This Entertainment Services Agreement (the “Agreement”) determines conditions of participation in an entertainment event “City Pub Crawl” by a party accepting this Agreement (the “Participant”). The “City Pub Crawl” is a series of visits to several bars included in the program, guided by the Service Provider or a person instructed by the Service Provider (the “Guide”); the “City Pub Crawl” includes certain alcoholic beverages in each of the visited bars, contests and photography coverage (the “Event”).
For the purposes of the Agreement the Participant is any legally capable natural person above 18 years of age who accepts the conditions of this Agreement.
For the purposes of this Agreement the Service Provider is Oleg Igorevich Melnikov, a sole entrepreneur (state registration series 77 № 017545262 dated March 21th, 2017). The Service provider organizes the Event and participation of the Participant in the Event.
The Services provided to the Participant under the Agreement include and are limited to visits to bars included in the program guided by the Service Provider or the Guide and additional services included in the program (if included).
1.1. The Service Provider developed the Event program and undertakes to organize accompaniment of the Participant from the meeting point of the Participants of the Event, which is specified in a document (or electronic document) provided by the Service Provider after payment for the Event (the “Ticket”), to each of the bars included in the Event program. The Service Provider also undertakes to provide additional services included in the Event program including holding contests in one or several bars included in the Event program, photographing Participants during the Event, organizing provision of welcome beverages in bars included in the Event program, preparing a report of the carried out Event, posting the report on social media websites (VKontakte, Facebook, Instagram, YouTube) and providing the report to the Participant via email address indicated by the Participant when purchasing the Ticket.
1.2. The Service Provider has a right to change the Event program during the Event at their own discretion, including reducing the number of bars planned for visit, reducing the time allocated for visiting one or several bars, changing the order of visits to bars included in the Event program, and in any other way changing the time and the course of the Event, including in case the Participants violate their obligations under this Agreement.
1.3. The Service Provider is not liable for actions of administration or employees of bars included in the Event Program in case the Participant will not be admitted to a bar or be asked to leave the bar for reasons not connected to the Service Provider, including if the Participant violated a normal order of functioning of the bar or their actions сreated inconvenience for other visitors and (or) employees of the bar or trenched upon honor and dignity of other visitors and (or) employees of the bar or endangered safety, health or life of other visitors, Participants and (or) employees of the bar.
1.4. The Parties agree that the extent of liability of the Service Provider is limited to the amount paid by the Participant to the Service Provider and cannot extend that amount under any circumstances. The Service Provider is not liable when the damage inflicted on the Participant was caused by violation of the conditions of this Agreement by the Participant.
2.1. By agreeing to the conditions of this Agreement (by purchasing the Ticket) the Participant pays to the Service Provider for the chosen Event (the “Price”). The Price is determined by the rate that is in effect on the day of payment for the Event and the chosen Event program. The Payment of the Price is made by transferring all amount to the bank account of the Service Provider or by cash, depending on the chosen payment method. After transferring the Price when purchasing online, the Service Provider provides the Participant with a Ticket confirming the Participant’s right to participate in the Event. The Ticket is sent to the email address indicated by the Participant when purchasing the Ticket.
2.2. The processing of the payment (including transferring of a card number used to make the payment) when using a bank card to purchase the Ticket online is conducted via a protected webpage of a certified processing system. The confidential information of the Participant (the payer) is not accessible to third parties, including the Service Provider. The standard for protecting information that is used for processing the card data was developed and is used by international payment systems Visa and Mastercard (PCI DSS (Payment Card Industry Data Security Standard)). This standard ensures safe processing of the Participant’s (the payer’s) card data by using SSL (Secure Sockets Layer), Verified by Visa and Secure Code protocols and by using closed banking networks with a high level of protection. If the Ticket was purchased with a bank card, the return is made to the same card (account) used to purchase the Ticket.
2.3. The Price of the Event includes specific services included in the Program of the Event in which the Participant participates. These services include meeting the Participants at the specified time, accompanying them to bars according to the Event program, organizing interactive experiences and holding contests in the bars, help in getting welcome beverages (1 beverage per 1 Ticket in each bar), photography coverage of the Event, giving gifts to the best Participants and providing links to the Event report via email. Any additional expenses that are not included in the Price, including expenses for additional drinks, additional payment to waiters, bartenders and other employees of the bars, expenses for transportation are paid by the Participants at their own cost.
2.4. To begin participating in the Event the Participant has to be at the specified meeting point at the time indicated by the Service Provider.
2.5. The Participant agrees to compensate in full for the damage inflicted by them on the third parties or their property during the Event, including compensation for actual loss and loss of expected gain. The Participant also undertakes to compensate the Service Provider if third parties demand the Service Provider to compensate for the damage inflicted by the actions of the Participant.
2.6. The Participant has a right to, not later than 1 (one) day before the beginning of the Event, to opt out from participating in the Event by notifying the Service Provider in writing. The opt out is complete at the moment of receipt by the Service Provider of this written notice.
2.7. In case of opting out from participating in the Event the Service Provider returns the part of the paid Price to the Participant, reduced by the expenses of the Service Provider, including the expenses for involvement of contractors, in the amount of:
2.7.1. 90%, in case the Participant opted out from participating in the Event earlier than 5 days before the Event date;
2.7.2. 70%, in case the Participant opted out from participating in the Event later than 5 days before the Event date but earlier than 3 days before the Event date;
2.7.3. 30%, in case the Participant opted out from participating in the Event later than 3 days before the Event date but earlier than 1 day before the Event date.
2.8. The return is handled by method specified by the Participant in the written notice. In case the Participant chooses the return to a bank card, the amount is returned to a bank card used for the payment, reduced by the expenses of the Service Provider for bank fees.
3.1. The following is not permitted during the Event:
3.1.1. committing acts (by themselves or together with other Participants) against the Guide (accompanying person), other visitors of the bar, employees of the bar that trench upon their honor and dignity, including provocative acts, violent acts, sexual acts as well as acts сonsisting of requesting or coercing (including psychologically) to strip or demonstrate other things that are not included in the Event program;
3.1.2. damaging property located in bars including the property of other visitors and the property of the Service Provider and (or) the Guide (accompanying person) that is used during the Event;
3.1.3. continuing participating in the Event after reaching a stage of alcoholic intoxication that indicates inability of the Participant to adequately conduct themselves during the Event;
3.1.4. consuming alcoholic beverages if the Participant has any medical contraindication against consuming alcoholic beverages or other conditions that inhibit the Participant from participating in the Event, including contraindications and conditions that the Service Provider has not been informed of;
3.2. During the Event the Participant must follow instructions of the Guide and stop consuming alcoholic beverages if there is a risk of reaching a stage of alcoholic intoxication that can inhibit the Participant from adequately conducting themselves and observing all of the obligations under this Agreement.
3.3. Violation of the obligations under this Agreement by the Participant, including requirements for conduct, can lead to cancellation of the Event, as well as for the Guide to ask the administration of the bar or its employees to remove the Participant from the bar or to appeal to law enforcement, depending on the nature of the committed acts and the amount of inflicted property damage, physical and (or) psychological harm.
3.4. The Service Provider is not liable for actions of administration or employees of bars included in the Event Program in case the Participant will not be admitted to a bar or be asked to leave the bar for reasons not connected to the Service Provider, including if the Participant violated a normal order of functioning of the bar or their actions сreated inconvenience for other visitors and (or) employees of the bar or trenched upon honor and dignity of other visitors and (or) employees of the bar or endangered safety, health or life of other visitors, Participants and (or) employees of the bar.
4.1. When purchasing a Ticket in accordance with the Entertainment Services Agreement for the City Bar Crawl displayed on the website, the users, using a special form, provide personal data (name, email address, phone number) to Oleg Igorevich Melnikov, a sole entrepreneur (state registration series 77 № 017545262 dated March 21th, 2017), and agree to the following rules for its processing set by the website administration.
4.2. Personal data of the users that has become accessible to the website administration in the process of purchasing the ticket for the Event by using a special form is subject to processing by the website administration for the following objectives:
4.2.1. fulfilling obligations under the Agreement;
4.2.2. contacting the user, including sending notices, requests and information on organization and conducting of the Event, as well as processing of requests, applications and information from the user;
4.2.3. carrying out analytical, statistical, marketing and other types of research;
4.2.4. distributing among users information on the Event, activities of the website administration and their partners, including advertisements.
4.3. For the processing of personal data for the specified objectives the website administration has a right to disclose the user’s data to the third parties that are involved by the Service Provider in the Event organization and carrying out, including the Guides that accompany the Participants during the Event.
4.4. The website administration protects confidentiality of the user’s personal data, excluding the user’s account data that becomes accessible to everyone after registration of the user (login, name, last name, photo, date of the visit [other, if applicable]).
4.5. The disclosure of the user’s data received by the website administration is permitted in the following cases:
4.5.1. the disclosure is necessary in accordance with applicable laws and (or) needed in accordance with a decision of an authorized authority.
4.5.2. the data is disclosed to third parties involved by the website administration for the website maintenance, and for observing obligations under the Agreement.
4.5.3. the disclosure is needed for protecting rights and legal interests of the user, other users, the website administration and third parties.
4.6. The user is notified about the disclosure of their personal data to third parties if the website administration has technical ability to notify the user using the contact details provided by the user.
4.7. The website administration performs all actions necessary in accordance with the applicable laws to protect the user’s personal data specified above. The personal data, excluding the personal data displayed on the website for the purposes of its use by the users and data accessible to everyone, can only be accessed by authorized employees of the website administration, authorized employees of contractors and partners of the website administration.
5.1. This Agreement comes into force at the moment of its acceptance by the Participant, and is valid until the Event is finished or prematurely finished in accordance with the Agreement, excluding the conditions on damages that are valid until the Party that has a right for compensation receives such compensation from the other Party.
5.2. The Parties agree that the applicable law for the legal relations under this Agreement is the law of the Russian Federation. All disputes resulted from this Agreement are resolved in a judicial body at the location of the Service Provider.
5.3. The Participant agrees that the Service Provider has a right to unilaterally abandon the performance of the Agreement in case the Participant violates the obligations under this Agreement, including the requirements of the conduct.
5.4. The Participant, having read the Agreement and agreed to its conditions, including having purchased the Ticket, undertakes the rights and obligations under this Agreement.
5.5. This Agreement displayed on the website owned by the Service Provider is a public offer in accordance with Art. 437 of the Russian Civil Code.
Name City Pub Crawl
Address Musi Djalila 26/1, 95
Bank Holder name «AVANGARD» Joint Stock BANK