargo, changes in the legislation of the Russian Federation or the country of residence or transit, actions of customs and sanitary control bodies, the issuance by the authorities of regulatory acts that have resulted in the inability of the parties to fulfill properly their obligations and other circumstances that the parties cannot influence and prevent.
The party that is unable to fulfill its obligations shall be obliged to notify immediately the other party of the occurrence of force majeure circumstances. In the event of such circumstances, the term of performance of obligations shall be postponed in proportion to the time during which such circumstances will be.
7.1. This Agreement shall be governed by and construed in accordance with the legislation of the Russian Federation. Issues not regulated by this Agreement shall be settled in accordance with the legislation of the Russian Federation.
7.2. In the event of any disputes or conflicts related to the performance of this Agreement, the User and the Contractor will make every effort to resolve them through negotiations, as well as in the manner of pre-trial settlement of disputes specified below:
7.2.1. prior to filing a suit arising from this Agreement, the affected Party (the Concerned Party) shall provide the other Party with a written claim;
7.2.2. the claim must contain the demands of the Concerned Parties and their justification, indicating the terms of the Agreement violated by the other Party. The claim must be accompanied by copies of the documents confirming the circumstances set out therein;
7.2.3. A party, which receives a claim, shall consider it and submit (send) a written reasoned response to the other Party within ten (10) working days from the date of receipt of the claim;
7.2.4. if no reply is received within the established period or the Concerned Party does not agree with the received response, it shall have the right to apply to court in the manner prescribed by the current legislation of the Russian Federation.
7.3. The recognition of certain parts of this Agreement as invalid does not cancel the validity of other provisions of this Agreement and other documents posted in the relevant sections of the Platform.
7.4. This Agreement is executed in Russian. The version in another language is additional and is placed solely for the convenience of the User. Russian version of the Agreement shall prevail in the event of any discrepancy between the versions of the Agreement in Russian and any other language.
One of the legal entities, depending on the choice of the payment currency at the stage of placing the Order.