AGREEMENT (OFFER)

for the provision of leisure services

Individual entrepreneur Evgeny A. Titkov, taxpayer ID number (INN) 583712953194 Primary State Registration Number of the Individual Entrepreneur (OGRNIP) 325580000069201, hereinafter referred to as the "ORGANIZER," on the one part, and the individual entering into this Agreement, hereinafter referred to as the "CUSTOMER," on the other part, have entered into this Agreement as follows:

1.TERMS AND DEFINITIONS

The Direct Service Provider shall mean a legal entity, individual entrepreneur, or individual who is directly responsible for providing the Services specified herein.
The Accompanying Person shall mean a person who assists an individual Participant or a group of the Participants during a trip/excursion in accordance herewith.
The Guide shall mean a person who provides services to familiarize participants with the sights in the country/place of temporary stay in accordance with the Program.
The Services shall mean a service or set of services to be provided by the ORGANIZER and/or other service providers independently, included herein (clause 2.1).
The Program shall mean a set of services to be developed by the ORGANIZER and containing essential conditions, namely the itinerary, including a list of all locations to be visited by the CUSTOMER during the trip, a list of services and their cost, and other information necessary for the CUSTOMER to make the trip. The Program will be drawn up as an Appendix hereto.
The Participant shall mean the CUSTOMER and/or persons in respect of whom the Agreement is concluded, who use or intend to use the Services included in the Program
The Application shall mean an electronic document completed and sent by the CUSTOMER in the form established by the ORGANIZER, or sent in the form of a personal message in the official groups and accounts of the ORGANIZER or by the methods specified therein. Correspondence between the PARTIES regarding the Program shall be an agreement of terms that reflects all conditions essential to the CUSTOMER.

2.SUBJECT-MATTER OF THE AGREEMENT

2.1. In accordance with the terms hereof, the ORGANIZER shall, at the CUSTOMER’s request, provide services for:
2.1.1. development of the Program - information services for providing optimal vacation options, obtained by the ORGANIZER based on an analysis of reference information on a variety of hotels and other accommodation facilities, means of transportation, health resort and recreation facilities, catering facilities, insurance companies, entertainment facilities and means, facilities for educational, business, medical and health, physical training and sports, and other purposes, as well as companies providing the services of tour guides, escort interpreters and instructors, processing and systematizing data on tourist routes offered in the region, selecting offers for the CUSTOMER and alternative travel options, as well as providing information about the country/place of temporary stay and travel conditions obtained from official sources and advertising materials.
2.1.2. booking services from the Direct Service Providers and/or providing services, information about which is reflected in the Program, Application, or other Appendix,
2.1.3. conducting wellness and excursion activities independently and with the involvement of third parties, including a workshop on the Wim Hof method (breathing exercises, hardening),
2.2. The Accompanying Person (if the service is included in the Program) provides assistance with hotel accommodation, meeting at the airport/train station, and accompaniment as part of the Program. The Accompanying Person will not provide assistance in resolving the Participant's personal problems that are not related to the provision of the Services specified in the Appendix or the Application. The Accompanying Person will provide guide services (unless otherwise specified in the Program).

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

 3.1 The ORGANIZER shall:
3.1.1. Provide the CUSTOMER with information required by the Russian legislation:
— on the consumer properties of the Services;
— on the rules and conditions for the safe use of the Services by posting the relevant information in the Program description on the ORGANIZER's website or by other remote means through the Internet;
3.2.2. Provide the Participant with the Services in accordance with the terms hereof;
3.2.3. Provide the Services personally or with the involvement of any third parties;
3.2.4. Familiarize the Participant with the contraindications and safety precautions of the Program.

3.2 The ORGANIZER shall be entitled to:
3.2.1. In the event of unforeseen circumstances, change the route schedule and the sequence of excursion, cultural, and recreational activities depending on weather conditions, the condition of the group, and other factors, as well as for the safety of the group.
3.2.2. Demand compensation for losses incurred in connection with the Participant’s actions/inaction.
3.2.3. Refuse to provide the Services to the Participant if the Participant is in a state of alcoholic/narcotic/toxic intoxication, if the Participant's state of health poses a danger to other members of the group or to the Participant himself/herself. In this case, the PARTIES agree to consider the impossibility of providing the Services through the Participant’s fault.
3.3 The CUSTOMER shall:
3.3.1 Pay the full cost hereof in a timely manner under the terms and conditions set forth herein.
3.3.2. Strictly comply with the techniques, safety measures (posted on the ORGANIZER's website www.dishitour.ru, or provided directly at the event) and all instructions of the ORGANIZER or the Accompanying Person in accordance with the instructions received.
3.3.3. Have the equipment specified by the ORGANIZER to provide the Services (if this condition is determined by the nature of the Program).
3.3.4. Before the start of the Services, provide the ORGANIZER with written information about the physical condition, physiological characteristics of the health, nutrition, and chronic diseases that may aggravate during the Services provision. If necessary, the Participant shall have the necessary individual medications.
3.3.5. Arrive at the designated meeting points in a timely manner before departure and return, having with them all the documents necessary for the trip, ensure their safety, as well as the necessary amounts of money and personal equipment in accordance with the nature of the trip.
3.3.6. Have a properly issued passport and other documents necessary for the use of the Services, including crossing the state border.
3.3.7. Upon conclusion of this Agreement, the CUSTOMER shall familiarize themselves with all the information provided by the ORGANIZER on the ORGANIZER's website www.dishitour.ru
3.3.8. The CUSTOMER shall comply with local customs and laws at the place of the Services provision (country/region of travel).
3.4 The CUSTOMER shall be entitled to:       
3.4.1. Require the ORGANIZER to provide the Services specified herein;
3.4.2. Demand compensation for losses and moral damage in the event of non-performance or improper performance hereof in accordance with the procedure established by applicable law.

4.THE AGREEMENT PRICE. PAYMENT AND SERVICE PROVISION

4.1. The total price of the Agreement consists of the ORGANIZER's services for:
4.1.1. Development of a travel itinerary (information services) specified in clause 2.1 hereof.
4.1.2. Booking services with direct contractors in accordance with the developed travel itinerary.
4.2. The ORGANIZER's information services will be considered rendered after the developed travel itinerary is sent to the CUSTOMER by email or messenger/approval on the website.
4.3. Booking services will be considered rendered after the booked services have been provided.
4.4. Information services shall be paid in full upon conclusion hereof, regardless of the amount of the advance payment for booking services, and will be determined as 50 (fifty)% of the cost of participation in the trip. Payment for information services is not an advance payment for service booking obligations.
In case of termination hereof by the CUSTOMER, the cost of services rendered for the development of the travel itinerary shall not be refunded.
4.5. Payment of the cost of the Services booked in accordance with the developed and agreed Program shall be made by the CUSTONER and shall be 50 (fifty)% of the cost of the trip.
Payment hereunder shall be made in Rubles or US Dollars. Payments shall be made by bank transfer to the ORGANIZER's account or to the ORGANIZER's bank card. When organizing a Program that involves travel outside the Russian Federation, the cost hereof shall be linked to the exchange rate specified by the ORGANIZER upon confirmation. When paying for such a Program, the CUSTOMER shall pay the price hereof on the terms of the ORGANIZER's counterparties at the time of the actual deposit of funds by the CUSTOMER.
4.6.         Payment (in full or in part) will confirm the CUSTOMER's agreement with the terms hereof and the agreement of all essential terms of the transaction.
4.7.         Additional services not specified herein and ordered by the PARTICIPANTS from third parties shall be paid for separately. In this case, the ORGANIZER shall not be liable for them.
4.8.         If the Russian or foreign government authorities decide to suspend transport services at least 30 days before the start of the Program, the ORGANIZER shall refund the full amount. If the Russian or foreign government decides to stop transportation less than 30 days before the Program starts, the ORGANIZER shall give the Participant a refund minus any costs the ORGANIZER actually had to pay.

5. LIABILITY OF THE PARTIES

5.1 The PARTIES shall be liable for failure to perform or improper performance of their obligations in accordance with the Russian legislation.
5.2 The ORGANIZER shall not be liable to the PARTICIPANTS:
5.2.1 For any damage caused to the PARTICIPANT as a result of their violation of their obligations hereunder, as well as for the PARTICIPANTS' violation of the Russian legislation, safety regulations, personal safety measures, and instructions of third parties involved in the event.
5.2.2 For the occurrence of force majeure events (extraordinary and unforeseen events, uncontrollable events, natural disasters, strikes, etc.).
5.2.3 For the non-compliance of the Services with the PARTICIPANTS’ subjective expectations based on their personal ideas and beliefs, psycho-emotional states, etc.
5.2.4 For the occurrence of a medical insurance event (illness, injury) – all insurance obligations should be fulfilled by insurance companies.

6. CONCLUSION, AMENDMENTS AND TERMINATION

6.1.         This Agreement may be concluded by exchanging agreements via email, social networks, messengers specified by the PARTIES herein. Confirmation of the reservation of the application in a reply letter, or payment for the Application/reservation by the CUSTOMER, or any correspondence between the PARTIES related to the selection/reservation of the Services (including related actions) by the above methods shall confirm the CUSTOMER's agreement with all the terms and conditions hereof. The PARTIES will correspond by e-mail, messengers, and social networks agreed upon by the PARTIES. For the ORGANIZER, the appropriate CUSTOMER’s email address, social network, or messenger will be the address from which the request to conclude the Agreement, document /book/select the Services, etc. was received.
The ORGANIZER will shall correspond and perform legal and other significant actions from the following addresses:
Telegram: @evgeny_titkov; @irina_klimova_art (Irina Klimova, representative on the messenger)
@MarinaKadadova (Marina Kadadova, representative on the messenger)
Phone numbers: +79273701360, +79500849459, +79254001266 and linked messengers
Representatives on the site (administrators):



Irina Klimova @irina_klimova_art on Telegram +79500849459,
Marina Kadadova @MarinaKadadova on Telegram +79254001266



And also from the ORGANIZER's website www.dishitour.ru.
The PARTIES have agreed to consider the login/password and email address, messenger, social network as equivalent to a handwritten signature.
6.2.         This Agreement shall come into force upon the transfer of funds (including partial funds) for payment of the Agreement price. Payment for the Agreement, including partial payment, will confirm that the CUSTOMER has read and understood the terms hereof.
6.3.         Each PARTY shall be entitled to demand changes or termination hereof in connection with significant changes in circumstances.
6.4.         Upon termination hereof at the CUSTOMER’s initiative, the CUSTOMER shall notify the other PARTY in writing and reimburse all actual expenses in accordance with the terms hereof.
6.5.         The PARTIES have agreed to take all measures within their power to resolve any disagreements and disputes that may arise in the course of the implementation hereof amicably. If it is impossible to settle the dispute amicably, it shall be considered in court in accordance with the current Russian legislation.

7. CLAIMS

7.1 The CUSTOMER shall notify the ORGANIZER of any deficiencies in the Services on the day they arise in order to ensure that the deficiencies are immediately remedied and any damage that may be caused to the PARTICIPANT is eliminated or reduced.
7.2 All disputes and disagreements that may arise between the PARTIES in connection with the performance of the obligations provided for herein shall be resolved through negotiations. The CUSTOMER shall submit claims regarding the quality of the SERVICES in writing within 10 calendar days from the date of termination hereof and they shall be considered within 10 days from the date of receipt thereof. If the disputed issues are not resolved through negotiations, the disputes shall be referred to a court for consideration in accordance with the law.

8. OTHER TERMS

8.1. Upon conclusion of the Agreement, the CUSTOMER shall be informed of the need to comply with personal safety rules and precautions, the need to deposit cash and other valuable property in places specially designated (including for the purpose of preventing theft) by the administration of the place of accommodation, and the procedure for using such storage facilities.
All terms and abbreviations, including those in Latin characters, mentioned herein or when the CUSTOMER orders the Services are clear to the CUSTOMER and do not require clarification.
8.2. The CUSTOMER has been informed that a minor Russian national, as a rule, leaves the Russian Federation together with at least one of his/her parents, adoptive parents, guardians, or custodians. If a minor Russian national leaves the Russian Federation with one of his/her parents, it is recommended that he/she carry a notarized consent of the other parent (death certificate of the other parent, decision on termination of parental rights, court decision allowing the child to be taken out of the country without such consent from the other parent, etc.) indicating the date of departure and the country(ies) he or she intends to visit. This condition applies to crossing the Russian border. The borders of foreign countries are crossed in accordance with the rules and procedures established by the foreign competent authorities.
8.3. In the Russian Federation, minors under the age of 14 may check into a hotel on the basis of documents proving the identity of their parents (adoptive parents, guardians), accompanying person(s), provided that such accompanying person(s) provide the consent of the legal representatives (one of them), as well as the birth certificates of these minors.
8.4. In the Russian Federation, minors who have reached the age of 14 may check into a hotel without their legal representatives being present on the basis of documents proving the identity of these minors, provided that the consent of their legal representatives (one of them) is provided.
8.5. After receiving information from the ORGANIZER's email/messenger, the CUSTOMER shall notify the ORGANIZER of the receipt of information or of their agreement/disagreement with the information, etc., using the "reply" function, in order to preserve the chronology of correspondence. In the absence of any response from the CUSTOMER, it is assumed that they agree with the information received. The exchange of information and messages shall be conducted in accordance with the procedure established hereby.

DETAILS

Appendix No. 2 to the Agreement

Personal liability statement and health certificate related to the Wim Hof method
During the workshop (held as part of a recreational activity), the trainer ensures that the Wim Hof method exercises are performed safely and correctly. The method is safe and scientifically proven, but it has a number of contraindications (see below).
However, we cannot assess the health risks specific to individual Participants. This is because we do not know the true state of health of the workshop guest.
The Participants are notified in advance of the health risks by means of a written statement. We point out their personal responsibility and advise them to consult their personal physician if the medical questionnaire (checkup) raises any potential problems. Ultimately, it is up to the Participant to determine whether they are fit to participate. Minors are not permitted to participate in the workshop.

PERSONAL LIABILITY STATEMENT
"I hereby declare that I am participating in the Wim Hof Method workshop voluntarily and am fully responsible for any damage and/or injury resulting from my participation in the workshop, at my own risk."

HEALTH DECLARATION
"I hereby declare that I have been properly informed about the details of Wim Hof's method in advance and that I am in good physical and mental health. I am responsible for any damage and/or injury resulting from my participation in the seminar."

RESTRICTIONS
We do not recommend practicing WHM (Wim Hof Method) if you have any of the following diseases or conditions:
⊗ Ischemic heart disease (e.g., angor pectoris; stable angina)
⊗ Cold urticaria
⊗ Epilepsy
⊗ Renal failure
⊗ Raynaud's syndrome (type II)
⊗ High blood pressure (in the case of prescription drugs)
⊗ History of serious health problems such as heart failure or stroke
⊗ Shortly after surgery
⊗ In case of any acute inflammatory processes in the body
⊗ If you suffer from migraines, we strongly recommend that you take ice baths with caution.