This Public Offer (hereinafter also referred to as the Rules) determines the terms of the Agreement for the organization by the Agent of the provision of entertainment services to the Client, concluded by the Client by joining the terms of the Agreement set forth in the Rules, by purchasing a Gift Certificate.
Unless otherwise specified, the definitions and terms used in this Public Offer (rules for organizing entertainment services) apply in the following meanings:
1.1. Gift certificate (hereinafter also referred to as the Certificate) is a document containing a unique activation code confirming the right of the Client - the owner of the Certificate to provide him with one entertainment service specified in the Certificate. If the certificate provides for the possibility of choosing between several entertainment services, the Client has the right to provide him with one service from the list of services contained in the Certificate at the choice of the Client. The certificate is not an electronic means of payment in accordance with applicable law.
1.2. The Client is an individual who is the owner of the Certificate.
1.3. Agent Xpresent
1.4. Contractor (Principal) - a person on whose behalf and at whose expense the Agent acts on the basis of the concluded agency agreement, which is the direct provider of entertainment services in accordance with the provisions of paragraph 3 of clause 1 of Article 1005 of the Civil Code of the Russian Federation.
1.5. Organization of the provision of entertainment services - the activities of the Agent on behalf and at the expense of the Contractor (Principal) for the sale of Gift Certificates, accepting applications from Clients, verifying the authenticity of Certificates, advising Clients when choosing entertainment services by explaining the specifics of the provision of a particular service; providing detailed information about the selected entertainment service and the Service Provider and warning about the restrictions and risks associated with the provision of the service, agreeing with the Client and the Provider on the date, place and program of entertainment services.
1.6. Provision of entertainment services - the activities of the Contractor for the direct provision of entertainment services to the Client.
2. GENERAL PROVISIONS
2.1. The Agent organizes the provision of entertainment services to the Client. The Agent acts on behalf and at the expense of the Contractors who directly provide specific services selected by the Client.
2.2. The list of entertainment services is given in Appendix No. 1 "List of entertainment services" to these Rules.
2.3. The provision of services is carried out on the basis of the "Rules for the provision of services" developed by the Contractor and binding on the Client.
2.4. The conclusion of the Agreement for the provision of entertainment services is carried out by acquiring a Certificate. By purchasing the Certificate, the Client accepts all the conditions specified in these Rules for using the certificate without any reservations.
2.5. If the Certificate provides for the possibility for the Client to receive one of two or more services, the right of choice belongs to the Client.
2.6. The Agent proceeds to organize the provision of the service after receipt of the relevant application from the Client and notification by the Client of the Certificate number and activation code of the Certificate.
2.7. From the moment of receipt of an application from the Client for the provision of a specific service, the obligation ceases to be alternative and the replacement of the service chosen by the Client with another is possible only by agreement with the Contractor.
3. RIGHTS AND OBLIGATIONS OF THE AGENT
3.1. Agent Responsibilities:
3.1.1. As soon as an application for the provision of entertainment services is received from the Client, organize the provision of such services by agreeing with the Client and the Contractor on the date, place and program of entertainment services;
3.1.2. Advise the Client when choosing services by explaining the features of the provision of a particular service; providing detailed information about the selected entertainment service and the Service Provider; warnings about restrictions and risks associated with the provision of services related to age, health status, psycho-emotional characteristics of the client, etc.;
3.1.3. Inform the Client about the content of the Rules for the provision of the service chosen by the Client by informing where the Client can read the Rules for the provision of services. The Agent is considered to have fulfilled his obligation to inform the Client about where he can get acquainted with the Rules for the provision of services, if such information is contained in the Certificate (or on the packaging of the Certificate);
3.1.4. Fulfill other obligations stipulated by these Rules and the terms of the Agency Agreements with Contractors;
3.1.5. The Agent guarantees that he is an authorized person of the Contractors and has the rights necessary to organize the provision of Services to Clients in accordance with the terms of agency agreements concluded with the Contractors.
3.2. Agent rights:
3.2.1. Receive from the Client information about the purchased Certificate, namely: the date and place of purchase of the Certificate, as well as the name of the dealer (in the case of purchasing the Certificate from an authorized dealer);
3.2.2. Upon receipt of an application, require the Client to provide the Certificate number and the personal code specified in the Certificate, necessary for its activation of the Certificate;
3.2.3. When the Client chooses a specific entertainment service, ask the latter for information about his state of health and the presence of medical contraindications for a specific entertainment service in accordance with the Rules for the provision of entertainment services and the requirements set by the Contractor (Principal) for the Client;
3.2.4. Terminate the provision of the Services or refuse to provide the Services to the Client in case of revealing the presentation of a false Certificate and / or a personal code for activation;
3.2.5. If the Client reports to the Contractor that he has medical contraindications to a particular entertainment service, offer the provision of another entertainment service, if the Client refuses to replace the entertainment service, stop providing the Services or refuse to provide the Services to the Client.
3.2.6. Change the list and programs of entertainment services, as well as the Contractors directly providing entertainment services. In the event of a change in the list or program of entertainment services after the Client has acquired the Certificate, the Contractor arranges for the provision of other entertainment services to the Client and (or) under other programs, or with other Principals with whom the Contractor has concluded an appropriate agreement.
4. RIGHTS AND OBLIGATIONS OF THE CLIENT
4.1. Client Responsibilities:
4.1.1. When placing an application for organizing the provision of entertainment services, inform the Agent of the activation code of the Certificate;
4.1.2. At the request of the Agent, provide information about the purchased Certificate specified in clause 3.2.1. of this Agreement;
4.1.3. Familiarize yourself with the Rules for the provision of entertainment services;
4.1.4. If there are circumstances that prevent the provision of services to the Client by virtue of the Rules for the provision of services (if there are diseases, other contraindications, including medical ones, age restrictions, etc.) - inform the Agent about such circumstances when placing an application;
4.1.5. Comply with the Rules for the provision of entertainment services and strictly follow the instructions and instructions of the responsible persons of the Contractor before, during and after the provision of the service;
4.1.6. Immediately before the start of the provision of services at the location of the Contractor, re-read the Rules for the provision of services, and in case of restrictions, immediately report such restrictions to the Contractor;
4.1.7. Perform other duties stipulated by this Agreement.
4.2. Client's rights:
4.4.1. Require the Contractor to properly and timely provide the Services under this Agreement;
4.4.2. Make a choice of any entertainment service from the entertainment services listed in the List of entertainment services. In the event of a change in the List of entertainment services, programs of entertainment services, Contractors providing entertainment services, after the purchase of the Certificate, the Client has the right to require the Contractor to replace the selected entertainment service (program) with another entertainment service of the Contractor (Principal).
4.4.3. Get all the necessary information about entertainment services and programs, as well as about the Contractors directly providing such entertainment services.
4.4.4. Agree with the Contractor through the Agent any convenient time and date for the provision of entertainment services in accordance with the Rules for the provision of entertainment services and the schedule of the Contractor;
4.4.5. Require the Agent and the Contractor to comply with all conditions in accordance with the Rules for using the certificate and the Rules for the provision of entertainment services, respectively.
5. GIFT CERTIFICATE. COST OF SERVICES AND PROCEDURE OF PAYMENTS
5.1. Payment for services by the Client is carried out by purchasing a Gift Certificate.
5.2. The Gift Certificate is produced by the Agent on paper or in the form of an Electronic Gift Certificate.
5.3. A gift voucher may include the option to choose between several entertainment services. The right to choose a specific service from the list of services provided by the Gift Certificate belongs to the Client (alternative obligation).
5.4. A gift certificate gives the Client the right to provide him with 1 (One) service for 1 (one) of the proposed Programs established by the Contractor.
5.5. The Gift Certificate contains a unique activation code, which is protected by a scratch layer on paper, and when purchasing an Electronic Gift Certificate, it is sent to the Client via SMS.
5.6. The gift certificate is valid for 1 (One) year from the date of its purchase. If the Certificate has not been activated and the entertainment service has not been provided within the specified period, such Certificate shall be invalidated and the Contractor shall not provide the Services under this Agreement.
6. PROCEDURE FOR PLACING AN APPLICATION AND AGREEING THE PROVISION OF ENTERTAINMENT SERVICES
6.1. After purchasing the Certificate, reading and agreeing to the terms of these Rules for using the Certificate, the List of entertainment services, the Rules for the provision of entertainment services and other annexes to the Agreement, as well as other advertising and information materials, the Client erases the protective layer applied to the Certificate card. Under the protective layer there is a personal activation code for the Certificate, which must be reported to the Contractor when placing an application.
By erasing the protective layer, the Client confirms that he is familiar with these Rules, agrees with all its conditions, as well as with the restrictions established by the Rules for the provision of entertainment services, and joins the conditions defined by these Rules, thereby entering into an Accession Agreement.
6.2. After selecting the entertainment service of interest from the List of entertainment services, the Client contacts the Agent through a special form on the Agent's website www. xpresent.ru to place an application for organizing the provision of entertainment services. Multi-channel phone numbers are indicated on the Certificate card and on the website: www. xpresent.ru.
6.3. The Agent's employees accept and process applications from 10:00 to 19:00 every day except Sunday.
6.4. The Agent is obliged to coordinate the Client's application with the Contractor within five days from the moment of its receipt during business hours. In case of receipt of the application during non-working hours - within six working days from the date of submission of the application. The agent is obliged to organize the actual provision of the service according to the current free schedule of the contractor.
6.5. After agreeing the application with the Client and the Contractor, the Client undertakes to arrive at the agreed time at the place of provision of entertainment services.
6.5.1. If the Client fails to arrive at the agreed time, he is obliged to notify the Contractor about this in order to agree on the transfer of time within a reasonable time, but not less than 24 hours before the agreed time for the provision of entertainment services, unless otherwise provided by additional rules when recording an impression .
6.5.2. If it is impossible to provide the service for reasons beyond the control of the Contractor (organizational, technical, weather and other) reasons, the Contractor has the right to unilaterally refuse to provide the organization of entertainment services, informing the Client about this at least 3 (Hours) hours before the appointed time for the provision of entertainment services. services, and undertakes to provide other options for the dates for the provision of the entertainment service, and if it is impossible to organize the provision of the entertainment service chosen by the Client, to replace it with another entertainment service.
6.6. If the Client did not appear for the provision of entertainment services and did not warn the Contractor about this in advance in the manner prescribed in clause 6.5.1. of these Rules, the Certificate is canceled and considered invalid, and the Client's right to receive services under the Certificate is terminated.
6.7. In the event that the date and time of the provision of entertainment services by the Client is postponed more than 2 (Two) times, the Contractor has the right to unilaterally refuse to provide the Services and withhold the cost of the Certificate in order to cover the incurred losses associated with the preparation, organization of the provision of services, booking time, agreed with the client.