Terms of Service
Terms of Service
The present document (hereinafter – the Agreement) represents terms and conditions, which regulates a legal relationship between the Company and the Customer and the purpose of it is to define conditions of rendering Services by the Company and other conditions definitive for the above mentioned legal relationship.
1.1. Unless the Agreement specify otherwise, or its context requires otherwise, the below definitions have the following meanings in the Agreement:
1.1.1. Company/Provider/Travel Agency - Adventure Green Georgia LLC (I/N 402115992);
1.1.2. Customer/Client/Tourist – Client, who confirms his/her wish of getting Service from the Company via signing the application and agrees to the foregoing terms of Service;
1.1.3. Participant(s) of the Tour – Those person(s) who are indicated in the application by the Client and who will get the Service together with the Client;
1.1.4. Web-page – web-page of the Company which contains details about tours announced by the Company and the address of which is www.agg.travel;
1.1.5. Offer/Tour/Travel Rout – Each offer placed on the Web-page by the Company which indicates all details about planned Travel Rout (including, but not limited: list of places that should be looked trough during the Tour, dates of the Tour; list of activities that should be performed during the Tour; minimum and maximum numbers of Tourists; prices for each Tourist and Participant of the Tour etc.);
1.1.6. Purchasing of the Service – Purchasing of the Service by the Client via signing the application or by the means of the Web-page (using an electronic commerce);
1.1.7. Number of the Offer – Number that is granted to each Offer placed on the Web-page by the Company and by which Offers can be identified;
1.1.8. Price of the Tour – Price that should be paid by the Client for getting the Service from the Company, amount of which is defined by the offer placed on the Web-page. Amount of Price of the Tour is also indicated in the application signed by the Client;
1.1.9. Application – material and/or electronic application by signing of which Client confirms his/her wish to get the Service from the Company and agrees with Terms of Service defined by the Agreement and which is the integral part of the Agreement;
1.1.10. Annex – the annex(s) to the Agreement (if any), representing integral part of the Agreement and effective in conjunction with it;
1.1.11. Legislation – effective legislative instruments and by-laws of Georgia and international agreements and covenants included in the system of normative acts of Georgia;
1.1.12. Third party – any Party except the Company and/or the Customer/Client;
1.1.13. Party/Parties – the Company and/or the Customer/Client, as the context may require;;
1.1.14. Working day – any day, except Saturday, Sunday or official holidays defined by the Legislation;
1.1.15. Agreement – this Service Agreement (Terms of Service) concluded between the Parties and any additional Annex (if any), concluded/to be concluded between the Parties in relation to the implementation of this Service Agreement, including the changes and additions introduced to such documents from time to time;
1.1.16. Concluding/signing of the Agreement – the fact of signing the Application by the Client, which confirmes that the Client agrees with terms defined by the Agreement.
2. Subject and additional terms of the Agreement
2.1. Based on the Agreement and in accordance with its terms and conditions, after signing the Application by the Client/Customer:
2.1.1. The Company undertakes to organize a Travel Rote/Tour for the Client and Participants of the Tour number of which (Number of the Offer) is defined by the Application signed by the Client (hereinafter – the Service);
2.2. The Client undertakes to pay the Price of the Tour defined by the Application no latter than 5 (five) working days since signature of the Application. Moreover, if there is less than 5 (five) days between the date of signature of the Application and the date of the Tour, the Client is obliged to pay the Proce of the Tour at the date of signature of the Application.
2.3. If there is less than 1 (one) day between the date of expression of a wish of signature of the Application and the date of the Tour, the Company is entitled not to conclude the Agreement.
2.4. In case of Purchasing the Service by the Client by the means of the Web-page, payment of the Price of the Tour via electronic commerce will be deemed as an agreement of the Client to the foregoing Terms of Service.
2.5. If there is less than 1 (one) day between the date of Purchasing the Service by the Client by the means of the Web-page and the date of the Tour, the Company is entitled to terminate the Agreement unilaterally. In this case the Company is obliged to send a notice to the Client without any delay and return the Price of the Tour received via electronic commerce within 5 (five) working days.
2.6. Non-payment of the Price of the Tour in terms defined by sub-paragraph 2.1.2 of the Agreement is a reason of automatic termination of the Agreement. In this case both Parties are free from any kind of responsibilities.
2.7. In case of unilateral termination of the Agreement by the Client:
2.7.1. If there is more than 15 (fifteen) days left between the date of termination of the Agreement and the date of the Tour, the Company is obliged to return the full amount of the Price of the Tour received from the Client within 30 (thirty) days since the date of termination of the Agreement;
2.7.2. If there is more than 5 (five) and less than 15 (fifteen) days left between the date of termination of the Agreement and the date of the Tour, the Company is obliged to return 80 (eighty) % of amount of the Price of the Tour received from the Client within 30 (thirty) days since the date of termination of the Agreement. The rest amount will be deemed to be paid as a penalty for termination of the Agreement;
2.7.3. If there is less than 5 (five) days left between the date of termination of the Agreement and the date of the Tour, the Company is obliged to return 50 (fifty) % of amount of the Price of the Tour received from the Client within 30 (thirty) days since the date of termination of the Agreement. The rest amount will be deemed to be paid as a penalty for termination of the Agreement and as a compensation for damage taken by the Company.
2.8. In case of unilateral termination of the Agreement by the Company, the Company is obliged to return the full amount of the Price of the Tour received from the Client within 30 (thirty) days since the date of termination of the Agreement. In this case the Company is not liable for any kind of damage taken by the Client due to the termination of the Agreement.
2.9. The Company is not liable for any kind of damage taken by the Client and/or any Participant of the Tour during the process of rendering the Service unless the damage is caused by the Company and/or any of it’s employees.
2.10. The Company is entitled to use any photo and/or video tapes taken during the process of rendering the Service for the purposes of the Company, including but not limited: for creation of advertising materials of the Company.
3. Representations and Warranties
3.1. The Customer represents and warrants that:
3.1.1. As of the moment of Purchasing the Tour, he/she/it is/will be capable (among them established according to the procedure stipulated for by the Legislation);
3.1.2. He/She/it Purchased the Tour and agreed to the Terms and Conditions of the Agreement voluntarily, without any violence, threat, cheating, misleading and/or any other circumstances on behalf of the Company or the Third party;
3.1.3. During the period of the legal relationship defined by the Agreement, he/she/it will fulfill obligations defined by the Agreement, disregard of which may have adverse effect on above mentioned legal relationship;
3.1.4. His/her/its actions are/will not be intended to cheat the Provider. Taking into account this principle, the document and/or information submitted by him/her to the Provider for the purpose of execution and/or implementation of the Agreement, at the moment of submission, is/will be true, correct and complete;
3.1.5. The violation of the Provider’s policy or any of the above-mentioned clauses will immediately cause his/her/its disqualification from the process of procurement of the Services and/or termination of the Agreement.
3.2. These Representations and Warranties of the Customer are in effect prior to full and due performance of the obligations assumed by the Parties under the Agreement, despite full or partial termination of the Agreement.
3.3. The Customer shall immediately inform the Provider in writing regarding all circumstance(s) which may be incompliant with his/her/its above Representations and Warranties and/or cause their violation; Also, he/she/it shall notify the Provider on any such occurrence which jeopardizes the Customer’s assets/property and/or full and due performance by the Customer of obligations assumed under the Agreement.
3.4. The Parties represent and acknowledge that the Provider enters/will enter into and enforce the Agreement only on the basis of the above Representations and Warranties of the Customer.
4. Other Rights and Obligations of the Parties
4.1. In order to ensure implementation of the Agreement the Parties:
4.1.1. Are authorized to use in full and duly the rights defined by the Agreement and/or applicable Legislation;
4.1.2. Are obliged to fulfill in full and duly the obligations defined by the Agreement and/or applicable Legislation.
4.2. If the circumstances that had provided grounds for entering into Agreement explicitly changed after signing/conclusion of the Agreement and the Company would not have signed/concluded the Agreement or would have signed/concluded it with different contents in view of the said changes, the Provider is authorized to request and the Customer is obliged to ensure matching of the Agreement with the changed circumstances. When making decision on changing some Terms of the Agreement, extent of changed circumstances on the Terms of the Agreement shall be taken into consideration. Herein, Parties agree, that data provided by the Company for the purposes of confirmation of facts defined by this paragraph will be deemed to be a valid information and/or documentation.
5. Responsibilities of the Parties
5.1. The Parties undertake to compensate each other for the damages (loss) caused by their failure to implement the Agreement in full or partially or by improper implementation, in the manner established by the Legislation, while compensation of the damages (loss) does not relieve the Parties of fulfillment (payment) of obligations under the Agreement.
5.2. Neither of the Parties shall be held responsible for their failure to meet their obligations under the Agreement in full or partially, or for discharging their obligations improperly during the Force Majeure circumstances.
6.1. Settlment transaction between the Parties is carried out only by way of non-cash payment.
6.2. Settlement shall be carried out in national currency of Georgia.
6.3. Amounts that should be paid by the Client shall be transferred to the foregoing bank account of the Company: Name of the bank: JSC TBC Bank; bank code: TBCBGE22; account number: GE76TB7337136080100010.
6.4. Amounts that should be paid by the Company shall be transferred to the bank account of the Client defined by the Client himself.
7. Communication between the Parties
7.1. Any official communications between the Parties shall be in writing. A written notice for the Party may be delivered personally or sent by courier (including international courier) or post (including insured post). For the purpose to save time and taking into account the provisions outlined below, notice to the Client may be delivered through email or mobile phone via SMS.
7.2. Sending a notice by the Client to the Company shall be carried out at the head office of the Company, address of which is: Georgia, Tbilisi, Ana Politkovskaia st. N55; or shall be sent to the E-mail addres of the Company: firstname.lastname@example.org.
7.3. Sending a notice by the Company to the Client shall be carried out at the address or E-mail of the Company defined by the Application.
7.4. Each Party is obliged to notify another Party in a timely manner on change of the address/addresses or any of the data, otherwise communications carried out at the address provided by the Party (sending notices, etc.) shall be deemed duly performed.
7.5. A notice shall be deemed delivered on the delivery date if the recipient confirms such delivery (including through electronic document, receipt, other relevant means of communication, etc).
7.6. A notice shall be deemed received in case the sending Party receives back a notice due to absence of the receiving Party at the given address/contact data, the recipient refuses to accept the notice or avoids receiving a notice.
8.1. The Parties shall keep any kind of information received from the other Party confidential throughout the entire term of the Agreement and after completion of the contractual relations.
8.2. The above limitation regarding confidentiality shall not refer to information or disclosure of information:
8.2.1. Which was known without the breach of the Legislation to the Party receiving information prior to delivering information to another Party;
8.2.2. Which will be disclosed by the Parties by adhering the requirements of the Legislation and for their due performance (including for exercising its rights by any of the Parties through court (including arbitration court));
8.2.3. If disclosure of information will be carried out for the purpose of exercising the rights of the Parties resulted from failure to perform or duly perform the conditions of the Agreement, and/or for monitoring of fulfillment by the Customer of the conditions of the Agreement. In this case, the disclosing Party shall be fully responsible for keeping by the Third party information delivered to it confidential;
8.2.4. Which may be obtained from other sources;
8.2.5. Which is, or will become available to the Third party a) upon written agreement of the Parties in which case the Party disclosing information shall be fully responsible for keeping by the Third party information delivered to it confidential or b) independently of any of the Parties.
9. Claims and Disputes
9.1. Claims arising from the Agreement the Parties may deliver to each other in writing and/or verbally. A Party receiving a claim shall within 5 (five) calendar days satisfy the claim fully or partially or notify the other Party in writing and/or verbally on refusal to satisfy the claim.
9.2. Any dispute arising regarding to the Agreement (including existence, interpretation, implementation and execution of the Agreement) shall be resolved through negotiations. In case of failure to negotiate, the Parties shall refer the disputed issue to court. At the same time, the Parties agree that the decision made by the first instance court in favor of the Provider shall be immediately executed.
10. Effectiveness and Termination of the Agreement
10.1. The Agreement becomes effective since the moment of signing the Application by the Client or purchasing the Tour by the Client via Web-page and stays effective until the Parties discharge the obligations assumed under the Agreement in full and properly.
10.2. Early termination of the Agreement is possible:
10.2.1. by the Parties’ written agreement;
10.2.2. by any of the Parties, by sending a prior notice to the other Party. In this case paragraphs 2.6 and 2.7 of the Agreement shall be effective;
10.2.3. automatically in case defined by the paragraph 2.5 of the Agreement;
10.2.4. In other cases defined by the Legislation.
10.3. Termination of the Agreement in full or partially does not relieve the Customer from the discharge (payment) in full and properly of obligations assumed under the Agreement and/or the obligations established by the Legislation before the moment of coercive or voluntary enforcement of such obligation.
10.4. If the results (responsibility) of termination of the Agreement in full or partially are not stipulated by the Agreement, the Parties shall be guided by the applicable Legislation.
11. Modifications and Amendments
11.1. Amendments and modifications to the Agreement may be made in writing, as agreed by the Parties. Herein, the Company is entitled to make amendments and modifications to the Agreement unilaterally, without further acceptance of the Client.
11.2. Amendments and modifications to the Agreement made by mutual agreement shall be effective since the moment of its signing.
11.3. Amendments and modifications to the Agreement made unilaterally by the Company becomes effective after 5 (five) days since the moment of it’s publication on the Web-page. Before this amendments and modifications will become effective, if the Client does not agree with them, he/she/it can ask for termination of the Agreement.
11.4. Amendments and modifications introduced to the Agreement represent Annex and integral part of the Agreement.
12. Other Conditions
12.1. The Parties confirm that the contents of the Agreement explicitly expresses the will of the Parties and that the expression of such will occurred as a result of reasonable judgment of the contents of the Agreement and not solely based on literary meaning.
12.2. No use by the Party of the rights granted by one of the Parties to the other with regard to full or partial breach of the Agreement and/or Legislation shall not apply to any subsequent breach of the Agreement.
12.3. Annulment of any of the article(s), paragraph(s) and/or sub-paragraph(s) of the shall not cause annulment of other paragraph(s) and/or sub-paragraph(s) of the Agreement. Instead of the annulled provision, new provision will be used which will allow easier achievement of the goal envisaged by the Agreement (including by annulled provision).
12.4. The Agreement is interpreted and regulated according to the Legislation. In cases not envisaged by the Agreement, the Parties shall adhere to the norms established by the Legislation regulating relevant relationships and/or additionally agreed terms.
12.5. The Agreement is made in the Georgian, English and Russian languages and its warding is uploaded on the Web-page.