Public contract-offer for the provision of booking services, registration and sale of air tickets and other services on the site
I. General Provisions.
1. This document is an official offer by AIRATE LLC (hereinafter referred to as the "Agency") to conclude an agreement under the terms set forth below.
2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this agreement is a public offer. If the conditions outlined below are accepted, the individual accepting this offer becomes the Customer (acceptance of the offer is equivalent to concluding an agreement under the terms set forth in the offer).
3. Agreements for the provision of air and rail transportation services, car rental, insurance, hotel accommodation, flight check-in, information about which is posted on the Agency's website, are concluded by the Customer directly with the Suppliers providing these services.
4. By accepting this public contract-offer, the Customer confirms their legal capacity, the fact that they have reached the age of 18, and their lawful right to enter into contractual relations with the Agency.
II. Terms and Definitions.
In this public offer, the following terms are used with the meanings specified below:
Agency — Limited Liability Company "AIRATE," authorized to sell suppliers' services under concluded agreements.
Customer — a user, a legally capable individual who has reached the age of 18, has the lawful right to enter into contractual relations with the Agency, has accepted the offer, and is thus the Customer of the services of the Suppliers and the Agency under the concluded offer agreement.
Website — a publicly accessible Internet site at https://www.airate.ru, an independent, complex multimedia object representing a set of interconnected texts, graphic elements, software modules, databases, web pages, and other elements algorithmically united by thematic, technical, and functional features and intended for searching, selecting, and paying for the services of suppliers and the Agency.
Order — a properly executed and website-generated request by the Customer for the services selected on the Agency's website.
Charter transportation — non-scheduled air transportation performed by a carrier under an air charter agreement — an agreement for the charter of the entire or part of the capacity of an aircraft. Tickets for charter flights are non-refundable and non-exchangeable.
Offer — this document "Public Contract-Offer for the Provision of Booking, Processing, and Sale of Air Tickets and Other Services on the Agency's Website," published on the Internet at: https://www.airate.ru/public-contract
Offer Agreement — an agreement between the Agency and the Customer for the provision of services, concluded by accepting the offer.
Acceptance of the Offer — full and unconditional acceptance of the offer terms by the Customer's actions expressing the intention to use the Agency's website to arrange the services of the Suppliers and the Agency.
Carrier — any Russian or foreign airline performing air transportation of passengers and baggage, a legal entity that has undertaken under a public rail transportation agreement the obligation to transport a passenger from the departure point to the destination point, for whose flights the Agency is authorized to perform booking, processing, and sale of air and rail tickets and additional services.
Supplier — a carrier, insurance company, direct service provider whose services are implemented by the Agency on the website https://www.airate.ru.
III. Subject of the Offer.
1. The Agency undertakes to provide the Customer with services for booking, processing, and selling:
- air tickets;
Booking, processing, and sale of the Suppliers' services are provided by the Agency and its partners under agreements concluded between the partners and the direct service providers (Suppliers). The Customer accepts the offer.
The legal relations arising from the sale (exchange, refund) of an air ticket of a Russian airline are regulated by the provisions of the Civil Code of the Russian Federation, the Air Code of the Russian Federation, the Federal Aviation Rules "General Rules for Air Transportation of Passengers, Baggage, Cargo and Requirements for Passenger, Shipper, Consignee Service," approved by Order of the Ministry of Transport of Russia No. 82 dated June 28, 2007, the Rules for the Formation and Application of Tariffs for Regular Air Transportation of Passengers and Baggage, Collection of Fees in the Field of Civil Aviation, approved by Order of the Ministry of Transport of Russia No. 155 dated September 25, 2008, and the carrier's rules. The legal relations arising from the sale (exchange, refund) of an air ticket of a foreign airline for a passenger are regulated by the provisions of the Warsaw Convention, the law of the carrier's country, and the carrier's rules.
All contracts for air transportation of passengers on electronic tickets of the Air Transport Clearing System (hereinafter referred to as "ATCS") are concluded by buyers directly with carriers that have joined the ATCS and have concluded a Standard Agreement on the Organization of Sales of Air Transportation and Services on Electronic ATCS Tickets with JSC "Transport Clearing Chamber."
When processing an Order, the Agency does not act as a carrier, does not conclude transportation contracts, is not the recipient of income from the transportation fee set by the carrier, and is not responsible for obligations related to transportation.
When processing an Order, the Agency does not act as a seller of electronic tickets (it searches for optimal transportation conditions, provides the technical ability to issue an electronic ticket), nor as a tour operator or travel agent, and is not responsible for any other components of the Customer's or a third party's travel.
2. This public contract-offer is considered concluded (offer acceptance) from the moment the Customer confirms their agreement with its terms on the Agency's website, after which the public contract-offer is considered the basic document in the official relations between the Customer and the Agency.
IV. Terms and Procedure for Service Provision.
1. For more convenient and faster order processing on the Agency's website, user registration in a personal account is implemented, where information about orders, passengers, and user bonus cards is stored. To register on the Agency's website, the User must provide the following data:
- email address (subsequently used as a login);
- Full name;
- Gender;
- date of birth;
- contact phone number.
2. When placing an order for air tickets and other services, the user can log in using their Customer personal account data. Services for searching, booking, and paying for air tickets and other services are also available to non-logged-in users.
3. After completing the registration procedure, the user is responsible for the security of their registration data and confirms that all actions performed using these data are carried out by them personally or with their consent.
4. The user confirms the accuracy of the personal data they enter when working on the Agency's website, as well as the data of passengers, and assumes full responsibility for their accuracy, completeness, and reliability.
5. Changing the personal data of any passenger in a completed Order leads to the loss of validity of the agreed tariffs in the Order, as changing these passenger data in the Order requires returning the tickets for this order and creating a new one. Thus, by creating an Order, the Customer assumes all possible commercial risks (ticket refund, creating a new order, tariff change, refund, etc.) associated with their culpable actions in allowing errors and inaccuracies in providing passenger personal data.
6. Services are provided in full provided the Customer fully pays the cost of the Order.
7. The Agency's services are considered properly and fully provided after sending the user, to the email address specified during registration, a route receipt, air ticket certificate, or other document certifying the conclusion of an agreement with the service provider or the Agency, as well as a fiscal receipt for the amount of paid services.
8. The Agency reserves the right to refuse the Customer the provision of services or additionally request copies of the cardholder's documents if there are sufficient grounds to believe that the transaction with the plastic card used to pay for the Order may be recognized as fraudulent.
9. The terms of any changes to the documents issued for the trip are regulated by the rules of the service providers, this contract-offer, the legislative acts of the Russian Federation, the legislation of foreign states, and the norms of international law applicable to the transaction and may involve the imposition of penalties on the Customer.
V. Payments and Payment Procedure.
1. The cost of the Order is determined when placing the Order during the booking dialogue and includes the cost of transportation by air ticket, the cost of the carrier's additional services, the Agency's service fee for booking and processing air tickets, additional insurance services, and other services offered by the Agency. The cost of the Order is set in rubles. The cost of air tickets may be changed unilaterally by the carrier, in which case the order cost on the website will also be updated. In case of errors in indicating the Order cost that arose in the booking system independently of the Agency's actions, the Agency informs the Customer about this as soon as possible through the website's interactive help, email notifications, and the support service. The Customer may, at their discretion, confirm the Order at the corrected cost or cancel the Order. If it is impossible to contact the Customer within 24 hours by the above methods, it is considered that the Customer did not agree with the cost changes, and therefore this Order is canceled.
2. When arranging transportation or other services, the Customer is obliged to pay the established cost of the Supplier's services, as well as the Agency's fees, depending on the type of service provided.
3. After reviewing the cost and list of services provided by the Agency, the terms of tariff application established by the carrier, and the text of this public offer, the Customer forms an Order on the Agency's website.
4. The completed Order must be paid by the Customer within the time specified after placing the Order (time limit), by any of the available payment methods indicated in the order. These may include bank card, electronic wallets, cash payment at communication salons. More details in the section "Ticket Payment"
5. If the Order is not paid by the time limit, it will be canceled. The Order payment time limit may be changed for reasons beyond the Agency's control without prior notice to the Customer and passengers. A canceled Order cannot be restored for re-payment, except by creating a new Order on the Agency's website. The Agency does not undertake the obligation to create a new Order to replace a canceled one.
6. Upon the Customer's payment, the Agency's cash register will issue a fiscal receipt, which will be sent to the Customer's email specified in the Order.
7. The Agency has the right to charge the Customer additional service fees for the Agency's services for booking and processing tickets and additional services of Carriers, as well as for the refund and exchange of previously issued tickets. The presence and amount of these fees depend on the conditions provided by the Carrier or other Supplier providing the services. The Agency's service fee is included in the Order cost and, in case of refund of tickets and additional services of Carriers for any reason or the Customer's refusal of the Suppliers' services, is non-refundable.
8. In case of transportation refund, the Customer sends a refusal notification in accordance with the technology, which can be found on the Agency's website in the section "Ticket Refund".
9. Refund of funds for unused services under the Order is made only by the method by which the services were paid.
10. Due to the peculiarities of the technological process of processing requests and conducting the refund operation, the amount to be refunded will be calculated at the time of processing the request, not at the time of its submission. More details in the section "Ticket Refund".
11. In case of air transportation exchange, the Customer sends an exchange request no later than three hours before departure in accordance with the technology, which can be found on the Agency's website in the section "Ticket Exchange".
12. The additional amount during the exchange operation of the Suppliers' services and the Agency's exchange fee can be paid only in cash at the Agency's central office or by bank card on the website.
13. Changing the personal data of any passenger in a completed and paid Order leads to the loss of validity of the agreed tariffs in the Order and is possible only by refunding such a ticket, with the deduction of the penalties provided by the tariff, and creating a new Order. Thus, the Customer assumes all possible commercial risks (creating a new Order, tariff change, ticket cost change, refund, etc.) associated with their actions in allowing errors and inaccuracies in providing the data requested by the Agency when placing the Order.
VI. Special Conditions.
1. The Agency does not provide any services for individual configuration of hardware and software with on-site visits to the user's residence or workplace.
2. In accordance with Part 2 of Article 6 of Federal Law No. 152-FZ dated July 27, 2006, "On Personal Data," the processing of the user's and/or passengers' personal data is carried out for the purpose of executing this agreement and the transportation agreement, insurance, accommodation, and other services, one of the parties to which is the Customer and/or passenger. Personal information of passengers is not subject to distribution, except in cases provided by the legislation of the Russian Federation.
3. The Agency undertakes to use all personal data of the Customer and/or passengers, specified by them during registration in the system and in the process of placing the Order, exclusively for arranging the sale of the relevant services, user identification, and support. More details in the section "Security and Confidentiality".
4. The Agency provides Customers with the opportunity to receive free telephone consultations on booking, processing, and sale of air tickets and other suppliers' services. To receive these consultations, please contact the Support Service at the phone numbers indicated on the website https://www.airate.ru/contacts or by email.
5. The Agency undertakes to inform users about special promotions and offers via email newsletters if the user has subscribed to this option when creating an order, in their personal account, or when registering on the website.
6. To unsubscribe from the Agency's informational newsletters, the user can use the option in the email itself, in the personal account, or notify the Agency in writing.
VII. Liability of the Agency and the Customer.
1. For failure to perform or improper performance of obligations under this public offer, the Agency and the Customer are liable in accordance with the current legislation of the Russian Federation.
2. The Agency is not responsible for the inability to serve the Customer for reasons beyond the Agency's control, including communication line failures, equipment malfunction, power outages, etc.
3. The Agency is not responsible for violation of the terms of the contract-offer if such violation is caused by force majeure circumstances, including: actions of state authorities, fire, flood, earthquake, other natural disasters, power outages and/or computer network failures, strikes, civil unrest, riots, epidemiological situation, any other circumstances, not limited to the listed, which may affect the Agency's performance of the terms of this Public Offer and are beyond the Agency's control.
4. The Agency is not responsible for the Customer's combination of scheduled and charter flights.
5. The Customer is informed that some countries prohibit the combination of scheduled and charter flights, due to which passengers may not be allowed to fly on the purchased tickets.
6. The Agency does not provide the Customer with consultations on the possibility of flying charter flights. The decision to book a charter ticket is made by the Customer independently. The Agency's authority does not include checking the possibility of using the tickets purchased by the Customer and is limited only to assisting the client in booking the tickets independently chosen by the Customer.
7. The Customer undertakes to independently check the relevance and departure time of the charter flight. As a rule, this information is published in the departure airport's schedule one day before the intended departure time.
8. All information regarding schedules, seat availability on flights, tariffs and their application rules, as well as other conditions for the provision of the offered services is posted on the Agency's website in full accordance with how it is presented in the booking systems by the direct service providers (Suppliers) or their authorized representatives. The Agency, despite the competence and careful selection of service providers, cannot conduct a total independent verification of the information provided by the service providers and cannot guarantee the complete absence of inaccuracies in it, and therefore is not liable to the Customer for any erroneous data about the services, as well as for any harm or losses caused to the Customer due to errors in the information.
9. The Agency is not responsible for non-compliance by the direct service providers (Suppliers) or their representatives with the booking conditions and tariff application rules, as these conditions and rules are under the exclusive jurisdiction of such Suppliers.
10. The Customer assumes full responsibility for preparing all necessary travel documents. The Customer should familiarize themselves with and comply with all requirements of the country to which they are traveling, the country from or through whose territory their transportation is carried out, regarding the transportation of passengers, baggage, and cargo, compliance with flight safety requirements, aviation security, and requirements related to border, customs, sanitary-quarantine, veterinary, phytosanitary quarantine control, including regarding the preparation of documents necessary for departure and arrival, visa conditions, valid passports, powers of attorney, or other documents for children's departure, etc. The Agency is not responsible for the Customer's ignorance or non-compliance with these requirements. The Customer's non-compliance with these requirements may entail unilateral termination of the transportation contract by the Carrier.
11. The Agency is not responsible and does not accept financial or other claims from Customers or passengers in cases where the passenger is deported due to errors made by the Customer when preparing documents, and for any other reasons beyond the Agency's control.
12. Financial claims presented to the Agency by Carriers or partners in case of passenger deportation for any reasons beyond the Agency's control are subject to re-invoicing to the Customer or passenger for reimbursement.
13. Disputes regarding the execution of this contract-offer are subject to consideration by the appropriate court in accordance with the legislation of the Russian Federation. Compliance with the claim procedure, unless otherwise provided by law, is mandatory. A written claim to the Agency should be sent to the Agency's postal address or to the email address info@airate.ru. The response time to the claim is 30 working days from the date the Agency receives the claim, unless another period is provided by law.
VIII. Procedure for Amending and Terminating this Public Contract-Offer.
1. The Agency reserves the right to make changes to the terms of this contract-offer at any time. Unless the effective date of the changes is specifically stated, they take effect from the moment of their publication on the Agency's website at: https://www.airate.ru.
2. The Customer's use of the Agency's website after changes are made to the contract-offer is unequivocally understood by the Agency and the Customer as consent to the changes made.
3. This contract-offer may be terminated at any time at the initiative of the Customer or the Agency by sending the other party a corresponding notice by mail.
4. The Agency has the right to terminate the contract-offer at any time without prior notice in case of violations by the Customer of the booking and payment procedures and deadlines.
IX. Term of the Contract-Offer.
The contract comes into force from the moment of its conclusion (acceptance of the offer) and is valid for one year. If neither party, one month before the expiration of the contract term, submits a proposal for its termination, the contract is considered extended for the next year. The specified termination and extension procedure applies for each subsequent year.
X. Details and Contact Information of the Agency
Support Service:
XI. Appendices.
The appendices are an integral part of the contract-offer. Acceptance of the contract-offer means acceptance of all its appendices.
Appendix 1. Consent to the processing of personal data for visitors to the website https://www.airate.ru.
Appendix 1. Consent to the Processing of Personal Data
Hereby, freely, by my own will and in my own interest, I express my consent to AIRATE LLC, TIN 7713487083, legal address: 127474, Moscow, Beskudnikovsky Boulevard, building 24, office 10 (hereinafter referred to as the "Company") for automated and non-automated processing of my personal data, including using Internet services Google Analytics, Yandex.Metrica, and others in accordance with the following list:
- source of access to the website https://www.airate.ru (hereinafter referred to as the "Company's Website") and information about the search or advertising query;
- data about the user's device (including resolution, version, and other attributes characterizing the user's device);
- user clicks, page views, field filling, banner and video displays and views;
- data characterizing audience segments;
- session parameters;
- data about the time of visit;
- user identifier stored in cookies, etc.
I give my consent and confirm the consent of the persons indicated by me in the booking to the processing of personal data, including their transfer to third parties ensuring or servicing transportation, as well as to cross-border transfer of personal data. For the purposes of increasing the awareness of visitors to the Company's Website about the products and services of the Company, providing relevant advertising information and optimizing advertising, I also give my consent to the Company providing my personal data as a visitor to the Company's Website to agencies with which the Company cooperates.
The Company has the right to process my personal data in the following ways: collection, recording, systematization, accumulation, storage, updating, modification, use, transfer (distribution, provision, access).
This consent comes into force from the moment I access the Company's Website and is valid for the periods established by the current legislation of the Russian Federation.
For more details about our privacy policies, please read the section "Privacy Policy".
For inquiries regarding the processing of personal data, please send requests to the email address: info@airate.ru.
Appendix 2. List and Description of Services Provided
I. Booking, Processing, and Sale of Air Tickets and Additional Services of Carriers for Scheduled and Charter Flights.
Services for booking, processing, and sale of air tickets and additional services of carriers for scheduled and charter flights are provided by the Agency under agreements concluded between the Agency and authorized organizations that have relevant agreements with service providers.
II. Insurance.
The service of combined passenger insurance for the duration of the flight (against accidents and baggage), insurance of citizens traveling outside their permanent place of residence, and other insurance products are provided by the Agency to Customers under an agreement concluded with the insurer JSC "Insurance." The insurance service is an accompanying service when issuing an air ticket and cannot be issued independently without issuing an air ticket. By agreeing to the insurance service, the Customer accepts the Terms of the public offer to conclude an insurance contract and the insurance rules posted in the section "Insurance" on the Agency's website: https://www.airate.ru/insurance
III. Booking, Processing, and Sale of Services: Rail Tickets, Hotels, Car Rentals, Tours, Transfers, Events.
Booking, processing, and sale of Suppliers' services are provided by the Agency's partners under agreements concluded between the partners and the Suppliers. The user accepts the partner's offer in the corresponding section of the Agency's website.
IV. Booking VIP Lounges at Airports.
At the Customer's request, the Agency organizes the booking of premium lounge services, expedited flight check-in, and related additional services provided at airports under agreements with direct service providers (Suppliers) in accordance with the current price list published on the Agency's website. The terms and conditions of service booking, payment procedure, and refusal of previously booked services are carried out in accordance with the rules established by the direct service providers (Suppliers) published on the website. In case of refusal of booking services, the service cost is refunded in accordance with the rules established by the direct service providers (Suppliers) published on the website.
V. "Ticket Without Borders" Service.
The "Ticket Without Borders" service (hereinafter referred to as the "Service") is an additional service provided by the Agency and is available for purchase during the air ticket booking process.
When refunding an air ticket, the Service allows:
a) refund of the service fee set by the Agency;
b) guarantees processing of the refund request within 72 hours from the moment of its submission;
c) ensures the refund of funds for the air ticket within 72 hours from the moment the refund is approved by the Service Provider.
Limitations of liability:
a) The Service does not cancel or cover fines, losses, commissions, and other fees established by the Service Provider (airline).
b) The Agency is not responsible for the delay in the receipt of funds to the Customer's account caused by:
• prolonged processing of the payment by the bank or payment system;
• other circumstances beyond the Agency's control.
Appendix 3. Interface for Independent Booking and Payment of Suppliers' and Agency's Services
On the main page of the website https://www.airate.ru, there is a form for setting search parameters for air tickets and rail tickets. The Customer independently indicates the flight direction, dates, the required number of tickets, including passenger types (adults, children, infants without a seat).
After submitting the request via the search form, the Customer proceeds to the search results stage. Here, according to their own preferences, using sorting and filters, the Customer selects the most suitable result, then proceeds to the stage of viewing the details of the selected flight and processing. The Customer is offered to enter passenger data manually or, by logging in with an existing account, select passengers from the data saved in their personal account on the website https://www.airate.ru. All data must be entered correctly and must not be duplicated by the Customer in other, non-canceled or paid orders. The Agency is not responsible for any consequences related to the user's registration of more than one order for one passenger with the same parameters, including if at the time of creating a duplicate booking the initially created booking was not paid by the Customer, and also has the right to cancel one or both bookings upon their discovery.
The Customer familiarizes themselves with all booking conditions during the booking process. If the Customer does not understand any transportation conditions, including conditions for refusal, refund, exchange, or making any changes to the completed Order, the Customer must clarify the necessary information with the Website Support Operator by phone or through the feedback form located on the website.
When placing a booking, the Customer must fill in all fields indicated in the booking dialogue as "mandatory" for filling. The Customer, at their discretion, supplements the Order with related services of suppliers from the available ones.
Independently created orders are final in nature and are subject to automated processing in the Agency's Data Processing System.
By paying for an independently created order, the Customer confirms their agreement with this Offer Agreement, as well as agreement with all the details of their trip, including flight dates, departure and arrival times, transfers, passenger data, service class, etc.
The booked Order must be paid by the Customer within the time specified after placing the Order (time limit), by any of the available payment methods indicated in the order. These may include bank card, electronic wallets, cash payment at communication salons. More details about payment on the website page "Payment Methods".
After the Customer makes the payment, electronic air tickets are automatically generated in the Booking System. The issued air tickets appear in the order and the Customer's personal account on the website, and are also sent to the email address specified when placing the order. In some cases, air ticket issuance takes longer from the moment of Order payment. This information may relate to charter transportation.
In case of untimely receipt of payment information by the Agency, the booking may be canceled by the carrier or the Agency if the order payment time limit is reached. In this case, the order is considered canceled and cannot be restored by processing it by the Agency.
The current version of the booking process is available on the website at: https://booking.airate.ru.
Appendix 4. Interface for Storing and Editing Customer User Data — Personal Account
Section "My Orders" — a closed area of the Agency's website, accessible only to Users who have completed the registration procedure, and containing information on all the User's Orders, personal settings, and tools for working with the automated booking system, namely:
- • Subsection "Passenger Data" — a mechanism for storing and editing passenger data for subsequent bookings on the Agency's website.
- • Subsection "Personal Data" — a mechanism for storing and editing Order delivery addresses, contact information, and User registration data.
- • SMS Notification Management Service — a mechanism for setting up SMS notifications about the booking and order processing procedure via the Agency's website.
- • Authorization — a mechanism for authenticating a User registered in the system by login and password to provide the ability to use the Agency's services.
Appendix 5. Means of Information Support and Order Accompanying for Orders Created on the Agency's Website by the Customer.
- • Schedule — a section of the Agency's website providing information about the schedule of regular flights for the current season, etc.
- • Email Notifications — a mechanism for notifying by email about the progress of booking and processing the Order via the Agency's website.
- • Interactive Help — the Agency provides free informational support to the Customer in the form of messages and hints within the interface during the booking dialogue on the website, as well as in the "Help" section of the website about all details that may affect the course of providing booking and Order processing services.
- • Support Service — provides free consultation and support to the Customer during booking and processing the Order on the Agency's website via phone, email, or the website's feedback form.