Service Agreement

Ubud, Bali, Publication Date: "18" August 2022

г. Ubud, Bali
"18" August 2022
This agreement on the provision of tourist services (hereinafter by the text - the Agreement) is concluded between PT Adventure Unity Group (hereinafter referred to as the Contractor) and the Client, subject to the Client's consent to the terms of the Agreement and booking (reservation) of travel services on the Contractor's website http://unity-club.com (hereinafter referred to as text - the Website).
  1. Terms and definitions:
1.1. Client - an adult individual or company who applied to the Website with a request for the provision of travel services by the Contractor for themselves or third parties in whose interests they act, including minors accompanied by the Client.
1.2. Services - tourist services of the Contractor, including: accommodation, transportation, transfer, excursions, hiking, quest games and other activities, organization and passage of routes in the Rope Park, depending on the tariff chosen by the Client.

1.3. Package of services - a set of Services of different cost determined by the Contractor, provided to Clients according to the list published on the Website.

1.4. Route - the route of the Client's movement according to the selected Service Package, geographically referenced to the area.

2. General provisions

2.1. The Agreement is an official offer of the Contractor and contains all the essential conditions for the provision of the Services.
2.2. Information about the list, content, rules for the provision and cost of the Services is published on the Website.
2.3. The Client confirms that he has read the text of the Agreement, the content of the Website and information about the Services provided, all the terms of the Agreement are clear to him and he agrees to use the Services and conclude the Agreement on the proposed terms. This assurance also applies to minors in whose interests the Client has concluded the Agreement.
2.4. The Agreement is considered concluded from the date of 100% payment for the Service Package chosen by the Client. Payment is made using the Website's interactive booking form. Payment confirms the fact of the conclusion of the Agreement as amended on the date of payment, the signing of the Agreement in writing is not required.
2.5. The text of the Agreement is published on the Website and can be changed by the Contractor unilaterally at any time. The new version is not valid for Clients under already concluded Agreements as of the date of publication of the changes.
2.6. At the request of the Client, the Contractor draws up a written version of the Agreement for signing by the parties.
2.7. An integral part of the Agreement is the Rules of Conduct in the annex No. 1, which apply to the Client and third parties who will directly participate in the passage of the Route, including minors.
2.8. Before paying for the selected Service Package, the Client undertakes to familiarize himself with all the information published on the Website about the Services provided and the content of the Service Packages, including consumer properties, terms of provision, requirements for documents and terms for their submission, payment procedure, possible restrictions (age, status health, etc.), possible risks. If it is necessary to obtain additional information, the Client has the right to contact the Contractor using the contact details indicated on the Website.
2.9. The Client guarantees that he has the authority to conclude the Agreement in relation to third parties and that third parties comply with the Rules of Conduct. When providing the Services, the Client is fully responsible for the life and health of third parties who pass the Route both with and without the Client's accompaniment.

3. Terms of payment and procedure for the provision of services

3.1. Services are provided by the Contractor as part of Service Packages subject to 100% prepayment by the Client.
3.2. The cost of the Services is determined depending on the Service Package chosen by the Client.
3.3. After the Client makes a payment on the Website, the Contractor sends a booking confirmation by e-mail.
3.4. From the date of receipt by the Contractor of payment in full in accordance with the cost of the Service Package chosen by the Client, the Agreement is considered concluded and the Contractor proceeds to provide the Services.
3.5. The Services are provided in the manner and within the time limits specified in the description of the Service Packages on the Website.
3.6. The Contractor has the right not to start providing the Services until the date of receipt of full payment.
3.7. The specific list of Services as part of the Service Package may be changed by the Contractor depending on external circumstances (weather conditions, emergencies, illness of a member of the tourist group, etc.). In this case, no refund or additional payment is made to the Client.
3.8. After the Contractor provides all the Services as part of the Service Package as described on the Website (except for the situation described in clause 3.7 of this section), the Services are considered to be provided by the Contractor in full.
3.9. In case of disagreement with the quality or terms of the Services provided, the Client has the right to submit his written claims to the email address: metavolkov@gmail.com. Claims must be submitted no later than five business days counted from the date of provision of the Services. If no claims are received from the Client within the specified period, the Services are considered to be provided by the Contractor in full, of proper quality and in compliance with the deadlines.

4. Additional rights and obligations of the Contractor

4.1. The Contractor has the right to refuse to provide the Service Package or terminate the provision of paid Services without a refund in the event of a crude violation by the Client or a third party in whose interests the Client has concluded the Agreement of the Rules of Conduct in the annex No. 1 to the Agreement.

4.2. The Contractor has the right to involve third parties to provide the Services. The Contractor undertakes to control the process of rendering services by third parties, but in any case is not responsible for the quality. All claims to third parties involved by the Contractor shall be submitted directly by the Client.
4.3. The Contractor is obliged in a timely manner, before the start of the provision of the Services, to notify the Client of all situations that require additional approval.

5. Additional rights and obligations of the Client

5.1. The Client undertakes to comply with safety precautions when passing the Route, as well as comply with all instructions of the Contractor in the process of providing the Services.
5.2. The Client undertakes to strictly comply with all the Rules of Conduct and is solely responsible for his life and health in case of their violation, as well as for the life and health of third parties in whose interests the Client has concluded the Agreement.
5.3. The Client does not have the right to transfer his rights and obligations under the Agreement to any third party without the written consent of the Contractor.
5.4. The Client has the right to refuse the Services on the day they begin to be provided only due to a sudden deterioration in health / exacerbation of a chronic disease. The cost of the Service Package is not refunded by the Contractor, unless otherwise agreed by the parties on an individual basis.
5.5. If the Services are provided to minor third parties, by entering into the Agreement, the Client assumes all the risks associated with the passage of the Route and guarantees compliance with safety precautions and the Rules of Conduct in the annex No. 1 to the Agreement.
5.6. When filling out an application on the Website to pay for the Service Package, the Client undertakes to provide up-to-date reliable data and, at the request of the Contractor, provide additional requested information.

6. Liability of the parties

6.1. For non-fulfillment or improper fulfillment of the obligations assumed, the parties are liable in accordance with the legislation of the Republic of Indonesia.
6.2. The Contractor is not responsible for the inability to provide Services to the Client for any reasons that are beyond the control of the Contractor and cannot be eliminated by reasonable measures, including adverse weather conditions, natural disasters, military operations, civil unrest, riots, actions of official bodies of the Republic of Indonesia , equipment malfunction, any other similar circumstances, not limited to those listed. If these circumstances occur, the Contractor has the right to offer the Client other dates for the provision of the Services, another Package of Services, and if these circumstances occur in the process of providing the Services, return the payment received to the Client, minus the cost of the actually provided Services.
6.3. The Contractor is not responsible for the lack of the Client's necessary professional skills or other knowledge, physical fitness, which impede the quality of the Services.
6.4. The Contractor is not responsible for the losses caused to the Client. The Contractor's liability is limited by the terms of the Agreement.
6.5. If the Client is dissatisfied with the conditions or quality of the Services provided by the Contractor, then his sole and exclusive right will be to stop using the Services.
6.6. If, for any reason, not related to the circumstances described in clause 6.2 of this section, the Contractor does not start to provide the Services, or starts to provide the Services in violation of the deadlines, the Contractor's liability for the violation of the Agreement is limited solely to:
a) extension of the terms for the provision of the Services or
b) provision of the Services in the new terms
6.7. The total liability of the Contractor under the Agreement, for any claim of the Client is limited to the amount of payment transferred by the Client.
6.8. The Contractor is not liable to the Client in the event of an unforeseen breakdown, damage to equipment or inventory through which the Services are provided. In the event of an unexpected breakdown, damage to equipment or inventory that occurred through no fault of the Contractor, the provision of the Services is suspended until the Contractor eliminates the causes of breakdown/damage.
6.9. The Client is liable for the loss or damage to equipment and inventory provided by the Contractor for the provision of the Services.
6.10. The Contractor's liability for causing harm to the life or health of the Client during the provision of the Services is insured by PT Zurich Asuransi Indonesia Tbk (insurance policy No. 131022001078 dated July 26, 2022).
6.11. The Contractor has the right to withhold penalties and other amounts in accordance with the terms of the Agreement from the funds received from the Client for paying for the Service Package.

7. Other terms and conditions

7.1. The Agreement, the procedure for its conclusion and execution is regulated in accordance with the legislation of the Republic of Indonesia.
7.2. If any of the terms of the Agreement is declared invalid or illegal, or cannot enter into force in accordance with the current legislation of the Republic of Indonesia, this term is removed from the Agreement and replaced by a new provision that best meets the original intentions of the parties. At the same time, the remaining provisions of the Agreement do not change and remain in force.
7.3. The agreement is drawn up in Russian and English. Both versions of the Agreement are identical and have equal legal force.
7.4. The Agreement may use terms not defined in Section 1 of the Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Agreement.
7.5. The term “Client” in the Agreement and the Rules of Conduct means both the Client himself and the third party in whose interests the Agreement was concluded, depending on the context of the wording in question.
7.6. The Agreement is considered concluded from the date of receipt of payment by the Contractor and is valid until the full provision of the Services within the framework of the Service Package paid by the Client. The moment of termination of the provision of the Services is determined according to the rules of Section 3 of the Agreement.
7.7. The Agreement may be amended or terminated by agreement of the parties or on other grounds provided for by its terms.

7.8. By leaving a review, the Client transfers to the Company full rights to use the materials of his review (including text, images) for marketing purposes.
7.9. All disputes and disagreements are resolved through negotiations between the parties. If no agreement is reached during the negotiations, the dispute is submitted for resolution to the court at the location of the Contractor in accordance with the legislation of the Republic of Indonesia.

The Contractor:
PT Adventure Unity Group
Nib 1606220011047
Address: Jl Banjar Tegal Bingin, Desa Mas, Kecamatan Ubud, Kabupaten Gianyar, Bali, Indonesia
metavolkov@gmail.com
+6281237005621
Appendix No. 1 to the Service Agreement
as amended on "18" August 2022
The rules of conduct
publication date: "18" August 2022
1.Client's duties:
1.1. Comply with these Rules, be guided by instructions, warnings and other signs and designations posted on the Route, related to the use of the Route.
1.2. Independently and responsibly control their own health, in the presence of chronic, infectious, skin diseases, as well as diseases of internal organs, refrain from climbing the Route, and not endanger the health of the people around him.
1.3. The use of alcoholic beverages, narcotic drugs, tobacco smoking on the Route is STRICTLY FORBIDDEN. In case of identifying persons who are in a state of alcoholic or drug intoxication, the Contractor's employees have the right to apply measures to these persons in the form of suspension from the route without refunding the payment for the Service Package.
1.4. Do not distribute or sell alcoholic drinks, drugs on the Route.
1.5. Do not light a fire on your own during the route.
1.6. Without the special permission of the contractor or the employee authorized, not to regulate and set up on their own any equipment and inventory used on the route.
1.7. Comply with the requirements and instructions for the passage of the Route and the use of equipment and inventory of authorized employees of the Contractor.
1.8. Do not damage the infrastructure of the Route, its structure, equipment and inventory, signs and issued safety equipment.
1.9. At the request of the authorized employees of the Contractor, stop using the Route if such weather conditions arise that its further passage becomes obviously unsafe.
1.10. During the passage of the most dangerous sections of the Rope Park Route, regularly and constantly make sure that they follow the safety rules, and that the safety carabiners are attached to the safety cable specially designed for belaying.
1.11. Immediately report any accident to authorized employees of the Contractor and take part in providing assistance, if necessary.

2. The client has the RIGHT:
2.1. Take the Route only after paying the cost of the Services or presenting the Gift Certificate (if applicable), receiving and putting on all the necessary equipment or inventory, and having completed the instruction pass.
2.2. Receive the necessary and reliable information about the Route and the Service Packages provided by the Contractor.
2.3. Send the Contractor your opinions, suggestions and recommendations after completing the Route.


3. Safety precautions
when passing the attraction "Rope Park"
(MANDATORY TO PERFORM)

3.1. After purchasing a ticket, the Client is obliged to undergo a briefing, during which the instructor puts on safety equipment and informs about the rules of conduct.
3.2. The client must put long hair in a “bun” or hide it under a helmet.
3.3. The client does not have the right to remove equipment until the end of the route.
3.4. When passing the attraction, the Client must have two safety elements attached to the safety rope.
3.5. When moving from one obstacle to another, first a carabiner is hooked from one safety cable to another, then another carabiner is carried.
3.6. When passing the attraction, one of the safety elements must be attached to the safety cable.

4. Responsibility
4.1. The Contractor shall not be liable for harm caused to the life and health of the Client in the event of improper fulfillment of the requirements of these Rules and the instructions of authorized employees of the Contractor.
4.2. The Client assumes full responsibility for the state of his health and the state of health of his minor children. The Contractor shall not be liable for harm associated with any deterioration in the health of the Client and injuries, except in cases where the harm is caused directly by the wrongful actions of the Contractor.
4.3. By ordering the Service Package, the Client agrees that he is not entitled to demand from the Contractor any compensation for moral, material or health damage both during the provision of the Services and after their provision, except as expressly provided for in this Agreement or the laws of the Republic of Indonesia.
4.4. In the event that an incident, as a result of which harm was caused to the life or health of the Client, falls under the definition of an insured event according to the insurance contract concluded by the Contractor with PT Zurich Asuransi Indonesia Tbk (insurance policy No. 131022001078 dated July 26, 2022), the Client receives an insurance payment from the Contractor, subject to payment by the insurance company.
4.5. The Contractor is not responsible for lost or left unattended things.
4.6. The Contractor is not responsible for technical inconveniences caused by seasonal, preventive and emergency works by public utilities.
4.7. For damage to equipment, equipment, inventory and other property of the Contractor, the Client shall pay a fine in the amount of the actually caused damage.

Made on
Tilda