APPROVED
By order of the CEO
LLC "Kaleidscope u Admiralteistva" ("Kaleidoscope near the Admiralty")
from 12/30/2020. No. 24
Public offer
on the conclusion of an agreement on the provision of hotel services
LLC "Kaleidoscope near the Admiralty" (LLC "Kaleidscope u Admiralteistva")
Primary State Registration Number (OGRN) 1197847241437 / Taxpayer Identification Number (INN) 7838089553 / Tax Registration Reason Code (KPP) 783801001
Location address: 190000, Russian Federation, St. Petersburg, st. Malaya Morskaya, 15, lit. A, 7-N, office 16
Hotel "Kaleidoscope Gold"
Hotel type: hotel
Hotel category: four stars
The text of the Offer set out below is an official public offer addressed to individuals to conclude an agreement on the provision of hotel services in accordance with clause 2 of article 437 of the Civil Code of the Russian Federation and clause 12 of the Rules for the provision of hotel services in the Russian Federation, approved by Decree of the Government of the Russian Federation of November 18, 2020 N 1853 "On approval of the Rules for the provision of hotel services in the Russian Federation" (hereinafter - "Rules for the provision of hotel services in the Russian Federation")
The agreement on the provision of hotel services (hereinafter referred to as the "Agreement") is considered concluded and becomes effective from the moment you perform the actions provided for in the Offer and signify your unconditional adherence to all the terms of the Offer without any exceptions or restrictions.
LLC "Kaleidoscope near the Admiralty", hereinafter referred to as the "Contractor" represented by General Director Timofeev Alexey Evgenievich, acting on the basis of the Charter, on the one hand, concludes this Agreement with any individual who is not an individual entrepreneur, hereinafter referred to as the "Customer".
The wording "CUSTOMER" means both the "customer" and the "consumer" of hotel services within the meaning of clause 2 of the Rules for the provision of hotel services in the Russian Federation, that is, an individual who intends to order or purchase, or ordering or purchasing and (or) using hotel services for personal and other needs not related to entrepreneurial activity, or an individual who is not an individual entrepreneur intending to order or purchase or ordering or purchasing hotel services in favor of another individual, including another individual who pays for accommodation.
This Agreement is an agreement on the provision of hotel services, concluded through a public offer, and regulates the procedure for the provision of services and the obligations arising in this connection between the CONTRACTOR and the CUSTOMER.
The text of this Agreement is posted on the Internet at: https://kaleidoscophotel.com/.
This Offer does not apply to the CONTRACTOR's relations with customers - legal entities and individual entrepreneurs.
The provision of hotel services is carried out by the CONTRACTOR in accordance with the Rules for the provision of hotel services in the Russian Federation, approved by Decree of the Government of the Russian Federation of 11/18/2020 N 1853, as well as in accordance with the Rules of Residence at the Kaleidoscope Gold Hotel, approved by the order of the General Director of LLC "Kaleidoscope near the Admiralty" "Dated 12/30/2020. No. 24 (hereinafter - "Rules of Residence").
The text of the Rules of Residence (Hotel Policy) is posted on the Internet at: https://kaleidoscophotel.com/.
1. The Subject of the Agreement
1.1. The subject of this offer is the booking and sale of hotel services to the CUSTOMER on the terms of this Offer and in accordance with the rates published on the website: https://kaleidoscophotel.com/.
2. Rights of the parties
2.1. The CUSTOMER has the right:
2.1.1. To place an order for booking hotel services by filling out an application for booking by phone, via e-mail or other electronic communication, as well as in any other way that makes it possible to establish that the application comes from the CUSTOMER.
At the same time, the CUSTOMER acknowledges that in the case of placing an order for booking, he fully and unconditionally accepts the terms of this Offer, regardless of how the order was made.
If CONTRACTOR has available rooms corresponding to the customer's application on the dates specified in the application, he sends the CUSTOMER a notification (booking confirmation) containing information about the name (brand name) of the contractor, the customer, the category of the ordered room and the price of the room, duration of stay in the hotel, and the conditions of booking, as well as other information determined by the contractor.
In this case, the Agreement is considered concluded from the moment the customer receives the booking confirmation.
2.1.2. To reject an order or change an order before receiving a booking confirmation from the CONTRACTOR.
2.1.3. To choose a payment method for your order from those offered on the website: https://kaleidoscophotel.com/.
2.1.4. To personally check your order details on your booking confirmation or application before booking hotel services. The CUSTOMER bears full responsibility for the accuracy and legality of the processing of the data specified by him when placing an order.
2.2. The CONTRACTOR has the right:
2.2.1. To require from the CUSTOMER to adhere to all procedures for ordering and booking hotel services strictly according to the rules set forth on the website and in this Offer.
2.2.2. To require the CUSTOMER to fully agree with the terms of the Offer. To refuse to provide services to the CUSTOMER without agreeing to the terms of the offer.
2.2.3. To disable and enable the booking service on the website, carry out maintenance work on the server and other equipment involved in making reservations at a convenient time, informing CUSTOMERS about this on the website: https://kaleidoscophotel.com/.
2.2.4. To provide the CUSTOMER with information about the hotel and payment methods.
2.2.5. In case of payment for the order through the payment terminal, provide the CUSTOMER with information about the amount of payment agreed with the payment systems involved in the process of booking hotel services.
2.2.6. To use the services of third parties to receive payments from the CUSTOMER.
2.2.7. To provide the CUSTOMER with an appropriate level of service, provide additional services in accordance with the application. Payment for additional services is made by the CUSTOMER according to the current price list of the CONTRACTOR.
2.2.8. To accommodate the CUSTOMER in the room according to the category indicated in the confirmed booking. If the CONTRACTOR is unable to provide the booked room, the CONTRACTOR provides a room of a higher category at no additional charge or undertakes to provide equivalent services without reducing the class of service in another hotel as agreed with the CUSTOMER. All additional costs are borne by the CONTRACTOR.
3. Obligations of the parties
3.1. The CUSTOMER is obliged:
3.1.1. To agree to the terms of this Offer.
3.1.2. Do not start placing an order without first reading the Rules of Residence. If the CUSTOMER has started placing an order, then the CONTRACTOR has the right to consider that the CUSTOMER is fully familiar and agrees with the Rules of Residence.
3.1.3. To indicate up-to-date contact and personal information when registering and placing an order (full name, phone number, e-mail address, citizenship).
3.1.4. To indicate and check when ordering the correctness of all the necessary data for ordering. In the case that the CUSTOMER refused to provide the necessary data, or the data turned out to be inaccurate, the CONTRACTOR has the right to refuse to accept an order.
3.1.5. To pay the full cost of the order within the time specified by the CONTRACTOR during the ordering process.
3.1.6. In case of payment for the order by bank card, use only the bank card belonging to the CUSTOMER. In order to avoid fraud, the CONTRACTOR has the right to check the payment and to resolve possible questions that have arisen, contacts the CUSTOMER. If the CUSTOMER is not available or the issue remains unresolved, the CONTRACTOR has the right to cancel the booking with a refund to the bank card of its owner.
3.1.7. In case of cancellation of the order (cancellation), immediately to inform the CONTRACTOR about this by phone: +7 (931) 228-27-26, +7 (981) 995-47-64 (Reservation Department) with further provision of written confirmation by mail: info@kaleidoscophotel.com.
3.1.8. Cancellation is considered accepted from the moment the CONTRACTOR receives a written confirmation of the cancellation. By canceling an order or rejecting an order, the parties mean a unilateral refusal to execute this Agreement, leading to its termination.
3.2. The CONTRACTOR is obliged:
3.2.1. To provide the CUSTOMER with the necessary information to place an order by posting the relevant instructions on the website: https://kaleidoscophotel.com/.
3.2.2. To provide the CUSTOMER with information about the hotel and methods of payment for services.
3.2.3. To confirm the booking not later than 3 (three) working days from the date of receiving the order, by sending a corresponding notification to the CUSTOMER, or provide a cancellation of the booking if there are no available rooms that meet the requirements of the application on the dates indicated in the application.
3.2.4. If it is impossible to book on the conditions stated by the CUSTOMER, to inform the CUSTOMER about this and to offer booking on alternative terms.
3.2.5. To accept payment for services from the CUSTOMER (including through third parties) after proper ordering and successful booking of hotel services.
4. Procedure for payments and payment terms
4.1. The CONTRACTOR uses dynamic pricing for accommodation services, and special offers (promotions) can also be introduced. Hotel rooms for accommodation of the CUSTOMER are provided at the rates indicated on the website: https://kaleidoscophotel.com/ at the time of receiving by the CONTRACTOR the order and specified in the booking confirmation.
4.2. Payment for accommodation services, as well as other additional services is made by the CUSTOMER are 100% prepayment. Additional services are those services that are not included in the room price.
4.3. Payment is accepted by the CONTRACTOR in cash at the cash desk or by bank transfer in one of the following ways:
· By credit card through the payment terminal;
· By direct debiting of funds from a bank card upon booking (card guarantee), including debiting from a virtual card;
• Via the website: https://kaleidoscophotel.com/.
4.4. When making settlements with the CUSTOMER, the CONTRACTOR issues a cashier's receipt or a document drawn up on a strict reporting form.
4.5. The CONTRACTOR is not a VAT payer due to the use of the simplified taxation system.
4.6. The hotel has a nightly payment for accommodation. Night of stay is calculated from 2 pm local time on the day of arrival until 12:00 noon local time on the next day.
4.7. For stays of less than a "night", established by clause 4.6., the fee is charged for a full night of stay, regardless of the check-out time.
4.8. In case of delayed departure of the consumer (late departure), the accommodation fee shall be charged in the following order:
- from 12.00 to 17.00 hours - payment for half a day;
- after 17.00 hours - payment for a full day.
4.9. If the CUSTOMER arrives earlier (early check-in), the payment for the earlier accommodation is charged in the following order:
- 2 hours before arrival, subject to availability - free of charge;
- 7 hours before arrival - 50% of the night cost.
4.9. If the CUSTOMER did not use the services included in the room price and / or additional services paid by him, for reasons beyond the control of the CONTRACTOR, the CUSTOMER has no right to demand from the CONTRACTOR a refund for such services or recalculation of its cost.
4.10. In the case of booking a room directly from the hotel at the Reception Desk without prior booking, the contract is considered concluded on the terms of this Offer from the moment the CUSTOMER takes actions aimed at receiving services, including the payment by the CUSTOMER of the cost of accommodation or other additional services of the CONTRACTOR.
4.11. During checking into the hotel, the CUSTOMER fills in and transfers to the CONTRACTOR a Guest Card, which contains information about the customer (last name, first name, patronymic (if any) of an individual and information about his identity document, issued in the prescribed manner), information about the room category, price rooms, number of rooms, period of stay at the hotel and other necessary information. The guest card becomes an integral part of this Agreement from the moment of its transfer to the CONTRACTOR.
5. Responsibility. Dispute Resolution
5.1. The CUSTOMER represents the interests of all persons accommodated in the room together with him and is personally responsible to the CONTRACTOR for the correctness of the information about them provided in the application.
5.2. The CONTRACTOR shall not be liable in the event of non-performance or improper performance of services on its own or on the part of third parties, arising from inaccuracy or insufficient information and documents provided by the CUSTOMER, as well as arising from other violations of the terms of this Offer by the CUSTOMER.
5.3. The CONTRACTOR shall not be liable if the CUSTOMER does not arrive at the hotel on the appointed day, as well as in case of refusal to check into the hotel due to the failure of the CUSTOMER or together with him to present the necessary documents, including an identity document, a child's birth certificate, migration card and visa of a foreign citizen, notarized consent of legal representatives (one of them) when checking into a hotel of minors and other necessary documents. A complete list of required documents is given in clauses 4.1.-4.3. of the Rules of Residence.
5.4. Violation of the requirements for the prohibition of smoking in the hotel rooms and its territory gives the CONTRACTOR right to charge the CUSTOMER the full cost of the damage caused by this violation, as well as compensation for special treatment of premises to remove the smell of tobacco in the amount of 5,000 (five thousand) rubles.
5.5. The CONTRACTOR is not responsible for the possible consequences of a visit to the CUSTOMER's room of third parties (visitors).
5.6. The parties will make every effort to reach agreement on controversial issues through negotiations. If it is impossible to reach an agreement in the negotiations, the arisen disputes are subject to consideration in the Nevsky District Court of the city of St. Petersburg.
5.7. For all issues not provided for in this Offer, the Parties are guided by the current legislation of the Russian Federation. All possible disputes arising from the provisions of the Offer will be resolved in the courts of the Russian Federation in accordance with the current legislation of the Russian Federation.
6. Modification and termination of the Agreement
6.1. This Agreement enters into force from the moment the CUSTOMER receives the booking confirmation, and when the CUSTOMER makes his / her accommodation without prior booking - from the moment the CUSTOMER takes actions aimed at receiving services.
6.2. This Agreement is valid until the parties fully fulfill their obligations.
6.3. The CONTRACTOR has the right to unilaterally refuse to execute the Agreement in the following cases:
a) a failure to submit identity documents, as well as other documents provided for in paragraphs. 4.1.-4.3. the Rules of Residence;
b) non-compliance of consumer documents with the requirements of the current legislation of the Russian Federation, including the Rules for the provision of hotel services in the Russian Federation, approved by the Decree of the Government of the Russian Federation of November 18, 2020 N 1853;
c) a violation by the CUSTOMER of Rules of Residence;
d) a violation by the CUSTOMER of fire safety requirements;
e) a late payment for the booked services by the CUSTOMER;
f) a violation of public order by the CUSTOMER;
g) a manifestations of aggressive actions against the staff of the CONTRACTOR and / or guests of the Hotel that threaten their personal safety, as well as threaten the safety of the property of the CONTRACTOR and / or third parties;
h) an alcoholic or drug intoxication of the CUSTOMER in the hotel, with the creation of interference for other guests;
i) property damage causing by the CUSTOMER or his visitors to the CONTRACTOR and / or third parties;
j) illegal actions by the CUSTOMER (offenses and / or crimes).
6.4. In case of loss or damage to the CONTRACTOR's property, the damage caused is subject to compensation by the CUSTOMER in full amount in accordance with the current legislation of the Russian Federation in the amount established by the price list for damage to the property of the Contractor on the day of drawing up the act of compensation for damage.
6.5. The CUSTOMER bears responsibility and compensates for real damage in case of violation of obligations under the Agreement.
6.6. For non-fulfillment or improper fulfillment of obligations under the Agreement, the CONTRACTOR is liable to the CUSTOMER as provided for by the legislation of the Russian Federation.
6.7. The CUSTOMER has the right at any time to refuse to execute the Agreement in case of full payment to the CONTRACTOR for the actual costs incurred by him, by which the parties understand the cost of services actually rendered to the CUSTOMER, rounded up to full nights upward, taking into account the conditions of cancellation of the booking specified in the booking confirmation, as well as website: https://kaleidoscophotel.com/.
6.8. The CONTRACTOR has the right to change the terms of this Agreement without prior notice. The CUSTOMER, knowing about the possibility of such changes, agrees that they will be made. If the CUSTOMER continues to use the services of the CONTRACTOR after such changes, this means his consent to them.
7. Data confidentiality and consent to its processing
7.1. The CUSTOMER is guaranteed the confidentiality of the data provided by them for the purpose of booking hotel services and its further provision.
7.2. The CUSTOMER is responsible for the confidentiality of his registration name (login) and password, as well as for all actions performed under this name (login) and password. The CONTRACTOR is not responsible and does not compensate for losses incurred due to unauthorized use by third parties of the CUSTOMER's identification data.
7.3. The CUSTOMER agrees to the CONTRACTOR for the processing of personal data specified in the order, as well as data provided upon check-in, bank card details and other information voluntarily transferred to the CONTRACTOR for the purpose of providing hotel and other additional services. The processing of personal data means any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, depersonalization, blocking, deletion, destruction of personal data. The CUSTOMER agrees to the transfer of his personal data to third parties for the purpose of migration registration / registration at the place of stay, receiving and sending bank payments, sending advertising and information messages. The consent is valid indefinitely and can be revoked by the CUSTOMER at any time on the basis of his written statement.