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Terms of service
1. General terms

1.1. The following terms and definitions shall be used in this document and in relations between the Parties arising out of or in connection with it:

a) Service – complex of services provided through the Website.
b) Website – automated information system available in the Internet at the following domain (including subdomains): www.sabai.tv.
c) User – лa legally capable individual who has joined this Agreement for his own interest or acting on behalf and for the benefit of a legal entity he/she represents in accordance with the applicable laws and the following Agreement.
d) Status – is a set of the Website features selected by the User at the User’s sole discretion from among the options suggested by the Legal owner.
e) Partner – – user who is registered at the Website in the status of Partner and who have the intention to use / is using / used previously functional capabilities of the Website and / or provided on its basis Customers Search, Reservation and Interim Payment on Service Provider’s account.
f) Customer – user who is registered at the Website in the status of Customer and who have the intention to use/is using/ used previously functional capabilities of the Website and / or provided on its basis Customers Search, Reservation and (if needed) Interim Payment.
g) Holiday-maker/Vacationer – is a Customer or an individual named above, acting as the beneficiary of Services of the Contractor in case of their purchase on the basis of a separate transaction with the Contractor.
h) Transaction – all contracts concluded between Partners and Customers on terms and conditions that are absolutely determined by themselves after Booking.
i) Content – any informational materials, including text, graphics, audio-visual and other materials, which can be accessed with the use of Service.
j) Personal account – personalized section of the Website to which the user can access after registering and/or authorization to the service. Personal account is designed to store users’ personal data, to view and manage the available functionality of the Website and / or any Service provided on its basis.
1.2. Additional Definitions. Other capitalized terms defined elsewhere in this Agreement and not defined in this Article 1.1 shall have the meanings assigned to such terms in this Agreement in the sections set forth below. In the absence of unambiguous interpretation of the term and definition in the text of the Agreement one should be guided by interpretation identified: primarily in specified therein binding instruments, secondly – in the legislation of Russian Federation and subsequently – in business practice and scientific doctrine.
1.3. Your use of the Website and / or any Service provided on its basis in any manner and in any form within the scope of its declared functionality, including:

• review of materials placed on the Website (Content);
• registration and/or authorization on the Website;
• placement and providing access to the Content of the Website, including placement of hypertext links to it;
• any other use of the Website and/or any Service provided on the basis of the Website,

shall form a contract on the terms of this Agreement and mandatory to the Parties specified therein documents in accordance with st.437 and 438 of the Civil Code of the Russian Federation.
1.4. By using any of the above opportunities to use the Service, you confirm that:
a) You have read the terms of this Agreement and specified therein documents in full prior to the beginning of use of the Website and / or any Service provided on its basis.
b) You accept all conditions of this Agreement and specified therein documents in full, without any subtractions and limitations on your part and commit to observe them or cease using the Service. If you disagree with the terms of this Agreement and / or specified therein documents or you do not have the right to make an agreement on their basis, you should immediately terminate any use of the Website and / or any Service provided on its basis.
c) The Administration may alter the Agreement (including any part of it) and / or specified therein documents without any notice. The new version of the Agreement and / or specified therein documents shall enter into force upon publishing on the Administration Website or upon bringing to the attention of the User in another convenient form unless otherwise stated in the new version of the Agreement and/or specified therein documents.
2. General Terms of Services Use

2.1. The Obligatory condition of the following Agreement shall be the User’s full and unconditional acceptance of the Agreement and expressed agreement to adhere to its conditions and adherence defined by the following documents (“Required Documents”):
a) Privacy policy, the Privacy Policy placed and / or available on the Internet at http://sabai.tv/agreements/?lang=en#tab2, which contains the rules for provision and use of confidential information, including User’s (as well as other beneficiaries of Services) personal data.
b) Rules for conclusion of agency agreement, placed and/or available on the Internet at http://sabai.tv/agreements/?lang=en#tab4 and considered an essential instrument for the Parties in case of User’s registration, registered as a Partner, Orders to secure the booking, and (if necessary) making interim payments by Customers.
c) Booking rules – placed and / or available on the Internet at: http://sabai.tv/agreements/?lang=en#tab3 obligatory conditions for the booking procedures with the use of Service.
2.2. Use of the Website and / or any Service provided on its basis in a restricted part of viewing the content is possible without passing the User pre-registration and / or authorization on the Website.
The remainder of the use of functionality of the Website and/or any Service provided on its basis is allowed only after passing through the User’s registration and / or authorization in the Service in accordance with the rules established by the Legal owner.
2.3. The list of functional features, the use of which requires preliminary registration and / or authorization, and in some cases – provision of additional information and documentation, shall be determined at the sole discretion of the Administration and may from time to time change.
2.4. When using the Website and / or provided on its basis Service the User agrees to provide accurate and complete information about himself prompted by the Service in the registration form and / or authorization in the Service when placing orders or making bookings with the use of its software, and if necessary to keep this information up to date. If the user provides incorrect information or the Copyright Holder has reason to believe that the information he provides is incomplete or incorrect, Legal owner has the right at its sole discretion to block or delete the user’s personal account, as well as to deny the user in reviewing of the placed Orders, reservations, and other use of Service in full or in a specific part.
2.5. ПLegal owner reserves the right at any moment to require the user to confirm the information specified in the registration, placing of Order or booking and request in this context any confirming documents (such as identity documents, registration certificate and other constituent documents of organizations and businesses), failure of which, at the discretion of the Legal owner, can be equated to the provision of false information and lead to the consequences specified in Article 2.4. of the Agreement.
2.6. In case the user data specified in the documents provided by the User do not correspond to the data provided during registration, as well as in the case when data specified during registration do not allow to identify directly the User – Legal owner is entitled to apply the measures specified in Article 2.5. of the Agreement.
2.7. Technical, organizational and commercial conditions of use of the Website and / or any Service provided on its basis may be reported to the User by means of separate placement on the Website or by notifications to the Users.
2.8. Legal owner shall have the right to set limits and to introduce other technical restrictions on the use of the Website and / or any Service provided on its basis, which from time to time will be communicated to the Users in a form and manner of selected by the Legal owner.
3. User warranties

By accepting the terms of this Agreement, you represent and warrant that:
3.1. You have all the necessary rights, and are authorized, to enter into the Agreement for the use of the Website and / or any Service provided on its basis and its implementation;
3.2. You are going to use of the Website and / or any Service provided on its basis solely for the purposes authorized by this Agreement, in compliance with its provisions, as well as the requirements of applicable law and generally accepted practices;
3.3. You will not engage in any activities that are in conflict with or that impede the provision of the Website and / or any Service provided on its basis (or that impede the functionality of related hardware, networks, or software that runs the Service);
3.4. Your use of the Website and / or any Service provided on its basis for specific purposes does not violate the property and/or the rights of third parties or any prohibitions and restrictions imposed by applicable law, including without limitation any copyright or related rights, trademarks, service marks and appellations of origin, industrial design rights, rights to use images of people, living or dead, etc. You have obtained all necessary approval from the relevant persons in connection with the use of any materials that you place on of the Website and they do not contain information and/or images that are offensive or that advocate violence, pornography, drugs, racial or ethnic hatred, etc.
3.5. The Partner further confirms and guarantees:

• Provide complete and accurate information about himself and the services of the Contractor;
• Processing of received within the framework of Service Customers’ and / or Vacationer’s personal data strictly in accordance with the applicable law and the Privacy Policy.
• Compliance of the order and conditions of providing the Service to the Contractor with the current legislation.

3.6. The Customer further confirms and guarantees:

• He has actual authority to make reservations or interim payment independently or on behalf of the Vacationers;
• Customer’s and / or represented by him or her Vacationers’ Adherence to the following Agreement and specified therein binding instrument;
• To ensure the full implementation of the sole control and acceptance of responsibility for the actions of Vacationers;
• •He has have all the necessary rights, including, if necessary, obtaining of the written consent of the Vacationer for processing of personal data in accordance with the terms of the Agreement and specified therein binding instrument.

4. License to use of the Content

4.1. By accepting this Agreement, you gratis to the Legal owner a simple (non-exclusive) license to use the Content that you add (post or broadcast) on the Legal owner’s Website.
4.2. This simple (non-exclusive) license to use the Content is provided to the Legal owner simultaneously with the posting of your content on the Legal owner’s Website for the duration of the exclusive rights to the objects of copyright and (or) related rights, forming a content, for use in all countries of the world.
4.3. As part of this provided to the Legal owner simple (non-exclusive) license he is permitted to use the Content in the following ways:

• to reproduce the Content, i.e. to create one or more copies of the Content in any material form, and to record them in the memory of an electronic device (right to reproduce);
• to distribute copies of the Content, i.e. to provide access to the Content reproduced in any material form, including network or other ways, and by selling, leasing, renting out, loaning out, including importing for any of these purposes (right to distribution);
• to publicly show the Content (right to public show);
• to publicly perform the Content (right to public performance);
• to publish the Content so that any person may have the access to it in the interactive mode from any place and at any time and their own discretion (right to publicize);
• to modify the Content, i.e. to remake or otherwise redesign the Content, including its translation to other languages (right to modify).
• to reassign all or part of the rights received to third parties (right to sublicense).

4.4. In the absence of objects of copyright or related rights under the Agreement you agree to provide the Content to the Legal Owner data and other informational materials – for use in any manner, including the ability of recording, systematization, accumulation, storage, clarification (renewal, change), extraction, use, depersonalization, blocking, deletion, destruction of data transmission (distribution, provision of any third persons for the implementation of any action) at the sole discretion of the Legal owner.
5. Limitations

By accepting this Agreement, you understand and acknowledge that:
5.1. Consumer protection law will not be applicable to the relationship between the Parties for the provision of the Service on a grant basis.
5.2. Use of the Website and / or any Service provided on its basis is provided “as is”, so you do not have any guarantees of: the Website and / or any Service provided on its basis meeting your requirements; being provided continuously, quickly, reliably and without errors; results that may be received using the Website and / or any Service provided on its basis to be accurate and reliable; quality of any product, service, information and other Content obtained with the use of Service provided on its basis meeting your expectations; all errors in the software of the Website being corrected.
5.3. Since the Website is subject to continuous process of updating and adding new features, the form and nature of the Service may be changed from time to time without prior notice to the User. The Administration shall have the right at its own discretion to terminate (temporarily or finally) access to the Service (or certain individual features of the Service) for all Users in general or you, in particular, without prior notice.
5.4. In particular, it is prohibited for you to use the Website and/or any Service provided on its basis to:

• copy (reproduce) in any form or manner such parts of the Legal owner’s Website as: computer programs and database, including any of their elements and content, without receiving prior written consent from the owner;
• hack technology, emulate, decompile, disassemble, decrypt, and perform other similar actions with the Website;
• Create derivative software products and / or services on the basis of the Website and / or provided on its basis Service without prior permission.

5.5. The Legal owner shall not review the order and conditions of provision of Contractor Services, bargaining powers of the parties to conclude the transaction and the subsequent performance of, and compliance with the conditions of the Transaction requirements of current legislation.
All relationships related to the selection, organization and provision of services of the Contractor, including payment procedures arise directly between the partners and customers within the framework of the transactions. Legal owner is not a party to the transaction; he does not control and is not responsible for the actions of partners, customers, or vacationers.
All complaints regarding the organization and provision of services of the Contractor, as well as fulfillment of other conditions of the transactions shall be resolved between the parties on their own without the participation of the Legal owner.
5.6. The legal owner has no connection to the content provided by users on the website, and does not check the contents, authenticity and security of such Content or of its components, as well as its compliance with the requirements of the applicable law, and whether the user has the necessary volume of rights for its distribution and/or use.
All responsibility for the contents of such Content and its compliance with the requirements of the applicable law shall be held by the person who created the content and / or added it to the website of the Legal owner.
5.7. In particular, it is prohibited for you to use the Website and / or any Service provided on its basis to:

• place and/or distribute counterfeit Content;
• place and/or distribute pornographic Content, promote pornography or child erotic, advertise sexual services;
• place and/or distribute any prohibited information, including extremist materials and materials aimed at infringing rights and freedoms of people based on racial and national parameters, confession, language, gender, provoking violence against people or animal abuse, calling for other illegal actions, including explaining the ways of producing and use of weapon, narcotic substances and their precursors etc.;
• place false information discrediting the honor, dignity or business reputation of third parties;
• mostly or exclusively place links to other websites;
• commit other illegal activities: disclose personal data or other private information about third parties; access to disclosed computer information; place, store, distribute or otherwise providing access to computer viruses, Trojans or other malware; violation of rules of operation of storage facilities, processing or transmission of computer information and telecommunications networks; organization of gambling, lotteries and other enabling activities violating the applicable law.

5.8. If you discover an instance of infringement of your rights and/or interests concerning provision of the Service, including by placing the Content by another User, please inform the Administration. For this, you would need to send the Administration a written notification with a detailed description of violation circumstances and a hyperlink to the Website page containing materials infringing your rights and/or interests.
5.9. You are solely responsible for any violation of the obligations set forth in this Agreement and / or applicable law, and for all the consequences of such violations (including any loss or damage which may be incurred by the Legal owner and other third parties).
5.10. Should claims from third parties arise with regard to the breach of any property and/or personal non-property rights, as well as legal prohibitions or limitations you must, at the Administration request, pass a formal identification, promising the Administration to settle the claims by yourself and at your expenses, indicating your passport details to supply such information to the claimant.
5.11. Due to the legally set responsibility for information broker for placing and provision of access to illegal Content, the Administration reserves the right to immediately delete any Content from the Website. The Administration shall not be obliged to notify the User about deleting the Content or settle the possible dispute or pay losses compensation due to the above actions.
5.12. In the event of a multiple or gross violations of terms of this Agreement, the License Agreement and/or legal requirements, the Administration reserves the right to completely block your account, delete it or otherwise limit (terminate) the Service provision.
5.13. If the Administration is held liable or awarded a punishment due to your infringements of rights and/or interests of third parties, as well as legally set prohibitions or limitations, you shall have to compensate the Administration losses in full.
5.14. The Administration shall not be held liable for your infringements and for any harm or losses you have sustained under the above-stated circumstances.
5.15. Under any circumstances, the Administration liability is limited to one thousand RUR (1,000) and shall only be imposed if the Administration is guilty due to its actions.
6. Notifications

6.1. You hereby agree to receive the Administration information electronic messages (hereinafter referred to as “the notifiers”) to the email address you have specified in your profile on the Website about important events taking place within the framework of the Service, in connection Customer’s orders, bookings or proceeding with an interim payment.
6.2. The Legal owner hereby undertakes to use notifiers solely for the purpose of informing the User about the new capabilities of the Website and / or any Service provided on its basis and/or changes of the Agreement or referred to therein binding instrument.
7. Electronic/Digital Signature Agreement

7.1. A simple electronic/digital signature can be used with any kind of relationship between the Legal holder and Website/Service users.
7.2. A Simple electronic signature is an electronic signature, which is by the use of username and password, or specified at use of service users’ email address (e-signature key) confirms that electronic signature is performed directly by the user.
7.3. Under the agreement of Parties any electronic documents, signed by a simple electronic signature, shall be recognized as equivalent to paper documents, signed by the handwritten signature.
7.4. The legal owner specifies the user, which corresponds to a simple electronic signature according to the user name and password, specified during registration / or authorization at the Website – in the case of any actions on the use of the Service, either User’s e-mail address – in case the Legal owner receives any messages from this address.
7.5. Any actions performed with the use of a simple electronic signature of a specific user shall be recognized as performed directly by the user.
7.6. The User agrees to respect the confidentiality of electronic signature key. In particular, the user has no right to transfer his or her username and password, or to provide access to his or her e-mail to third parties, and takes full responsibility for their safety, and individual use, independently choosing the best method of storage and limitation of access to them.
7.7. In the event of unauthorized access to the login and password, their loss or disclosure to third parties The User shall immediately notify the Legal owner by sending an e-mail from the specified on registration e-mail address.
7.8. In case of loss or unauthorized access to the email address specified when using the Service, the User must immediately replace it with a new address and to report on this fact to the Legal owner by sending an e-mail from the new email address.
8. Other Conditions

8.1. Registered User shall independently determine conditions and procedure for using of their account/profile; however they may under no circumstances contradict this Agreement.
8.2. Applicable legislation. This Agreement, its conclusion and execution as well as all matters not regulated hereby shall be governed by the current legislation of the Russian Federation.
8.3. Arbitration Court. All disputes arising out of or in connection with this Agreement are subject to jurisdiction of courts at the Administration’s location in accordance with the current procedural law of the Russian Federation.
8.4. Amendments. The Administration may unilaterally amend or terminate this Agreement without prior notice and without payment of any compensation to the User.
8.5. Version of the Agreement. The current version of this Agreement is available on the Administration Website at: http://sabai.tv/agreements/?lang=en#tab1
8.6. Details of the Legal owner:
Sabai Co. Ltd.
670047, Republic of Buryatia, Ulan-Ude, Sakhyanovoy st., 9, office 202.
BIN: 1140327009118,
TIN: 0323375800, CRR: 032301001
email: info@sabai.tv

Version as of 09 January 2015.
Terms of service has been drawn up by the legal company IT-LEX

Privacy Policy

This document, Privacy Policy, (hereinafter referred to as Policy) represents rules for the use of User’s personal information by LLC “Sabai” (hereinafter referred to as the Right Holder).
1. General Terms

1.1. This Policy is an unalienable part of the User Agreement (hereinafter referred to as Agreement) that is posted and/or accessible on the Internet at the address http://sabai.tv/agreements/?lang=en#tab1, as well as of other contracts made with the User or between the Users of the Agreements (Transactions) when it is directly stipulated in their provisions.

1.2. By entering in this Agreement you provide, freely, willingly and in your own interest, your written consent for processing of the following types of your personal data: recording, systematization, storage, holding, detailing (updating, changing), retrieval, use, transfer (dissemination, allotment, access), anonymization, blocking, removal, deleting, all for the purposes established by this Policy with or without the use of automation tools at the discretion of the Right Holder.

1.3. This Policy, including interpretation of its provisions and the procedure of their acceptance, performance, changing and termination, must be executed in accordance with the legislation of the Russian Federation.

1.4. The Policy uses hereinafter terms and definitions as per Agreement as well as per other contracts made with the User, unless otherwise stipulated by this Policy or follows from its subject matter. In other cases, the interpretation of a term used in the Policy is as per the current legislation of the Russian Federation, normal business and scientific practices..
2. Personal Information

2.1. For the purpose of this Policy Personal information is described as follows:

2.1.1. Information that the User provides by his own volition, during registration or authorization as well as in the process of ongoing use of the Service, including personal data of the User and / or the person they purported to represent.

2.1.2. Data which are transferred automatically, subject to specific User software configuration in anonymous form.

2.2. The Right Holder reserves the right to establish requirements to the User’s mandatory Personal data which must be provided for using the Service. If some data was not marked by the Legal Owner as mandatory, the User can provide or disclose it at his own volition.

2.3. Upon registration the User is required to indicate his name (nickname), e-mail address and password.

The above information does not apply to personal data.

In addition, in order to execute the concluded Agreement, the User can also provide the following personal data about himself: his surname, first name, middle name and telephone number.

2.4. The Legal Owner shall not check the veracity of the Personal information provided and the availability of the User’s consent to process it in accordance with this Policy, assuming that the User acted in good faith, circumspect and makes every effort for keeping such information current and obtaining necessary consents from all the personal data subjects.

2.5. The User understands and accepts the use of third party software on the Site of the Right Holder, with the result that such parties can receive and transmit data specified in clause 2.1.2 in anonymized form.

This third party software includes data collection systems to provide detailed statistics of Facebook visits, Google Analytics and Yandex Metrics.

The composition and terms and conditions for collecting impersonal data with the use of third-party software shall be determined directly by their right holders and may include:

browser data (type, version, cookies);
operating system data (type, version, screen resolution);
query data (time, source, IP address).

2.6. The Right Holder shall not be responsible for the use of the User’s Personal Information by third parties with whom the User interacts in the use of the Service.

3. Goals for Processing Personal Data

3.1. The Legal Owner provides the processing (including collecting and storing) of such Personal information which is necessary for the making and fulfilling contracts/bookings with the User and / or between the users.

3.2. The Legal Owner and / or the users have the right to use Personal information for the following purposes:

3.2.1. Conclusion of the agreement is carried out in a remote manner by means of exchange of electronic documents that are signed by simple electronic signature. In this case, a pair of login – password or e-mail address shall be considered the key of a simple electronic signature of the User. Therefore, they are requested at registration / booking procedure.

3.2.2. User identification within the framework of fulfilling obligations with regard to existing contracts / Booking agreements.

The User’s personal cabinet is linked to the User’s login-password and the User’s e-mail address.

3.2.3 Fulfilment of obligations under the concluded Agreements, including User provisioning with access to the Service, technical support and use of the Service functionality by the User.

Applications for providing access to the Service and requests to the support service shall be accepted with the use of the Site’s software and e-mail.

3.2.4. Security and confidentiality of the User’s Personal Information.

In order to verify suspicious activities on Website, information is collected about the User’ IP address and browser used to access the Website.

3.2.5. Invoicing and refund of the cash balance in the event of termination of agreements with the User for reimbursable booking agreements.

In order to return the funds paid under the Agreement, the User may submit additional information in his / her personal application in accordance with statutory requirements.

3.2.6. Notification in the framework of information services and improving the quality of Service under the concluded Agreements and / or Booking services, including with the involvement of third parties.

For this purpose, the User’s e-mail address is requested at registration.

3.2.7. The use of anonymous data for the targeting of advertising and / or informational materials on the age, gender and other characteristics with the use of third party software under paragraph 2.5. of this Policy.

3.2.8. Conducting marketing, statistical and other research using anonymous data in order to improve the quality of Services.

With the use of third party software (paragraph 2.5. of this Policy) data is collected and analyzed in anonymous form, to find out how much time users spend on various pages of the site, their interests and preferences.
4. Requirements for Protecting Personal Information

4.1. The Legal Owner shall store Personal information and provide its protection from unauthorized access and distribution, in accordance with its internal rules and regulations.

4.2. Personal information of the User shall remain confidential, except for the cases when the technology of the Service provided or the configuration of the User software provide an open information exchange with other participants and Internet users, including via the Service.

4.3. Aiming to improve the quality of the Service, the Legal Owner may keep log files of the operations conducted by the User while using the Service as well as related to his making and fulfilling the Agreement and other contracts, on his own within 6 (six) month.

4.4. The provisions of articles 4.1. and 4.2. are equally distributed to all the users, who have gained access to personal data of other Members in connection with the Booking arrangement and / or reception / transfer of interim payment between them.
5. Information Transfer

5.1. The Legal Owner has the right to transfer Personal information to third parties in the following cases:

The User agreed to such actions, including the cases when the User uses software configuration that does not restrict provision of certain information;
The transfer is necessary within the framework of the User’s operation of the Service’s functionality;
The transfer is necessary to making and fulfilling contracts / Booking agreements and / or reception / transfer of interim payment using the Service;

Owing to the transfer of the Right Holder’s Site to the possession, use or ownership of such third party, or the assignment of rights under the Agreements concluded with the User in favor of the third party;

Following the subpoena of evidence from a court or any other authorized state organ, within the procedure established by current legislation;
For the purpose of protecting the rights and lawful interests of the Legal Owner when the User violated existing contracts.

6. Changes in Personal Information

6.1. The User has the right at any time to independently edit the personal information in his / her Personal Account that he / she provided during registration or authorization.
6.2. In the event of termination of the concluded Agreement, the User has the right to delete his / her own Personal Account either independently or by contacting the Right Holder’s support service at the following e-mail address: info@sabai.tv
7. Changes in Privacy Policy

7.1. This Policy may be unilaterally changed or terminated by the Legal Owner, without preliminary notice to the User. The new version of the Policy shall become active from the moment it was posted at the Site of the Legal Owner, unless otherwise stipulated in the new version of the Policy.

7.2. The current version of this Policy is posted at the Site of the Legal Owner on the Internet at the address: http://sabai.tv/agreements/?lang=en#tab2

Right Holder:
Sabai Co. Ltd.
670047, Republic of Buryatia, Ulan-Ude, Sakhyanovoy st., 9, office 202.
BIN: 1140327009118,
TIN: 0323375800, CRR: 032301001
email: info@sabai.tv

Version as of 26 June 2017.
Terms of service has been drawn up by the legal company IT-LEX

Booking Rules

The present document constitutes mandatory conditions on which the booking services are provided to Users with the use of Service.
1. Definitions and scope

1.1. The following terms and definitions apply to this Document as well as to related relations arising between the Parties:

1.1.1. Rules – means the text of this document, with all attachments, alterations and amendments to it, placed on the website and available on the Internet at the following address: http://sabai.tv/agreements/?lang=en#tab3
1.1.2. Contractor’s Service – means separate transportation services, tours, hotel accommodation (hotel, hostel, etc.) and other private services not included in the set of services (tourism product). The Customer selects and pre-orders Contractor’s services on his own from a variety of options available at the Website provided by Partners. The Agent does not perform sale and promotion of the services of the Contractor.
1.1.3. Transaction – all contracts concluded between Partners and Customers on terms and conditions that are absolutely determined by them after Booking.
1.1.4. Booking – means the Executor’s service pre-offered by the User with the use of Website Service.
1.1.5. Interim Payment – means money paid (if applicable) by Customer to confirm his / her reservation to secure the obligations of Customer on payment of Contractor’s service when making a transaction.
1.1.6. Customer – the user who is registered at the Website in the status of Customer and who have the intention to use/is using/ used previously functional capabilities of the Website and / or provided on its basis Customers Search, Reservation and (if needed) Interim Payment.
1.1.7. Holiday-maker/Vacationer – is a Customer or an individual named above, acting as the beneficiary of Services of the Contractor in case of their purchase on the basis of a separate transaction with the Contractor.
1.1.8. Contractor – the user who is registered at the Website in the status of Partner, at the request of, on behalf of and for the account of which the Agent accepts Booking requests and Interim payments. The Contractor’s details shall be indicated on the booking page.
1.1.9. Agent – Sabai Co. Ltd.
1.1.10. Website — automated information system available in the Internet at the following domain: sabai.tv.
1.1.11. Personal account – personalized section of the Website to which the user can access after registering and/or authorization to the service. Personal account is designed to store users’ personal data, to accept Offers, to display information about the e-ticket issued and to receive notifications in the notification order.
1.1.12. Service – complex of services provided to the Users through the Website.
1.2. Other capitalized terms defined elsewhere in this Agreement and not defined in this Article 1.1 shall have the meanings assigned to such terms in this Agreement in the sections set forth below. In the absence of unambiguous interpretation of the term and definition in the text of the Agreement one should be guided by interpretation identified: primarily in specified therein binding instruments used for the Booking procedure, secondly – in the legislation of Russian Federation and subsequently – in business practice and scientific doctrine.
1.3. Any reference in these Rules to any Statute, Statutory Provision or Regulation includes a reference to that Statute, Statutory Provision or Regulation as amended extended or re-enacted at the relevant time.
2. General provisions

2.1.Agent acting on request of, on behalf of and at the expense of the Contractor, with the use of Service receives reservation requests and (if necessary) Security payments from Customers and transfers them to the Contractor.
2.2. Contractor’s service shall be performed by the Contractor independently according to individual transaction concluded directly between the Contractor and the Customer, after providing to the Contractor all reservation details and (if necessary) an Interim payment.
2.3. All the Contractor’s obligations regarding to provide his Services to the Vacationer arise directly between the Customer and the Contractor. Contractor shall be solely responsible for the provision of the reserved services. The Contractor’s details shall be indicated on the Agent’s Website in the section of Contractor services
2.4. Terms of conclusion of a Transaction on the implementation and provision of Contractor’s services shall be defined and communicated to the Customer by the Contractor independently. Customer is obliged to read and to take all necessary action on its part in order to conclude a Transaction with the Contractor and to use the Contractor’s services.
2.5. All the requirements and conditions applicable to the parties in terms of Booking are defined by the following documents (“Required Documents”):
2.5.1. Terms of Use placed and / or available in the Internet at the address http://sabai.tv/agreements/?lang=en#tab1 and including general terms of registration on the Website and use of the Agent’s Service;
2.5.2. Политика конфиденциальности, размещенная и/или доступная в сети Интернет по адресу http://www.sabai.tv/agreements?lang=en#tab2, и содержащая правила предоставления и использования персональной информации пользователей Сервиса.
3. Booking Procedure

3.1. Booking service is provided only to Customers who have completed registration / authorization of on the website and is accomplished through the Customer’s actions envisaged on the Booking page.
3.2. General terms and conditions on which the Contractor’s Service is provided to Customers which may be applied by the Contractor to Booking procedures or to providing of Services to Customers shall be indicated on the booking page and in the booking confirmation email.
3.3. Booking terms and conditions established by the Contractor may require a mandatory interim payment made by the Customer.
3.4. By booking Services of the Contractor with the use of the Service, the Customer confirms that he has read and agrees to the present Rules as well as all booking conditions (including cancellations and changes), as well as terms and conditions of providing the Contractor’s services.
3.5. In case Booking is made under condition of interim payment, the Customer shall make interim payment with the use of payment services indicated on the Website.
3.6. Confirmation of a booking will be sent to the Customer by e-mail within 48 hours of placing the booking at the Website and making of interim payment (if such an action is required). Booking information will be additionally shown in Customer’s Personal account.
4. Booking Cancellation

4.1. The possibility and the general cancellation policy and return of interim deposit (or part thereof) as well as the rules implemented in case the Vacationer decides not to use the Contractor’s services are defined and communicated to the Customer by the Contractor independently.
4.2. The Contractor shall be responsible for the return of interim payment to the Custome.
5. Rights and liabilities of the parties:
5.1. Customer agrees to:

5.1.1. Read the terms of booking and provision of the Contractor’s Services prior to Booking.
5.1.2. Check for updates on the Website (including those shown in Customer’s Personal account) at the email address specified by the Customer.
5.1.3. Independently take all the necessary measures in order to use the services of the Contractor, in particular provide visas and ensure compliance of documents and Customer’s actions to the rules regarding entry and stay in the country, as well as sanitary and other regulations.
5.1.4. Independently decide to purchase a complex insurance policy.
5.1.5. Perform other duties as provided in the present Rules, including the binding instrument, as well as current laws of the Russian Federation.
5.2. Customer is entitled to:

5.2.1. Require booking confirmation in the order established by the present Rules.
5.2.2. Demand for repayment of the interim payment in cases stipulated by the present Rules.
5.2.3. Perform other rights as provided in current laws of the Russian Federation, as well as the present Rules, including the binding instrument.
5.3. Contractor agrees to:

5.3.1. Provide accurate information to the Customer about the Contractor and the Contractor’s services.
5.3.2. Provide the Customer with the booking confirmation in the order provided by the present Rules
5.3.3. Provide the Contractor’s services on the terms as of at the time of booking.
5.3.4. Return to the Customer the interim payment in the cases provided by the Contractor in the prescribed order and amount.
5.3.5. Perform other duties as provided in the present Rules, including the binding instrument, as well as current laws of the Russian Federation.
5.4. Contractor is entitled to:

5.4.1. Cancel Booking and / or refuse to provide the Contractor’s Services in cases stipulated by the Contractor.
5.4.2. Perform other rights as provided in the present Rules, including the binding instrument, as well as current laws of the Russian Federation.
6. Responsibilities of the Parties, Claims

6.1. Parties shall be liable for non-fulfillment or improper fulfillment of the commitments in accordance with the current legislation of the Russian Federation.
6.2. Information on the services of the Contractor is based on the information provided by the Contractor’s executives. The Contractor shall be solely responsible for updating of the information on schedules, prices, availability and other data.
The Agent is unable to verify the accuracy and to ensure the completeness or accuracy of all the information and is not responsible for any errors (including obvious and typographical), any failures (arising from the (temporary and / or partial) breakdown, repair, improvement or supporting Service or otherwise), inaccurate, misleading or false information, or failure to receive the information. Under any circumstances the Contractor shall be solely liable for the accuracy, completeness or correctness of the information displayed in the Service.
6.3. The Service is not and should not be construed as a recommendation or a certificate of quality, service level or rating of any proposed Contractor’s Services.
6.4. The Contractor shall be released from liability for any failure to perform its obligations, if such violation is a consequence of the false information about the Vacationers provided by the Customer.
6.5. The Customer (the Vacationer) shall be solely responsible for the violation of requirements established by the applicable laws of the country of entry (stay), including visa requirements, health conditions, Contractor’s Terms of services provided, as well as the absence of complex insurance policy.
6.6. All the claims of the Customer regarding the Contractor’s Services shall be transferred directly to the Contractor.
7. Force Majeure Clauses

7.1. Parties shall be relieved of responsibility for partial or complete non-fulfilment of their obligations due to force-majeure circumstances: fire, floods, earthquake, war, military actions of any kind, blockade, embargo on exports or imports any other circumstances beyond the control of the Parties and if such circumstances affected directly the fulfilment of their liabilities.
7.2. Should the above circumstances arise the time stipulated for the fulfilment of the obligations shall be extended for the period equal to that during which such circumstances and their consequences will remain in force as well as time required for the elimination of their consequences, but no more than twenty (20) calendar days. Should the above circumstances continue to be in force for more than twenty (20) calendar days or when upon their commencement it becomes obvious to both parties that they will last even longer, the Booking shall be cancelle.
8. Modification and Termination of the Rules

8.1. These Regulations (Rules) come into force on the date of posting on the Website and shall act prior to their cancellation by the Agent.
8.2. The Agent reserves the right to amend the terms of the Regulations and / or cancel the Regulations at any time at its discretion. Information about the modification or withdrawal of the Regulation shall be communicated to the customer at the choice of the Agent by posting on the Website, in Customer’s Personal account, or by notification to the email or postal address provided by the Customer upon booking.
8.3. In case of withdrawal or amendment of the Regulation the latter shall enter into force on the date of bringing this information to the customer, unless another term of coming into force is not determined by the Regulations or additionally in such a message.
8.4. Specified in the Regulations binding documents for the parties shall be approved, modified and supplemented by the Agent in its sole discretion and notified to the Customer in the order provided for notification of the Customer regarding the amendment of the Regulations.
9. Terms of Confidentiality

9.1. Parties agree to keep secret and consider confidential the conditions of each booking, as well as all the information received by one Party from another in the booking process (hereinafter – “Confidential Information”), and shall not reveal, disclose, divulge or otherwise do not provide this information to any third party without prior written consent of the Party transmitting the information.
9.2. Each Party shall take all necessary measures to protect the Confidential Information with at least the same degree of care with which it protects its own confidential information. Access to confidential information will be made available only to those employees of each of the Parties, to whom this information is reasonably necessary for the performance of official duties. Each Party shall oblige its employees to adopt these same commitments to preserve the confidentiality of the information that are provided in this Regulation with respect to the Parties.
9.3. Processing of Personal data of the Parties (if any) shall be performed by the Agent in accordance with the privacy policy of the Agent.
9.4. The Agent may request additional information such as photocopies of identification documents or credit cards, if necessary, verification of identity or to prevent fraud. If such additional information is presented to the Agent, its use and protection shall be carried out in accordance with the terms of Article 9.3. hereof.
9.5. The obligation to preserve Confidential Information is valid for five (5) years from the time of booking unless otherwise will not be separately stated by the parties.
10. Electronic Signature Agreement

10.1. Parties are entitled to use facsimile signature or a simple electronic signature when booking, as well as for sending direct notifications.
10.2. Parties are entitled to exchange documents by fax or e-mail. Herewith the documents submitted in that order, shall have full force and effect subject to availability of delivery confirmation of the message to the recipient.
10.3. In case the email is used for correspondence between the Parties – the electronic document shall be considered signed by a simple electronic signature of the sender created with the use of their email address.
10.4. The legal owner specifies the user, which corresponds to a simple electronic signature according to the user name and password, specified during registration / or authorization at the Website – in the case of any actions on the use of the Service, either User’s e-mail address
10.5. As between the Parties that have passed the registration on the Website, use of simple electronic signatures is also regulated by Terms of Service signed by the parties during registration.
10.6. Under the agreement of Parties any electronic documents, signed by a simple electronic signature, shall be recognized as equivalent to paper documents, signed by the handwritten signature.
10.7. Any actions performed with the use of a simple electronic signature of a specific Party shall be recognized as performed directly by the Party.
10.8. Parties agree to respect the confidentiality of electronic signature key. In particular, the Parties have no right to transfer their username and password, or to provide access to their e-mail to third parties, and take full responsibility for their safety, and individual use, independently choosing the best method of storage and limitation of access to them.
10.9. In the event of unauthorized access to the login and password, their loss or disclosure to third parties The Party shall immediately notify the other Party by sending an e-mail from the specified on the Website e-mail address.
10.10. In case of loss or unauthorized access to the email address specified when using the Service, the Party must immediately replace it with a new address and to report on this fact to the other Party and the Agent by sending an e-mail from the new email address.
11. Final Provisions

11.1. Use of the present Rules is governed by the applicable laws of the Russian Federation. All issues not regulated by these Rules or not settled completely shall be regulated in accordance with the substantive laws of the Russian Federation.
11.2. Disputes under these Rules shall be settled in the preliminary complaint procedure. In case of failure to make an agreement between the Parties, disputes shall be referred to the court at the location of the Contractor.
11.3. By booking the Contractor’s Services under the terms of the present Rules Customers in their own free will and in their own interests grant perpetual irrevocable written consent to any methods of processing of their personal data including any action (operation) or a set of actions (operations) performed with the use of automation or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (renewal, modification, extraction, use, transfer (distribution, provision of access), including cross-border transfer, depersonalization, blocking, deletion, destruction of personal data for the purpose of Booking under the terms of these Rules and subsequent provision of the Contractor’s services under the terms of the Privacy Policy.
11.4. Any notifications and documents, unless otherwise is provided by these Rules may be sent by one Party to another Party: 1) by e-mail; 2) by sending an electronic notification to the Personal account; 3) by mail with acknowledgment of receipt or by courier service with confirmation of delivery.
11.5. In case one or more provisions of the Rules for any reason turns out invalid, unenforceable, such invalidity shall not affect the validity of any other provision of the Rules which remain in force.

Version as of 09 January 2015.
Terms of service has been drawn up by the legal company IT-LEX

PUBLIC OFFER on the conclusion of agency agreement

This document is a formal proposal of Sabai Co. Ltd., hereinafter referred to as “Agent” to conclude an agency agreement on the conditions stated below.
1. Definitions and scope

1.1. The following terms and definitions apply to this Document as well as to related relations arising between the Parties:

1.1.1. Public offer / Offer – the text of this document, with all the attachments, amendments and supplements thereto, available in the Internet at the following domain (including subdomains): http://sabai.tv/agreements?lang=en#tab4
1.1.2. Agreement (Agency Agreement) – means agency agreement, along with the entire related binding instrument, entered into between the Agent and the Principal under the terms of this Offer.
1.1.3. Services – agent services under the contract concluded pursuant to this Offer.
1.1.4. Agent – Sabai Co. Ltd.
1.1.5. Principal – the user who is registered at the Website in the status of Principal, and who have the intention to use / is using / used previously functional capabilities of the Website and / or provided on its basis Customers Search, Reservation and Interim Payment on Service Provider’s account.
1.1.6. Assignment – assignment of the Principal to the Agent for the provision of services, formed with the use of software on the Website or through the signing by the Agent and the Principal of the printed document.
1.1.7. Contractor’s Service – Contractor’s Service – means separate transportation services, tours, hotel accommodation (hotel, hostel, etc.) and other private services not included in the set of services (tourism product). The Customer selects and pre-orders Contractor’s services on his own from a variety of options available at the Website provided by Partners. The Agent does not perform sale and promotion of the services of the Contractor.
1.1.8. Transaction – all contracts concluded between the Agent and the Principal on terms and conditions that are absolutely determined by them after Booking.
1.1.9. Booking – means the Contractor’s service pre-offered by the Principal with the use of Website Service.
1.1.10. Interim Payment – means money paid (if applicable) by Customer to confirm his / her reservation to secure the obligations of Customer on payment of Contractor’s service when making a transaction.
1.1.11. Customer – the user who is registered at the Website in the status of Customer and who have the intention to use/is using/ used previously functional capabilities of the Website and / or provided on its basis Customers Search, Reservation and (if needed) Interim Payment.
1.1.12. Acceptance of the Offer/Acceptance – full and unconditional acceptance by the Agent of conditions of this Offer, which is confirmed by the Principal through the execution of the actions specified in Section 9 of the Offer, creating the Agreement between the Principal and the Agent.
1.1.13. Website – automated information system available in the Internet at the following domain: http://sabai.tv.
1.1.14. Personal account – personalized section of the Website to which the Principal can access after registering and/or authorization to the service. Personal account is designed to store Principal’s personal data, to form the Assignments, to display statistical information on the Assignments and stage of their implementation and to receive notifications in the notification order.
1.1.15. Service – complex of services provided to the Users through the Website.
1.2. Other capitalized terms defined elsewhere in this Agreement and not defined in this Article 1.1 shall have the meanings assigned to such terms in this Agreement in the sections set forth below. In the absence of unambiguous interpretation of the term and definition in the text of the Agreement one should be guided by interpretation identified: primarily in specified therein binding instruments used for the Booking procedure, secondly – in the legislation of Russian Federation and subsequently – in business practice and scientific doctrine.
1.3. Any reference in these Rules to any Statute, Statutory Provision or Regulation includes a reference to that Statute, Statutory Provision or Regulation as amended extended or re-enacted at the relevant time.
2. Subject of the Agreement

2.1. Under the Agreement the Agent shall undertake under the commission, on behalf of the Principal to perform legal and other actions (to provide agency services) that are listed in the tariffs of agents and / or specified in the Assignment, which may include:
2.1.1. Provision of technical possibility of placement and / or dissemination by the Principal of the Content through the Website, including by means of creation and maintenance of a separate section of the website (Partner’s profile);
2.1.2. Acceptance of the booking requests from the customers;
2.1.3. Acceptance of interim payments from the customers and their transfer to the Principal’s account, as required under the terms of booking;
2.1.4. Refunds to Customers on behalf of the Principal;
2.1.5. Other actions provided for the Tariffs and / or specified in the Assignment.
2.2. Contractor’s Services are implemented by the Principal independently by individual transactions entered into directly between the Principal and the Client, after providing of the information about booking and (if required) security deposit to the Principal.
2.3. On the basis of Agreement the Principal may issue and the agent – decide to perform an unlimited number of Assignments (orders) of the Principal, including those with matching deadlines.
3. General provisions

3.1. The obligatory condition to conclude the Agreement is unconditional acceptance and observance by the Principal of applicable under the Agreement requirements and provisions of the parties defined by the following documents (“Required Documents”):
3.1.1. Terms of Use, placed and / or available in the Internet at the address http://sabai.tv/agreements/?lang=en#tab1 and including general terms of registration on the Website and use of the Service;
3.1.2. Tariffs / Commission fees, placed and / or available in the Internet at the address http://sabai.tv/tarifs, used by the Agent to calculate the remuneration of the Agency fee on the date of the Order, unless otherwise agreed in the Assignment drawn up in printed form.
3.1.3. Privacy Policy, placed and / or available in the Internet at the address http://sabai.tv/agreements/?lang=en#tab2and including rules for providing and use of Principal’s and Customer’s personal data.
3.1.4. Booking Terms – placed and / or available in the Internet at the address http://sabai.tv/agreements/?lang=en#tab3 obligatory conditions for the booking.
3.2. All documents specified in the article 3.1 shall be considered binding on the parties and constitute an integral part of the Agreement concluded in accordance with the present Offer.
3.3. Assignments are given by the Principal to the Agent through committing actions listed on the respective page of the Website (Personal Account) or through the signing of bilateral documents in printed form.
3.4. This Offer and designed in accordance therewith Assignments contain exhaustive instructions of the Principal to the Agent. The Agent shall be entitled but not obliged to accept for execution orders of the Principal and recommendations for their implementation, apart from given to the Agent Assignments issued in accordance with this Offer.
4. Rights and Obligations of the Parties
4.1. The Agent shall be obliged to:

4.1.1. Fulfil the Assignments in full compliance with the Agreement, including binding instruments and the legislation of the Russian Federation.
4.1.2. Immediately transfer to the Principal all the information about booking, including any alterations as well as booking cancellations, by placing relevant information in the Personal account, and sending notifications to the e-mail specified by the Principal.
4.1.3. Promptly notify the Principal any information, related to execution of the Agreement.
4.1.4. Present to the Principal reports on the implementation of Orders.
4.1.5. Transfer to the Principal money received from the Customers as the interim payments in the amount and manner prescribed by the Agreement.
4.2. The Agent shall be entitled to:

4.2.1. Request from the Principal all the necessary information and documents, as well as other assistance to the Agent in the performance of their duties;
4.2.2. Not to proceed with orders or to suspend their execution in case of violation of terms of providing relevant information and materials in order to perform the assignments; delay in payment of agency services and / or expenses; other cases of full or partial non-performance the Principal of obligations under the Agreement, as well as the existence of circumstances apparently indicating that such performance will not be made within the prescribed period.
4.2.3. Modify unilaterally the terms of this Offer and specified therein required documents without notifying the Principal in the manner provided by this Offer.
4.2.4. Exercise other rights stipulated by the current legislation of the Russian Federation, as well as the present Offer including the binding instrument.
4.3. The Principal shall be obliged to:

4.3.1. Observe the requirements of the Agreement, including the binding instrument and legislation of the Russian Federation;
4.3.2. To verify the order before the fulfillment of Acceptance;
4.3.3. Provide to the Agent a complete information on the Contractor’s services when placing Assignments, as well as within 2 (two) business days from the date of receipt of the relevant request from the Agent.
4.3.4. Immediately inform the Customer about the impossibility of providing the Contractor’s Service.
4.3.5. Enter into transactions with the Customer, subject to Customer’s (Vacationer’s) requirements set by the Principal.
4.3.6. Individually without the assistance of an agent, permit claims of the Customer related to services of the Contractor, including those claims for the return of money paid by customers as the interim payments.
4.3.7. Check for updates on the website of the Agent (including in Principal’s Personal account) and at the email address specified by the Principal when placing Assignments, as well as check the information on the performance of the assignment.
4.3.8. Perform other obligations provided by the Agreement, including the binding instrument and the current legislation of the Russian Federation.
4.4. The Principal shall be entitled to:

4.4.1. Require from the Agent proper execution of his obligations under the Agreement;
4.4.2. Request and receive from the Agent any information, related to execution of the Assignments;
4.4.3. Refuse to unilaterally perform the Agreement in cases stipulated by the current legislation of the Russian Federation and / or the present Offer;
4.4.4. Exercise other rights stipulated by the current legislation of the Russian Federation, as well as the present Offer including the binding instrument.
5. Agency fees and calculations

5.1. The Agent’s fee under the Agreement is specified in the Principal’s order.
5.2. Agency fees are not subject to VAT in connection with the use of simplified tax system by the Agent (chapter 26.2 of the Russian Tax Code).
5.3. The Agent’s fee for accepting interim payments is held by the Agent from the amount of the interim payment.
5.4. The Agent’s fee for other services shall be paid by the Principal on the basis of 100% (one hundred percent) of the advance payment.
5.5. Interim payments received from the Customers, the Agent shall transfer to the Principal net of the related fees of the Agent within 30 days of receipt of the interim payment from the Customer.
5.6. Calculations shall be performed under the Agreement with the use of payment services, and / or bank details specified on the Website at the registration on the Assignments.
5.7. Agent has the right on the instructions of the Principal to return money received from the Customers as interim payments, in the manner and under the conditions agreed by the Parties. This security deposit shall be returned to the customer in full, without withholding by the Agent of agency fee.
5.8. Agent will refund the money received from the Customers as interim payments only after transferring by the Principal to the Agent the entire amount of returned funds. The Agent’s fee deducted from the interim payment, which is returned to the Customer on behalf of the Principal, shall not be returned to the Principal.
6. Agent’s report

6.1. The reporting period is recognized equal to one calendar month. The beginning of the first reporting period is the date of registration of the respective Order (Assignment) of the last reporting period – the last day of the performance of the Assignment.
6.2. Depending on the conditions of the Principal’s Assignments they might be performed separately (including in stages), and on a regular basis for a certain period of time.
6.3. The Agent shall provide a report to the Principal on the performance of the assignments under this Agreement (hereinafter – the “Report”) in the form approved by the Agent. The report shall include information on the services provided, bookings made, the amount of agency fee, and the amount of money listed (be transferred) to the Principal by the Agent from the funds collected on account of interim payments.
6.4. The Report is provided in electronic form to the Principal at the choice of the Agent: by e-mail and / or in his Personal account.
6.5. In case the relevant instructions stipulates for a single (including phasing) execution of the order, the Agent shall draw up a report and send The Report to the Principal within five (5) working days after the end of performance of the Assignment (the corresponding stage). Report shall be drawn on the final date of performance of the Assignment (the corresponding stage).
6.6. In case the relevant instructions stipulates implementation of orders over a certain period of time, the Agent shall draw up a report and send The Report to the Principal within five (5) working days from the end of the next reporting period. The Report shall be drawn on the last date of the reporting period.
6.7. The Principal shall, within five (5) days from the receipt to familiarize with the report submitted. In the presence of comments on the Report the Principal is obliged to send reasoned objections to the Agent in writing before the end of the above period for familiarization.
6.8. The Agent’s Report is a primary accounting document sufficient to confirm the agency services and the size of the agency fee.
6.9. In the case of non-receipt by the Agent of motivated objections on the Report within the established in clause 6.7 of the Offer period, the Agent’s services are considered performed in full and with appropriate quality since the date of the Report.
7. Guarantees and Responsibilities of the parties

7.1. Agent ensures the elimination of any failures and errors, if they occur when performing assignments of the Principal, as quickly as possible.
7.2. Except for guarantees referred to in paragraph 7.1. of this Offer The Agent specifically disclaims any other express or implied warranties, in particular, does not guarantee uninterrupted or error free operation of the Website and Service provided on it’s basic, as well as the amount of booking requests.
7.3. The Principal ensures that:
7.3.1. Information about the Contractor’s services provided to the Agent is correct;
7.3.2. The Principal has received all necessary licenses and other permits of public authorities to provide the Contractor’s Services and / or their provision in accordance with the applicable law does not require a special permit / license / certificate, and that the Principal has performed all other actions required by the applicable law to provide the Contractor’s Services;
7.3.3. Materials provided by the Principal for the purpose of execution of the Agreement by the Agent (including the use of provided materials by the Agent in terms of fulfillment of his obligations under the present Agreement) fully comply with the applicable law, it does not violate the requirements of the legislation on advertising and competition, and does not infringe upon proprietary and / or personal non-proprietary rights of third parties, including without limitation copyright and related rights, trademarks, service marks and appellations of origin, industrial design rights, rights to use images of people, living or dead, etc.; and that the Principal has received all the necessary approvals (signed relevant agreements).
7.4. The Agent is released from liability for failure or improper performance of Assignments, if such violation is a consequence of provision of unreliable data by the Principal, breach of warranty or other failure or improper performance by the Principal of his liabilities under the present Agreement.
7.5. In any case, the responsibility of the Agent shall be limited to the amount of the agency fee received for execution of the order (or part thereof), which resulted in the occurrence of Agent’s liability.
7.6. All service obligations of the Contractor arise directly between the Customer and the Principal. The Principal shall be solely responsible for the provision of the Contractor’s services booked.
8. Force Majeure Clauses

8.1. Parties shall be relieved of responsibility for partial or complete non-fulfilment of their obligations due to force-majeure circumstances: fire, floods, earthquake, war, military actions of any kind, blockade, embargo on exports or imports any other circumstances beyond the control of the Parties and if such circumstances affected directly the fulfilment of their liabilities under the Agreement.
8.2. Should the above circumstances arise the time stipulated for the fulfilment of the obligations shall be extended for the period equal to that during which such circumstances and their consequences will remain in force as well as time required for the elimination of their consequences, but no more than twenty (20) calendar days. Should the above circumstances continue to be in force for more than twenty (20) calendar days or when upon their commencement it becomes obvious to both parties that they will last even longer, the Agreement shall be cancelled.
9. Acceptance of the Offer and conclusion of the Agreement

9.1. Acceptance of this offer by the Principal creates the Agreement between the Principal and the Agent (Article 433, 438 of the Civil Code of the Russian Federation) under the terms of the present Offer.
9.2. Acceptance of the offer means the execution and the direction of Assignment by the Principal with the use of software tools on the Website or through signing of the printed documents by the Agent and the Principal.
9.3. The Agreement is considered concluded since the receipt of the Offer acceptance by the Agent.
10. Validity and modification of the Offer

10.1. Offer shall become effective upon being posted on the Agent’s Website and shall remain valid until its revocation by the Agent.
10.2. The Agent reserves the right at any moment to amend the terms of the Offer and / or to withdraw the Offer at any time at its discretion. Information about the modification or withdrawal of the Offer shall be communicated to the Principal at the choice of the Agent by posting on the Website, in Principal’s Personal account, or by notification to the email or postal address provided by the Principal at the conclusion of the Agreement or in the course of its execution.
10.3. In case of withdrawal or modification of the Offer, the latter shall enter into force on the date of bringing this information to the Principal, unless another date of entry into force is not defined by the Offer or additionally with such a statement.
10.4. Specified in the offer binding for the Parties documents are approved, modified and supplemented by the Agent in its sole discretion and notified to the Principal in the manner provided for notification on the Offer modification.
11. Duration, Alteration and Termination of the Agreement

11.1. The Agreement shall enter into force upon Offer acceptance by the Principal and is considered valid: a) until the Parties fulfill their obligations under the Agreement, or b) until the early termination of the Agreement.
11.2. In case of withdrawal of the Offer by the Agent within the term of the Agreement, the Agreement is considered valid under the terms of the Offer in the latest edition with all the mandatory documents.
11.3. The Agreement may be amended:
11.3.1. By the agreement of the Parties.
11.3.2. On the initiative of the Agent, when it is explicitly provided under this Offer, by sending a notice to the Principal of the upcoming changes at least in fifteen (15) days prior to the date of their entry into force. In case of disagreement with the proposed amendments The Principal shall be entitled to cancel the agreement by sending a notice to the Agent in the manner provided paragraph 1.4.3. of the present Agreement.
11.4. The Agreement may be cancelled:
11.4.1. By the agreement of the Parties.
11.4.2. On the initiative of the Agent by the unilateral refusal to execute it completely or partially in case of violation by the Principal of its obligations or warranties specified in this Offer. Notification of unilateral refusal to perform the Agreement is sent to the Principal in writing within three (3) days prior to the intended date of termination of the Agreement. At the same time The Principal shall indemnify the Agent documented damages caused by such termination of the Agreement.
11.4.3. On the initiative of either of the Parties by unilateral refusal of its execution completely or partially, on the condition the other Party receives a written notice within seven (7) days prior to the intended date of termination of the Agreement. At the same time the Principal is obliged to pay for the services rendered prior to the termination of the Agreement and the agent returns to the Principal the amount of advance payment exceeding the costs incurred and the cost of actually provided by the Agent on the date of termination of the Service Agreement less possible damages and forfeits.
11.4.4. On other grounds provided by the existing legislation and this Agreement.
11.5. Financial calculations of the Parties shall be made within five (5) banking days from the date of termination of the Agreement.
11.6. Partial refusal to perform the Agreement can be expressed in the refusal to perform the Agreement in a specific part of the Order.
11.7. In case of unilateral refusal to fulfill the Agreement, the latter will be terminated in full or partially by the expiration of the relevant deadlines in the appropriate notification.
11.8. Liabilities of the Parties under the Agreement, which, by their nature to remain in effect (including the liability relating to guarantees confidentiality of the settlements, but not limited to) remain in force after the expiry of the Agreement until the complete fulfillment.
12. Terms of Confidentiality

12.1. Parties agree to keep secret and consider confidential the conditions of each booking, as well as all the information received by one Party from another in the booking process (hereinafter – “Confidential Information”), and shall not reveal, disclose, divulge or otherwise do not provide this information to any third party without prior written consent of the Party transmitting the information.
12.2. Each Party shall take all necessary measures to protect the Confidential Information with at least the same degree of care with which it protects its own confidential information. Access to confidential information will be made available only to those employees of each of the Parties, to whom this information is reasonably necessary for the performance of official duties. Each Party shall oblige its employees to adopt these same commitments to preserve the confidentiality of the information that are provided in this Offer with respect to the Parties.
12.3. Processing of Personal data of the Principal (if any) shall be performed by the Agent in accordance with the privacy policy of the Agent.
12.4. The Agent may request additional information such as photocopies of identification documents or credit cards, if necessary, verification of identity or to prevent fraud. If such additional information is presented to the Agent, its use and protection shall be carried out in accordance with the terms of Article 12.3. of the present Offer
12.5. The obligation to preserve Confidential Information is valid for five (5) years from the time of booking unless otherwise will not be separately stated by the parties.
13. Electronic Signature Agreement

13.1. Parties are entitled to use facsimile signature or a simple electronic signature at the conclusion of the Agreement, registration of Assignments (Orders) as well as for sending direct notifications under the Agreement.
13.2. Parties are entitled to exchange documents by fax or e-mail. Herewith the documents submitted in that order, shall have full force and effect subject to availability of delivery confirmation of the message to the recipient.
13.3. In case the email is used for correspondence between the Parties – the electronic document shall be considered signed by a simple electronic signature of the sender created with the use of their email address.
13.4. In the case parties send electronic documents via e-mail, the recipient identifies the person who had signed the document based on the email address used.
13.5. In case of conclusion of the Agreement by the Principal who have passed the registration on the Website, use of simple electronic signatures is also regulated by Terms of Service signed by the Principal during registration.
13.6. Under the agreement of Parties any electronic documents, signed by a simple electronic signature, shall be recognized as equivalent to paper documents, signed by the handwritten signature.
13.7. Any actions performed with the use of a simple electronic signature of a specific Party shall be recognized as performed directly by the Party.
13.8. Parties agree to respect the confidentiality of electronic signature key. In particular, the Principal has no right to transfer their username and password, or to provide access to their e-mail to third parties, and take full responsibility for their safety, and individual use, independently choosing the best method of storage and limitation of access to them.
13.9. In the event of unauthorized access to the login and password, their loss or disclosure to third parties The Principal shall immediately notify the Agent by sending an e-mail from the specified on the Website e-mail address.
13.10. In case of loss or unauthorized access to the email address specified by the Principal at the Website, the Agent must immediately replace it with a new address and to report on this fact to the Principal by sending an e-mail from the new email address.
14. Final Provisions

14.1. The Agreement, its conclusion and execution is regulated by the laws of the Russian Federation. All issues not regulated by this Offer or not settled completely shall be regulated in accordance with the substantive laws of the Russian Federation.
14.2. Disputes under this Offer shall be settled in the preliminary complaint procedure. In case of failure to make an agreement between the Parties, disputes shall be referred to the court at the location of the Agent.
14.3. Any notifications and documents under the present Agreement, unless otherwise is provided by the Offer may be sent by one Party to another Party: 1) by e-mail; 2) by sending an electronic notification to the Personal account; to the email address indicated by the Principal when placing order or to his Personal Account, from the Agent’s e-mail addresses, indicated in Section 15 of the Offer in the event that the recipient is the Principal, and b) to the email address of the Agent, indicated in Section 15 of the Offer from the Principal’s e-mail addresses indicated by the Principal when placing order or to his Personal Account; 2) by sending electronic notification to the Principal in his Personal account; 3) by mail with acknowledgment of receipt or by courier service with confirmation of delivery.
14.4. In case one or more provisions of the Offer or the Agreement for any reason turns out invalid, unenforceable, such invalidity shall not affect the validity of any other provision of the Offer or the Agreement which will remain in force.
14.5. Without contradicting the terms of the present Offer, the Parties may at any time issue a signed agency agreement in the form of a written document stating the contents of existing at the time of registration of the Offer specified therein binding instrument and a formalized Assignment.
15. Details of the Agent

Sabai Co. Ltd.
670047, Republic of Buryatia, Ulan-Ude, Sakhyanovoy st., 9, office 202.
BIN: 1140327009118,
TIN: 0323375800, CRR: 032301001

email: info@sabai.tv

Version as of 09 January 2015.
Terms of service has been drawn up by the legal company IT-LEX