Shedule of MULTICLUB system

The present Schedule regulates the relationship between the Holders of Certificate of MULTICLUB and the Operator-seller, was adopted in order to achieve full and final agreement between the above-mentioned parties, providing of the most complete high-quality and timely delivery to the Holder, based on the spirit of law and in force rules of law and is called to more fully and in detail to establish the rights and obligations of the Holder and the Operator. This Schedule contains the final and full terms of the agreement of the Parties. The Holder and the Operator entering into an agreements, to adopt the positions hereof as fundamental in the regulation of emerging between the rights and responsibilities. 1.Basic terms. The OPERATOR is a legal entity of “XANTO TRADING LLP” located to address of 235 Old Marylebone Road, London, NW1 5QT, United Kingdom, which is the owner of “MULTICLUB”, organizer of the system. A HOLDER is a physical or legal entity, which purchased membership in MULTICLUB, is it an effective member, and also owning the certificate of MULTICLUB. “MULTICLUB” is a product provides a set of rules and conditions, providing a complex of tourism product provides a range of services of the provision of travel documents: airline tickets, train tickets, , tickets on the wheeled passenger transport and more, all of are described in “Schedule of MULTICLUB”. Accommodation in the residence of the holder, supply, transfer, excursions, medical insurance, and other services of the tourist nature. The Partner of Operator is physical or legal entity, participating in the partner program of Operator in accordance with Agreement about providing of services. Certificate is a unified form of document that specifies the technical and special conditions of use to «MULTICLUB». The certificate is a document confirming the right to «MULTICLUB», according to the rules of “Schedule of MULTICLUB». The certificate is an integral part of the agreement to acquire membership in the system MULTICLUB. The register is a central database of Operator, which contains information about the registered Holders, other information including financial ones, necessary for the effective functioning of the system of providing of services to Holder. The application is a request the Holder to the Operator on the form set by Operator, containing the information required to complete necessary documents under the provision of complex of services provided by the Certificate, acquired by Holder or alter the previously reported information. The personal account of Holder agreement is set of information about payments to the Holder by the Operator and also services given by Operator consumed by Holder. The monetary resources transferred by Holder are taken into account on the personal account of his agreement since monetary resources acted on the clearing account of Operator, and on condition of receipt by Holder from the bank of confirmative pay documents. Parties are the Holder and the Operator mentioned together. The catalogue is a register of resorts, providing apartments for accommodation for the duration of rest of Holders of “MULTICLUB”. The resort is the specialized apartment structure, house with furniture rooms (“apartments”) for temporary accommodation of travelers. Depending on the level of resort, in them there are additional services: restaurants, disco, casino, swimming pools and other services provided by the resort are described in the catalog «MULTICLUB». Details of the Operator are set of information on the whereabouts of the Operator and his contact details: address, phone, fax, Web-site, e-mail. Details of the Operator are described in the Enclosure № 3 to these Schedule as “Details of the Operator”. Details of the Holder are set of information on the whereabouts Holder and his contact details: postal address, phone, fax, Web-site, e-mail. Details of the Holder are described in the agreement to acquire of the certificate. The type of membership is a set of technical descriptions of Membership in “MULTICLUB”. Interval (CHL) is time to find the Holder at the resort. Of consecutive seven days in the current year of «MULTICLUB». Administrative fee is pay of content of apartments on the visited the resort. 2.General. 2.1. “The operator carries out the provision, promotion and maintenance of product of “MULTICLUB”, in accordance with the provisions of agreement between the Operator and the Holder, the Schedule of “MULTICLUB”, type and specialization of membership specified in the certificate of “MULTICLUB” acquired by Holder, and on the basis of agreement, between the Operator and the Partners of Operator – by the resorts “. 2.2. List of Partners of Operator – Resorts led in Enclosure № 2 to this Schedule and can be changed by separate Order of the general Director, about what Holder of Certificate is notified in terms and in the order, foreseen in this Schedule. 2.3. The Holder agrees that information, given to them by means of filling of requests, another documents, including in an electronic form, will be used by Operator for the conduct of internal register and internal identification documents of Operator, relating to the agreement and Certificate of Holder, herewith the Operator from his side guarantees safety of such information and compliance with restrictions on its distribution in accordance with applicable law. 2.4. The Holder and the Operator acknowledge legal force of notifications and messages, directed by Operator in the address of Holder to specify by the agreement, another documents of e-mail. Such notifications and messages are assimilated to the messages and notifications, carried out in a simple writing form, by the sent Operator on the mailing addresses of Holder. The Holder and the Operator, in case of origin of some disagreements on the facts of sending, receiving message, time of their direction and maintenance, have agreed to take evidence Archive Service Operator reliable and conclusive to resolve disputes between these parties. 2.5. A conclusion of agreement on acquisition of membership in the system MULTICLUB is the consent of Holder with this Schedule published on web–site of Operator at http://www.xanto.org.uk, and the procedure of change it. A conclusion of treaty is also the consent of Holder to pay the travel product for prices and in accordance with applicable on the date of filling Holder application, made in accordance with Section Rules of this Schedule “Order of Reservation”. The prices indicated in Enclosure №1 “Unified tariff net” are considered thus actual in the moment of reserving taking into account possible changes about which Holder of Certificate is notified in terms and in the order, foreseen in a point 10.6. this Schedule. 2.6. The forms of official letters order of their grant are set by the Contractor and published on its web-site. Letters must be sent to our addresse. 2.7. The Holder agrees to observe the requirements of this Schedule, published on web -site of Operator on at http://www.xanto.org.uk. The Holder agrees that it may be affected by actions taken by the Operator to prevent the negative impact of third parties that violate the functioning of the system to provide of Operator services. The Operator will adhere to the provisions of this Schedule, the agreement to acquire of membership in the system MULTICLUB and applicable laws and guarantees for the Holder of effort of responsible officials of the Operator to minimize of such negative consequences and application of measures within the framework of current legislation on prevention of such negative consequences. 3.Terms of acquisition of ownership rights on MULTICLUB Certificate. 3.1. For the receipt of complex of services in accordance with the acquired travel product of the Operator the Holder must to sign an agreement to acquire of membership in the system MULTICLUB with Operator in a simple writing form. At the conclusion of agreement the Holder chooses the type of Certificate, which he acquires and points in the agreement to acquire membership in the system MULTICLUB items introduced regulations defining a specialization certificate and, accordingly, a complex of purchased services. 3.2. The Holder of “MULTICLUB” can be a married couple, living in married or cohabiting at the age of 28 to 68 years. 3.3. Agreement to acquire of membership in the system MULTICLUB, as well as other documents entered into between the Holder and the Operator, is accomplished in a simple writing form (except for those for whom the legislation specified otherwise). This Holder agrees with the need to provide documents, certifying the identity of the citizen in the country of residence and outside its territory, to carry out the documents necessary to support a complex of tourist services and the effective functioning of the services to the Holder. This Operator provides the confidentiality of personal data of the Holder independently, bears the responsibility for all actions, produced with its use. 3.4. All information, provided by the Holder at acquisition of tourist product, application conclusion of agreement, must be factual. In case the Holder of false information, the Operator has the right to refuse sale of tourist products and (or) to cancel the application. 4.Membership in the system «MULTICLUB» 4.1. Membership is divided into two types. The urgent. Urgent membership provides for a compulsory type of apartments of T1, season is RED, in urgent membership; the amount of membership intervals is no more than one. The holder has the right to add one more interval and more, but for each subsequent interval, he shall pay an administrative fee on the scale of charges specified in the Enclosure № 1 «Unified tariff net”. Has the following types: FB; 3Y; 5Y. The indefinite. Indefinite membership provides for at choice, any type of apartments and any type of season, the term of membership is 69 calendar years from a date indicated on a certificate. Indefinite membership includes one or more interval. The number of intervals indicated in the certificate. Has the following form: BS. 4.2. Membership can be prolonged for another term, since its completion. At the time remaining years based on the period defined by the type of membership. 4.3. The type of membership is determined by the following technological characteristics: 1. Type of apartments. Type of apartments determines the number of guests at the resort at a time, at the time of rest. A. T0 – (Studio) Accommodation is not more than two persons in the period of the interval. B. T1 – (One bedroom) Accommodation no more than four persons in the period of Interval. B. T2 – (Two bedrooms) Accommodation no more than six persons in the period of Interval. 2. Season. Season determines the permitted season during a visit of resorts. a. “RED”. During a visit to resorts throughout the year, including peak seasons. Season is also determined by the internal documents of the title of the visited resort. The priority rule is interpretation of season title documents of the visited resort. b. “YELLOW». During a visit to resorts throughout the year, except peak seasons and national holidays, season is also determined by internal documents of title of the visited resort. The priority rule is an interpretation of the season title documents of the visited the resort. c. «WHITE» Period of visit of resorts due to the lowest tourist season, are excluded visiting during peak seasons and during national holidays. Season as determined by internal documents of title of the visited the resort. The priority rule is an interpretation of the season title documents of the visited the resort. 5. Type of membership. 5.1. Type of membership. The type of membership includes of tenure by the Holder of “MULTICLUB”. A. “FB” – Time of possession membership is one interval within one calendar year. From the date indicated on the certificate. Type of apartments: T1, Season: RED. B. «3Y» – Time of possession membership is three calendar years from the date specified on the certificate, one membership interval per year. Type of apartments: T1, Season: RED. C. “5Y” – Time of possession membership of five calendar years from the date specified on the certificate, one membership interval per year. Type of apartments: T1, Season: RED. D. “BS” – Time of possession membership is 69 calendar years from the date specified on the certificate. This type of membership provides a choice of all types of apartments, all types of seasons, with the maximum number of membership intervals – fifty-three. 6. Certificate of “MULTICLUB”. 6.1. Certificate is a unified form of document that specifies the technical and special conditions of use to «MULTICLUB». The certificate is a document confirming the right to «MULTICLUB», according to the rules of “Schedule of MULTICLUB». The certificate is an integral part of the agreement to acquire membership in the system MULTICLUB. The certificate has a serial number. The certificate filled out in English and reflects the following data on the Holder of “MULTICLUB”: 1. «Holiday Certificate No» 2. «MEMBER(S)» 3. «TYPE» А. «Apartment» B. «Season» C. «Type membership» 4. «Date of Issue» 5. «Date of Expire» 6.2. The Holder shall pay an administrative fee when applying for rest. The size of the administrative fee in the Enclosure № 1 “Unified tariff net”, the administrative fee is not paid only of membership of FB. 7. Order and terms of reservation. 7.1. The Holder is obliged to provide him on the terms specified specialization of the Certificate purchased by him and agreement on acquisition of membership in the system MULTICLUB with the Operator, complex of services to send a request in time and in a due form, set by this Schedule. 7.1.1. To assist the Holder of a complex of services on the terms provided specialization acquired their certificate and a contract to purchase membership in MULTICLUB system with the Operator, an integral part of the package is to provide the Operator of Holder by transport documents in accordance with the selected out of a possible type of transport. 7.1.2. Application Form is given in Enclosure № 4 to this Schedule. 7.2. Applications should be sent to the Holder by post, fax, e-mail, service (operator) express is delivery to the Operator, either directly personally handed over by the Holder of the office of representation of the operator or in one of the offices specified in the list published on the web-site of the Operator at http://www.xanto.org.uk of partners of the Operator to the employee of the Operator (Partner of Operator) with abandonment of necessary mark about an acceptance on the copy of request of Holder. 7.3. Applications should be directed to the appropriate way to send the address of Operator or Partner of the Operator, specified in an agreement on acquisition of membership in the system MULTICLUB . 7.4. The application must be sent no later than thirty (30) calendar days before the date specified in the application by Holder as desired to start helping it acquired a range of services. This Holder should take into account that the date of delivery to the Operator by any means chosen will not exceed 10 (ten) calendar days. At a failure to observe of these terms the Operator has right, regardless of the dates and time intervals, specified in the application by Holder, make a decision about registration, to send it to the Holder and to begin providing foreseen by Certificate of Holder of services during 25 (twenty five) calendar days from the moment of receipt by the Operator in the address of application for reservation. 7.5. The operator has right to carry out the examination on their accordance to the requirements, expounded in this Schedule. During the examination before making a decision to order the Operator may request from Holder additional information required for the examination. The holder is obliged to provide for services, within 14 (fourteen) days required for delivery information. 7.6. If not providing the required information within 14 (fourteen) calendar days from the date when the Holder received notification from the Operator or the moment when the Holder had to obtain it, the Operator can refuse to accept the application. 7.7. The operator decides on the registration of application or refusal of registration on the grounds provided herein and the agreement for the acquisition of membership in the system MULTICLUB. 8.Terms of payment and settlement procedure. 8.1. Formation of the total value of tourism product and the size of the administrative charges shall be in accordance with Enclosure № 1 ” Unified tariff net ” to this Schedule and subject to the rules, the claimed Partners of Operator – Resort. 8.2. The Operator, in accordance with applicable tariffs on services, takes into account information about payments of Holder, and also services consumed by Holder, on the personal account of agreement of Holder. The monetary resources transferred by Holder are considered included on the personal account of his agreement since monetary resources acted on the clearing account of Operator, and on condition of receipt by Operator from the bank of confirmative pay documents, identifying the payment. 8.2.1. Access to information of the personal account of Holder agreement provided in accordance with the provisions of the agreement on acquisition of membership in the system MULTICLUB and select (s) in it a method (s) by Holder. 8.3. When you register as Holders of pay document in the section «Setting of payment” is obligatory reference to his number of agreement with the Operator. 8.4. Settlements between the Holder and the Operator can be maintained on the verbal (writing) (fixed in the agreement to acquire membership in the system MULTICLUB) agreement between the Parties as a way to cash and non-cash in accordance and pursuant to the provision of existing legislation governing such transactions. 8.5. In order to comprehensive, complete and adequate provision of services, if the Holder wish to use package of purchased services and direction to the Operator’s application by the Holder of a lump sum charge an administrative fee. The corresponding financial document on payment of Administrative fee will be sent to the Operator of the Holder together with confirmation of application under the provision of this Schedule to confirm the application deadline. Administrative fee must be paid no later than ten (10) calendar days from receipt of its by the Holder on the proper address, but no later than the Holder of the provision of services to arrange his transfer to the location of the Resort and (or) its location at the resort. The amount of administrative fee is indicated in the Enclosure № 1 “Unified tariff net” hereto. 8.6. Administrative fee is not paid only in the type of membership “FB”. 9. Mutually responsible of Owners and Operators. 9.1. Holders and (or) Operator failure to perform or improper performance of obligations under the Agreement on the acquisition of membership in the system MULTICLUB, the provisions of this Schedule shall bear the responsibility under applicable law, subject to the conditions established by this Schedule. 9a. Force majeure 9a. 1. Holders and (or) Operator shall be responsible for the partial or complete nonperformance of obligations, foreseen by this Schedule due to force majeure arising its conclusion. 9a. 2. For reasons of force majeure, in particular, include: natural calamities; natural and industrial disasters; acts of terrorism; military operations; civil disorders; acceptance by public authorities or local government acts, containing the prohibitions or limitations in regard to activity of Owners and (or) Operator by this Agreement, other circumstances that could not be foreseen or prevented by the Holders and (or) Operator and make it impossible to fulfill the obligations set forth herein the Holders and (or) Operator. 9a. 3. Holder and (or) Operator in case of circumstances requiring a release from responsibility in accordance with this Schedule immediately, but not later than 3 (three) working days from the moment of their origin, notify about such circumstances to the other side by agreement on acquisition of membership in the system MULTICLUB. Late notice of force majeure circumstances denies the right of exemption from liability. 9a. 4. In the event of force majeure, preventing the fulfillment of obligations stipulated by this Schedule, the term of implementation of such obligations will be extending according to the duration of such circumstances, as well as the time required to deal with its consequences, but no more than 60 (sixty) calendar days. In the force majeure circumstances continue to operate more indicated terms, or if, the occurrence of the Holders and (or) Operator becomes apparent that it will continue beyond this period, Holders and (or) Operator shall consider the possibilities of alternative ways of fulfilling obligations under this Schedule, or termination of relationships, establishing rights and obligations between them without reimbursement of losses. The Operator shall return to the Holder of the unused funds from the net of actual costs incurred by the Operator. 10. Other terms and final provisions. 10.1. Neither the Operator nor the Holders can not assign its rights and obligations by this agreement without the consent of the other parties to the agreement for the acquisition of membership in the system MULTICLUB. 10.2. The relationship between the parties arising in connection with the conclusion, termination of the acquisition of membership in the system MULTICLUB, with the performance of obligations under it, suspension of obligations, to extend the term of the agreement and other grounds are regulated by current legislation. Thus Holders and (or) Operator accept the condition and requirements of customs of business turnover practice adopted in the EU concerning the rights and obligations arising between Holders and (or) Operator in connection with a conclusion of Agreement between them on acquisition of membership in the system MULTICLUB. 10.3. Any dispute arising between the Holder and (or) Operators, including in connection with the performance, breach, termination of duties under this Schedule, and (or) Agreement to acquire membership in the system MULTICLUB, invalidity of the contract to acquire membership in the system MULTICLUB, transferred before the court. 10.4. Complaint procedures for dispute resolution is required. The term of execution for answering the claim in writing is 10 (ten) calendar days of receipt without time for its delivery of any selected method. 10.5. The procedure for calculating the intervals are in accordance with the rules stated Partners of Operator – Resorts. 10.6. Entering into the real text of Schedule of changes or additions made only in accordance with established procedure by separate Order of the Director general, as the Holder must be notified in writing by mail for a term of 10 (ten) calendar days from the moment of issuance of Order of the Director general without regard to time of delivery of notification to Holder by mail. 10.7. The operator ensures that delivered to him by the Holder of information, including personal data of the Holder, will be used exclusively for the performance of obligations under this Scedule.