Terms of offer

Public Offer

1. GENERAL PROVISIONS

1.1. This document is an official public offer of Sole Proprietor Pavel Sergeevich Barinov (hereinafter referred to as the "Organizer") and contains all essential terms and conditions for organizing and conducting sailing regattas and other sporting events, as well as providing related services to the Participant.

1.2. In accordance with Clause 2 of Article 437 of the Civil Code of the Russian Federation, upon acceptance of the conditions set forth below and payment for the Services, the legal entity or individual making the acceptance of this offer becomes a Participant (in accordance with Clause 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of an offer is equivalent to concluding a contract on the terms set forth in the offer), and the Organizer and the Participant shall collectively be referred to as the Parties to the Offer Agreement.

1.3. In connection with the above, please read the text of this offer carefully, and if you do not agree with its terms and rules, or with any other provision of its terms, the Organizer suggests that you decline to enter into the offer agreement.

2. TERMS

2.1. For the purposes of this Offer, the following terms are used with the following meanings:

"Offer" — this document, the Public Offer, for entering into a transaction for organizing participation in a regatta, under which one party (the Organizer) undertakes to provide Services for organizing and conducting the event, and the Participant undertakes to accept these Services and pay for them the monetary sum established by the Organizer.

"Acceptance of the Offer" — full and irrevocable acceptance of the Offer by performing the actions specified in Section 4 of this Offer. Acceptance of the Offer constitutes the conclusion of the Offer Agreement.

"Offer Agreement" — a contract for the provision of services for consideration, concluded by the Participant and the Organizer by accepting this agreement.

"Participant" — a person who has executed Acceptance of the Offer and submits an application for participation in a regatta via the web page at https://gutsglory.ru/ or by telephone at [specify phone number].

"Organizer" — the person carrying out the organization and holding of sailing regattas and other sporting events, as well as the provision of related services to the Participant.

"Event" — a sailing regatta, competition, or other sporting event organized by the Organizer, information about which is published on the Website https://gutsglory.ru/.

"Services" — a set of services for organizing and conducting the Event, including, but not limited to: preparation and ensuring the conduct of the regatta, provision of yachts (if necessary), services of the panel of judges, provision of safety, informational support, as well as other services specified in the description of a specific Event on the Website.

2.2. Terms not defined in Clause 2.1 may be used in this Offer. In such case, the interpretation of such a term shall be made in accordance with the text of this Offer. In the absence of an unambiguous interpretation of a term in the text of the Offer, one should be guided by the interpretation of the term: primarily on the Organizer’s Website, and secondarily, as established in the practice of conducting sporting events.

3. SUBJECT MATTER OF THE AGREEMENT

3.1. The subject matter of this offer is the provision by the Organizer to the Participant of Services for organizing and conducting the Event, in accordance with the terms of the offer and the prices indicated on the Website https://gutsglory.ru/, as well as payment and acceptance of the Services by the Participant, in accordance with the terms of this agreement.

3.2. The Public Offer is an official document and is published on the Organizer's Website.

3.3. The Organizer has the right to change the cost of the Services, the terms of this Public Offer, and addenda to the public offer without prior approval from the Participant, while ensuring the publication of the revised terms on the Organizer's Website, as well as in a publicly accessible place for reviewing these documents, at least one day before their effective date.

4. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE OFFER AGREEMENT

4.1. The Participant makes an Acceptance of the Offer by paying for the Services, which signifies the conclusion of a contract for the provision of services for consideration on the terms set forth in this Offer. The contract is considered concluded from the moment a cash receipt or sales slip, or other document confirming payment for the Services (including, but not limited to, confirmation from a bank of payment made by the Participant via a bank card), is issued to the Participant, or from the moment the Organizer receives a message regarding the Participant's intention to purchase the Services.

5. DESCRIPTION OF SERVICES

5.1. The Organizer provides the Participant with the opportunity to participate in sailing regattas and other sporting events, information about which is published on the Website https://gutsglory.ru/.

5.2. In the event that it is not possible to hold the Event within the announced timeframes (including due to weather conditions, force majeure circumstances), the Organizer shall have the right to reschedule the Event to other agreed dates or to offer the Participant participation in an equivalent Event.

5.3. Upon receipt by the Organizer of an application for participation in the Event, an employee of the Organizer shall contact the Participant using the contact method specified by the Participant when submitting the application.

5.4. The Organizer has the right to engage third parties (subcontractors) to provide the Services, remaining responsible to the Participant for the quality of the Services provided.

5.5. The Participant agrees to receive calls from the Organizer’s operators at the telephone numbers specified by the Participant upon registration and/or application submission, as well as SMS messages and emails regarding the execution of the application, and to receive messages via other specified means of communication.

5.6. At the time of submitting the application, the Participant is obligated to provide the Organizer with the most accurate information about himself/herself (including information regarding sports qualifications and health condition necessary to ensure safety at the Event), as well as to promptly inform of any changes in such data.

5.7. All materials presented on the Organizer's Website are for informational reference only. Information concerning the conditions of the Event is indicated on the basis of data provided by the Organizer. The Organizer is not liable for any failure of the Participant's expectations to correspond to the actual conditions of the Event, if such expectations are not based on official information published on the Website.

6. TERMS AND PROCEDURE FOR THE PROVISION OF SERVICES

6.1. To submit an application for participation in the Event, the Participant fills in their contact information, thereby confirming their review of this offer and expressing their consent to provide accurate and complete information about themselves regarding the questions proposed in the form.

6.2. If the Participant provides incorrect information or if the Organizer has serious grounds to believe that the information provided is incorrect, incomplete, or inaccurate, the Organizer has the right to suspend the Participant’s right to participate in the Event or to deny participation without a refund of payment (in the event that inaccurate information could affect the safety of the Event).

6.3. The Participant hereby agrees that the specified information, which may contain personal data of the Participant, is used for the purposes of further processing and ensuring participation in the Event. When an application is submitted, the Organizer processes personal data in accordance with Article 6 of Federal Law No. 152-FZ "On Personal Data" and the Privacy Policy published on the Website https://gutsglory.ru/. The Organizer undertakes to take all measures stipulated by current legislation to properly protect the personal data received and not to transfer it to third parties, except in cases where data transfer is necessary for the Organizer to fulfill its obligations to the Participant for the purposes of this Agreement (including to insurance companies, rescue services).

6.4. By specifying their telephone number and email address, the Participant agrees to receive informational SMS and email messages from the Organizer regarding participation in the Event, as well as newsletters about upcoming regattas and special offers (with the right to opt out of such mailings at any time).

6.5. Having reviewed the description of the Event posted on the Website https://gutsglory.ru/ and having selected a category of participation, the Participant submits an application.

6.6. The Services are deemed to have been provided properly and in full if, within three days from the end of the Event, the Participant has not filed a written claim regarding the quality of the Services provided. In the absence of a written claim, the acceptance certificate for services rendered shall be deemed signed, and the Services rendered properly.

6.7. Following the provision of Services under this agreement, the Parties have no claims against each other, except in cases expressly provided for by legislation.

7. COST OF SERVICES AND PAYMENT PROCEDURE UNDER THE AGREEMENT

7.1. The cost of the Services and payment methods are indicated in the relevant sections of the Website https://gutsglory.ru/. By placing an application, the Participant agrees that they have been notified of and agree to pay the cost of the Services in the amount indicated at the time of application submission.

7.2. Payment is made by the Participant via online payment on the Website https://gutsglory.ru/ using a bank card, the Faster Payments System, or another method indicated on the Website.

7.3. The Participant is obligated to pay the cost of the Services in full within the timeframes specified in the description of the Event or in the invoice issued.

8. CANCELLATION AND REFUND PROCEDURE

8.1. The Participant has the right to withdraw from participation in the Event by sending a written notice to the Organizer.

8.2. Refunds are made in the following order:

• 8.2.1. In case of withdrawal from participation more than 30 days prior to the start date of the Event — refund of the full cost of the Services less actual expenses incurred by the Organizer (but not more than 10% of the cost).

• 8.2.2. In case of withdrawal from participation between 15 and 30 days prior to the start date of the Event — refund of 50% of the cost of the Services.

• 8.2.3. In case of withdrawal from participation less than 15 days prior to the start date of the Event — no refund shall be made, except in cases provided for in Clause 8.3 of this Offer.

8.3. In the event of cancellation of the Event at the initiative of the Organizer (including due to weather conditions, force majeure circumstances), the Participant shall be refunded the full cost of the paid Services, or, upon agreement with the Participant, participation in another Event of the Organizer shall be provided.

8.4. Refunds shall be made to the card or bank account from which the payment was made within 10 (ten) business days from the date the decision on the refund is made.

9. RIGHTS AND OBLIGATIONS OF THE PARTIES

9.1. The Organizer undertakes to:

• 9.1.1. Ensure the organization and holding of the Event in accordance with the declared conditions and regulations;

• 9.1.2. Ensure the safety of the Event in accordance with current norms and rules;

• 9.1.3. Provide the Participant with the necessary information regarding the procedure for holding the Event, participation rules, and safety measures;

• 9.1.4. Maintain the confidentiality of the Participant's information, except in cases provided for by the current legislation of the Russian Federation.

9.2. The Organizer has the right to:

• 9.2.1. Make changes to the Event program, provided that its main purpose and quality are maintained, with notification to the Participants;

• 9.2.2. Deny the Participant admission to participate in the Event in the event of violation by the Participant of safety rules, regulations, or the provision of inaccurate information (without a refund of payment, if the refusal is related to the culpable actions of the Participant);

• 9.2.3. Engage third parties (subcontractors) to provide the Services, remaining responsible to the Participant for the quality of the Services provided;

• 9.2.4. Use photo and video materials obtained during the Event for informational and promotional purposes (without using the Participant's personal data without their separate consent).

9.3. The Participant undertakes to:

• 9.3.1. Timely, in accordance with the terms of this Offer, pay for the Services of the Organizer;

• 9.3.2. Comply with safety rules, the regulations of the Event, and the lawful requirements of the Organizer;

• 9.3.3. Provide reliable information regarding their state of health, sports qualifications, and other information necessary to ensure the safety of participation;

• 9.3.4. Bear responsibility for their own safety and the safety of their belongings while participating in the Event.

9.4. The Participant has the right to:

• 9.4.1. Receive Services in accordance with the terms of this offer;

• 9.4.2. Receive necessary and reliable information about the Event and the conditions of participation;

• 9.4.3. Send their opinions, proposals, and recommendations to the Organizer.

10. LIABILITY OF THE PARTIES

10.1. The Organizer shall not be liable for damage caused to the life, health, or property of the Participant if such damage arose as a result of the Participant's violation of safety rules, Event regulations, or lawful requirements of the Organizer, as well as if the damage arose due to force majeure circumstances.

10.2. By paying for the Organizer's Services under the Offer agreement, the Participant confirms that they are aware of the risks associated with participating in sporting events and assumes them.

10.3. Under no circumstances shall the Organizer be liable under the Offer Agreement for:

• a) any actions and/or omissions that are the direct or indirect result of actions/omissions of any third parties not engaged by the Organizer;

• b) any indirect losses and/or lost profits of the Participant and/or third parties.

10.4. The Offer Agreement, its conclusion, and performance are governed in accordance with the current legislation of the Russian Federation.

10.5. In the event of improper performance of the Agreement by one of the parties resulting in adverse consequences for the other party, liability shall arise pursuant to the current legislation of the Russian Federation.

11. CONFIDENTIALITY

11.1. The Parties undertake not to transfer to third parties or otherwise use, in a manner not provided for by the terms of the agreement, organizational, technological, commercial, financial, and other information constituting confidential information for either of the Parties without mutual consent, provided that such information has actual or potential commercial value by virtue of its being unknown to third parties.

11.2. The term of protection of confidential information is established by the Parties as not less than one year from the date of termination of the Offer agreement.

12. FORCE MAJEURE CIRCUMSTANCES

12.1. The Parties are released from liability for partial or full non-performance of obligations under the Agreement if the non-performance was a consequence of force majeure circumstances arising after the conclusion of the Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent (including: natural disasters, military actions, terrorist acts, decisions of state authorities prohibiting or restricting the holding of the Event, epidemics, quarantine).

12.2. A Party for which it has become impossible to perform obligations under the Agreement must immediately notify the other Party of the occurrence and cessation of force majeure circumstances.

13. MISCELLANEOUS PROVISIONS

13.1. Any notices under the Offer agreement may be sent by one Party to the other Party: by email to the Participant's email address specified by them when submitting an application, or to the Organizer's email address specified on the Website https://gutsglory.ru/.

13.2. The Offer Agreement constitutes the entire agreement between the Organizer and the Participant. The Organizer assumes no terms or obligations with respect to the subject matter of the Offer other than those specified in the Offer, which govern the performance of the Offer agreement, except where such terms or obligations are recorded in writing and signed by authorized representatives of the Organizer and the Participant.

ADDRESSES AND DETAILS OF THE ORGANIZER

Organizer:

Sole Proprietor Pavel Sergeevich Barinov

TIN: 504708342468

PSRNSP: [specify OGRNIP]

Legal address: [specify registration address]

Postal address: [specify address for correspondence]

Settlement account: [specify account number]

Correspondent account: [specify correspondent account number]

BIC: [specify bank BIC]

Bank name: [specify bank]

Telephone: [specify phone number]

Email: [specify e-mail]