Public offer rules
1. Terms and general provisions
1.1. Services – a set of services that are provided by the Contractor in the manner and under the conditions specified in this Agreement and the terms of services on the Contractor’s website.
1.2. Public offer – the Contractor’s proposal (posted on the Contractor’s website), addressed to an unlimited number of individuals in accordance with the legislation of the Republic of Moldova, to conclude this agreement on the conditions specified below.
1.3. The Contractor's website is a web page on the Internet at https://adventuretime.md, which is the official source of informing users about the Contractor and the services provided to them.
1.4. Acceptance – full and unconditional acceptance by the User of the terms of the Public Offer of the Agreement and the terms of service on the contractor’s website.
1.5. User is an individual who has reached the age of 18 and has accepted the Contractor’s Public Offer set out in this Agreement and paid the cost of services.
1.6. Parties – Contractor and User.
1.7. Prepayment – the cost of the contractor’s services in the interpretation of this Agreement; on the contractor’s website the term “Advance payment” is used.
1.8. Agreement is a public offer accepted by the User.
1.9. Application – a user’s request for the availability of a hike along the route.
1.10. Questionnaire – a document that the User fills out to transfer his data necessary for the Contractor to provide him with services.
1.11. The group leader is an experienced traveler who has been on independent and group trips many times. He has practical experience in safe hiking and knowledge of the area.
2. Subject of the agreement
2.1. The Contractor undertakes to provide the User with the opportunity to select the route and dates of the program on the Contractor’s website, provide equipment for rent, and also provide advice on preparing for a hike or ascent.
2.2. The User undertakes to pay the Contractor the cost of services.
2.3. No claims regarding the effectiveness of the user’s application of the knowledge and skills obtained as a result of the consultation can be presented to the Contractor. Responsibility for the use of this knowledge and skills, as well as for any results, direct or side effects obtained as a result of the use of this knowledge and skills, lies entirely with the User.
2.4. The purpose of the Contractor’s activities is to help Users select the optimal route, provide advice on preparing for the hike and provide the opportunity to establish contact with the group leader. The Contractor is not a party to the relationship that may arise between the User and the group leader.
3. Terms of service
3.1. Services for choosing a route and dates for a hike or ascent are provided to the User on the Contractor’s website or by calling the phone number listed on the Contractor’s website. Consultation services on preparation for a hike or ascent are provided by the Contractor remotely in a convenient way by agreement between the Contractor and the User.
3.2. The term for the provision of services is determined individually according to the agreement between the Contractor and the User, as well as the start dates of hikes or ascents.
3.3. Acceptance of this Agreement determines the user's payment, full or partial, for the cost of services and means the User's full and unconditional acceptance of the terms of this Agreement and is equivalent to the user's handwritten signature under the Agreement.
3.4. From the moment funds are credited to the Contractor's account, the Offer is considered accepted and the contract is considered concluded.
3.5. Acceptance procedure:
3.5.1. The user selects a route on the Contractor’s website and reads the payment terms.
3.5.2. After selecting the required route, the User fills out an application for a hike along the route or contacts the contractor in a convenient way.
3.5.3. From the moment of acceptance of this Offer, the user’s unilateral refusal of the Agreement is unacceptable.
3.5.4. The service is considered provided at the time of sending an application for a hike or filling out a complete participant form.
3.6. If there are costs associated with the route chosen by the User, the User pays them independently. And if the User, for personal reasons, cannot or does not want to make payments on his own, the group leader can do this on behalf of the user and at the user’s expense. In any case, it is considered that the purchase of goods or payment for services provided for in this paragraph is carried out directly by the user. Funds paid by the user in favor of third parties are not included in the cost of the Contractor's services.
4. Rights and obligations of the Contractor
4.1. The performer has the right:
4.1.1. Receive from the user information necessary to provide services under this Agreement.
4.1.2. Receive payment for services provided in the amounts and within the time limits provided for in this Agreement.
4.1.3. Publish any materials and reviews created by the user while using the service, without any restrictions or compensation from the Contractor.
4.2. The Contractor undertakes:
4.2.1. Provide the User with services in accordance with this Agreement.
4.2.2. Inform the user about the rules and requirements for organizing the provision of information and consulting services, their quality and content, the rights and responsibilities of the user when receiving services.
4.2.3. Provide the user with the opportunity to independently choose the route of the hike and its date.
4.2.4. Advise the user on selection and preparation for the trip.
4.2.5. Carry out quality control of the provision of your own services.
4.2.6. If the user wishes, receive a detailed review from the user and post it on the site.
4.2.7. Keep hiking conditions on the website up to date.
5. Rights and obligations of the User
5.1. The user has the right:
5.1.1. Receive Services of appropriate quality in accordance with the terms of the contract.
5.2. The user undertakes:
5.2.1. Promptly pay fees for services in the amounts and within the time limits established by this Agreement.
5.2.2. Comply with the requirements of the legislation of the Republic of Moldova and the requirements of the Agreement on the organization of the provision of services.
5.2.3. After submitting the Application, but before payment, inform the Contractor if the User is not a resident of the Republic of Moldova.
5.2.4. Compare the complexity of the program with your level of preparation. If your level of preparation is not sufficient to successfully complete the route, then abandon the trip or increase your level of training (running, training...).
5.2.5. Carry your passport, medical insurance and other documents necessary for the hike.
5.2.6. Do not drink alcohol, drugs, etc. one day before the start date of the hike and during the entire hike.
5.2.7. Follow the safety rules posted on the Contractor's website. Listen carefully to the group leader’s instructions and adhere to them.
5.2.8. It is in the personal interests and interests of the group to carry out bivouac work and use the tool carefully and safely during it. If you do not have the skills to use the tool, refuse the relevant work. Follow the requirements, instructions and recommendations of the group leader.
5.2.9. It is in the personal and group interests to promptly inform the group leader of any deterioration in health or injury.
5.2.10. Treat equipment with care - your own, received from the Contractor or from third parties.
5.2.11. After completing the trip, return the equipment to the Contractor or third parties from whom it was taken, in the same condition as upon receipt. Compensate the Contractor or third parties for losses associated with damage to equipment, if any.
5.2.12. The user guarantees the proper state of his own health, which should allow him to hike or climb along the chosen route, as well as the absence of contraindications to the hike or climb. In case of poor health, the presence of diseases, including infectious diseases, the Contractor or the group leader has the right to refuse the User a hike or ascent.
5.2.13. If it is necessary to use specific medications, the User must independently ensure that they are available in their personal first aid kit.
5.3. If a minor receives services when filling out the form, the User is obliged to draw the attention of the Contractor to this. The provision of services to a minor is negotiated separately and is possible only if this is provided for in the itinerary. Providing services to a minor is possible only in the presence of his legal representatives or another accompanying person who has instructions from the legal representatives of the minor.
5.2.14. Treats nature with care. Leave the parking lot in the same or better condition than when you were there. Do not litter along the route.
6. Cost of services and payment procedure
6.1. The total cost of services provided to the User under this Agreement is the total amount of funds paid by the User.
6.2. The cost of each specific service is determined by the Contractor in the route description, as an Advance Payment, which is posted on the Contractor’s Website, or is communicated by the Contractor personally to the User.
6.3. The cost of the services provided for in this Agreement is paid by the user in non-cash form by transfer to the Contractor's current account or through payment on the website.
6.4. The Contractor has the right not to return the funds paid by the User for services if the User used the services of program selection and consultation, but did not take part in the program.
6.5. In the event of early termination of the Agreement at the initiative of the Contractor, the Contractor returns funds only for those services that were not provided by the Contractor. In this case, services provided will not be compensated.
6.6. If the User refuses to provide services in advance, the Contractor returns the advance payment under the following conditions:
6.6.1. More than 5 days before the start: the advance payment in full is retained by the User on the balance sheet or returned, minus the transfer system commission.
6.6.2. Less than 5 days before the start: the advance payment is retained by the Contractor in full and is non-refundable.
7. Responsibility of the Parties
7.1. For non-fulfillment or improper fulfillment of obligations under this agreement, the parties are liable in accordance with the current legislation of the Republic of Moldova.
7.2. The artist's services and all related materials are provided “As is”, without express warranties. The Contractor does not provide any guarantees, including regarding the use of the received information by the User.
7.3. The Contractor is not responsible for actual, incidental, indirect or direct damages, directly or indirectly lost profits or loss of income, loss of data, performance, and other intangible assets associated with a) the user’s access to the services and their use or the inability of such access or use; b) with materials or conduct, including disgraceful, offensive or illegal, of any third party; or c) with unauthorized access, use or modification of user materials or information.
7.4. The User agrees that the disclaimer of warranties and limitation of liability set forth in these terms and conditions reflect a reasonable and fair allocation of risks, and are also a necessary condition for the provision of services by the Contractor for an affordable fee.
7.5. The User agrees that any claim related to the Services must be brought in court within the statute of limitations of one (1) year after the cause of action accrues, otherwise such cause of action shall be null and void.
7.6. The User agrees that if the User fails to comply with clause 5.2 of this Agreement, regarding the obligation to make payment on time, the Contractor has the right not only to stop providing services until payment is made, but also to terminate this Agreement on the basis of clause 9.1.3 of this Agreement.
7.7. The User understands and is aware that the route he has chosen under this Agreement may be extreme and may be associated with risks to life or health. The User undertakes not to make claims or lawsuits against the Contractor in the event of unfavorable events. The User is obliged to independently insure his life and health and independently bear responsibility for them in case of violation of safety precautions posted on the Contractor’s website and explained to him by the Contractor before the trip.
7.8. In programs conducted outside the territory of the Republic of Moldova, the group leader is not a party to this Agreement. The group leader does not use joint trips to make a profit. They limit the amount of User contributions to expenses corresponding to the actually necessary expenses for the implementation of a joint trip.
7.9. When hiking on routes outside the territory of the Republic of Moldova, the Contractor’s services under this Agreement and the fact of hiking along the route together with the group leader are not one whole and constitute different subjects of law.
7.10. The performer and the group leader are not responsible for the actions of third parties, including illegal ones, and the consequences of such actions.
7.11. The Contractor and the group leader are not responsible and do not provide compensation for negative consequences that occurred due to: unreliability of the information provided by the User, cancellation or change of flight times, changes by the User to the terms of service (staying in hotels, delays...), loss of luggage, documents and others user values, decisions, actions or inactions of third parties, including the authorities of the country in whose territory the hiking or climbing route passes.
7.12. The user is obliged to compensate for losses and damage caused by him and his actions. Including compensating the Contractor or group leader for fines paid for the client.
7.13. In case of problems and complaints, the User is obliged to contact the Contractor with them. If during the provision of services the User did not contact the Contractor, it is considered that the services were provided with high quality and without complaints and were accepted by the user.
7.14. Costs associated with early termination of movement along the route with a group, including the cost of evacuation of the user, regardless of the reason, are borne by the user.
8. Force majeure
8.1. The parties are released from liability for failure to fulfill obligations if this failure is caused by circumstances beyond the control of the parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of authorities or management, etc., which makes it impossible to fulfill the terms of this Agreement (hereinafter referred to as Force Majeure).
8.2. Force majeure applies, and the Party for which it occurred is released from liability for violation of the terms of this Agreement if there is written confirmation (conclusion, certificate) of the Chamber of Commerce and Industry of the Republic of Moldova about the occurrence of force majeure.
8.3. The Party for which Force Majeure occurs undertakes to immediately notify the other Party and provide documents confirming Force Majeure.
8.4. From the moment such notification is received by the other party, fulfillment of the terms of this Agreement is terminated for the entire period of force majeure.
8.5. In the event of force majeure circumstances lasting more than 1 month, each party has the right to initiate termination of the contract.
9. Termination of the contract
9.1. This Agreement is terminated:
9.1.1. By agreement of the parties;
9.1.2. If the Party to the Agreement cannot fulfill its obligations due to the adoption of regulations that have changed the conditions established by this Agreement, and any of the Parties does not agree with the amendments to the Agreement.
9.1.3. In cases of violation by the User of the conditions provided for in clauses. 5.2, 12.1 of this Agreement.
9.1.4. In other cases provided for by this Agreement and the current legislation of the Republic of Moldova.
10. Processing of personal data
10.1. The user confirms that he voluntarily and free of charge consents to the processing of his personal data (including last name, first name and patronymic, place of registration and/or actual place of residence, identification number, state registration data; bank details, telephone numbers and email addresses, etc. .d.) in the Contractor’s personal data database “Users”, including collection, registration, inclusion in the database, accumulation, storage, adaptation, change, update, use, distribution (distribution, transfer), depersonalization, destruction of personal data in a database on the territory of the Republic of Moldova in order to fulfill obligations under this agreement and in order to ensure the implementation of tax relations, economic relations, civil relations and relations in the field of accounting. The User agrees to the transfer of his personal data to third parties in the minimum required volumes and only for the purpose of fulfilling obligations under this Agreement that correspond to the objective reasons for collecting the relevant data.
10.2. The user confirms that he was informed of his rights defined by the Law of the Republic of Moldova “On the Protection of Personal Data” LAW No. 133 of 07/08/2011, as amended and supplemented, the purpose of processing and collection of personal data.
11. Validity period of the offer
11.1. This Public Offer comes into force from the moment it is posted on the Contractor’s Website and is valid until it is withdrawn by the Contractor.
11.2. The Contractor has the right at any time to make changes to the terms of the Offer and/or withdraw the Offer at any time at its discretion. If the Contractor makes changes to the Offer, such changes come into force from the moment the amended text of the Offer is posted on the Contractor's Website, unless a different period for the changes to enter into force is specified directly in the text of the amended offer.
12. Intellectual property
12.1. The Contractor grants the User a limited, personal, non-exclusive and revocable license for any materials or information obtained in the process of providing services or on the Site. The User may use the materials and any information provided as part of the services or on the Site only for personal, non-commercial use, unless the User has received written permission from the Contractor to use them for other purposes.
12.2. The User agrees to create and use only one account and not to transfer access or credentials to access it to third parties.
12.3. The use of the services does not give the User any material or intellectual property rights to the Services or materials used.
12.4. The User grants the Contractor the rights to use the information created as a result of the provision of services. Including photos, audio and video recordings that contain the user’s image or voice, user feedback, information that the User is a User of the Contractor.
13. Final provisions
13.1. The parties agreed that any disputes and claims will be resolved by the parties through negotiations.
13.2. The Parties understand that the Services are provided by the Contractor, who is registered and operates under the laws of the Republic of Moldova, whose place of residence is also registered in the Republic of Moldova.
13.3. By accepting this Offer, the User agrees that all disputes related to this Agreement will be considered in accordance with the legislation of the Republic of Moldova without taking into account conflict of law rules. The user also agrees that all such disputes are within the exclusive competence of the courts of the Republic of Moldova.
13.4. The headings used in the articles and paragraphs of this Offer are used only for references and ease of use of the text. These headings cannot be construed as defining, limiting, changing or affecting the meaning and content of the terms of this Offer or any part thereof.
13.5. If any of the provisions of this Offer is declared invalid, then the validity of its other provisions is not lost.
13.6. In all cases not provided for by this offer, the Parties are guided by the current legislation of the Republic of Moldova.
13.7. Place of conclusion of the agreement: Chisinau, Republic of Moldova.
14. Details of the Contractor
Benificiar: ADVENTURETIME SRL
Code fiscal: 1022600010884
Contul beneficiarului/IBAN: MD95AG000000022514723192
Banca beneficiarului: BC "MAIB" SA Sucursala Stefan cel Mare
Codul Băncii: AGRNMD2X885