Public Offer Agreement for Rendering the Enhanced Training Services on the Board of the Sailing Vessel
1.1. In accordance with article 437 of the Civil Code of the Russian Federation, this document is an official public offer (the OFFER) of MORSKAYA PRAKTIKA Limited Liability Company (Primary State Registration Number (OGRN): 1157746141057) (the CONTRACTOR) and contains all essential terms of rendering the services.
1.2. In accordance with clause 2 of article 437 of the Civil Code of the Russian Federation, in case of acceptance of the terms set forth below and the payment for services, a legal entity or an individual accepting this offer shall become the CUSTOMER.
In accordance with clause 3 of article 438 of the Civil Code of the Russian Federation, acceptance of an offer is equivalent to entering into the service agreement on the terms that are set forth in the OFFER (the AGREEMENT).
1.3. In view of the aforesaid, read the text of this public OFFER carefully; the CONTRACTOR invites you to refuse from using the services if you disagree with any clause of the OFFER.
1.2. In accordance with clause 2 of article 437 of the Civil Code of the Russian Federation, in case of acceptance of the terms set forth below and the payment for services, a legal entity or an individual accepting this offer shall become the CUSTOMER.
In accordance with clause 3 of article 438 of the Civil Code of the Russian Federation, acceptance of an offer is equivalent to entering into the service agreement on the terms that are set forth in the OFFER (the AGREEMENT).
1.3. In view of the aforesaid, read the text of this public OFFER carefully; the CONTRACTOR invites you to refuse from using the services if you disagree with any clause of the OFFER.
2.1. In this Agreement, the following terms and definitions shall mean the following:
· Website means an official website of the CONTRACTOR https://sea-practice.com/.
· Programme means a programme of enhanced training on the board of the Sailing Vessel drawn up and determined by the CONTRACTOR depending on the training level of the TRAINEE and containing a description of the Route. The Programme is posted on the CONTRACTOR's website.
· Route means the waterway and the time frames specified in the Programme on the website.
· Sailing Vessel means a vessel specified in the Programme on the website.
· SHIP OWNER means an owner of the Sailing Vessel specified in the Programme on the website.
· CUSTOMER means a party to this agreement who is making the payment.
· TRAINEE means a participant of the Program of enhanced training on the board of the Sailing Vessel.
· Rules mean a set of rules of behaviour, internal regulations and other internal documents and certificates that are issued by the CONTRACTOR/SHIP OWNER and are binding on the CUSTOMER and the TRAINEE.
The Rules are an Appendix to this AGREEMENT.
· Waiver of Claims and Acceptance of the Risk means a document that is an integral part of this OFFER and shall be accepted together with the OFFER (Appendix 2).
· Website means an official website of the CONTRACTOR https://sea-practice.com/.
· Programme means a programme of enhanced training on the board of the Sailing Vessel drawn up and determined by the CONTRACTOR depending on the training level of the TRAINEE and containing a description of the Route. The Programme is posted on the CONTRACTOR's website.
· Route means the waterway and the time frames specified in the Programme on the website.
· Sailing Vessel means a vessel specified in the Programme on the website.
· SHIP OWNER means an owner of the Sailing Vessel specified in the Programme on the website.
· CUSTOMER means a party to this agreement who is making the payment.
· TRAINEE means a participant of the Program of enhanced training on the board of the Sailing Vessel.
· Rules mean a set of rules of behaviour, internal regulations and other internal documents and certificates that are issued by the CONTRACTOR/SHIP OWNER and are binding on the CUSTOMER and the TRAINEE.
The Rules are an Appendix to this AGREEMENT.
· Waiver of Claims and Acceptance of the Risk means a document that is an integral part of this OFFER and shall be accepted together with the OFFER (Appendix 2).
3.1. The subject of this AGREEMENT is organising the services for the provision of information and enhanced training on the board of the Sailing Vessel in accordance with the selected Programme, pursuant to the procedure and on the terms as specified in this AGREEMENT.
3.2. This Agreement, the appendices hereto, which are its integral part, and their current versions are published by the CONTRACTOR on their website.
3.3. Hereby the CUSTOMER and the TRAINEE provide the CONTRACTOR with the consent for the processing and use of their personal data.
3.2. This Agreement, the appendices hereto, which are its integral part, and their current versions are published by the CONTRACTOR on their website.
3.3. Hereby the CUSTOMER and the TRAINEE provide the CONTRACTOR with the consent for the processing and use of their personal data.
In accordance with the subject of the AGREEMENT, the CONTRACTOR shall render to the CUSTOMER the services, the name and the scope of which are specified in the text of the AGREEMENT, and the CUSTOMER, in case of acceptance of the OFFER, shall pay for these services pursuant to the procedure and on the terms specified in the AGREEMENT.
4.1. The CONTRACTOR shall:
4.1.1. Upon the payment by the CUSTOMER of the total cost of the services in accordance with the terms of this AGREEMENT and the fulfilment of other terms of this AGREEMENT, render to the CUSTOMER the services provided for herein, to the full extent.
4.1.2. Organise on the board of the Sailing Vessel comprehensive training services for the TRAINEE within the framework of the Enhanced Training Programme.
4.1.3. Organise briefings on safety measures, fire safety and on the actions of the TRAINEE during ship alarms as well as on the use of individual and collective life preservers.
4.1.4. Ensure the availability of individual and collective life preservers, the ability to use communication equipment (communication costs shall be paid by the CUSTOMER separately).
4.1.5. Provide hygiene amenities to the TRAINEE in accordance with the same standards as for the crew members of the Sailing Vessel.
4.1.6. Inform the CUSTOMER about changes in the scheduled dates of the arrival of the Sailing Vessel at the port or the departure from the port along the Route if the SHIP OWNER changes the Route and travel time for reasonable and justified grounds, including the requirements of the captain of the Sailing Vessel, administrative authorities or port authorities and the requests of doctors, coaches, personnel of the Sailing Vessel.
4.1.7. Notify the CUSTOMER about the changes introduced by the CONTRACTOR in the Route where necessary as well as in order to ensure the general safety on the board of the Sailing Vessel and in the port along the Route.
4.1.8. Inform the CUSTOMER and the TRAINEE of the exact time of arrival of the Sailing Vessel at the port and the moorage of the Sailing Vessel in the port as well as the time of boarding the Sailing Vessel no later than twenty-four hours prior to the arrival at the port along the Route of the Sailing Vessel.
4.1.9. In sufficient time, prior to the commencement of the Route, bring information on the Sailing Vessel, living conditions, meal options, use of fresh water supplies, sailing features and weather conditions along the specified Route to the notice of the TRAINEE.
4.1.10. Inform the TRAINEE about the content of the Medical Form (Appendix 3). This document shall be signed by each TRAINEE directly on the board of the Sailing Vessel.
4.2. The CONTRACTOR shall have the right to:
4.2.1. If necessary, change the Route of the Sailing Vessel and amend the Programme for reasonable and justified grounds, including the requirements of the captain of the Sailing Vessel, administrative authorities or port authorities, the requests of doctors, coaches or personnel of the Sailing Vessel, the CUSTOMER's refusal to fulfil certain conditions of the Programme as well as to ensure the general safety on the board of the Sailing Vessel and in the port along the Route. A change or cancellations of certain terms of the Programme shall not serve as grounds for termination of this AGREEMENT, in whole or in part.
4.2.2. Debark the TRAINEE from the Sailing Vessel with the subsequent termination of the AGREEMENT, unilaterally without recourse to the court, in case of a violation of the Rules for Staying on the board of the Vessel, without reimbursement of the cost of the services and additional damages incurred by the CUSTOMER.
4.2.3. Not consider complaints against the quality of the services received five (5) days and later upon completion of the services.
4.2.4. Refuse to fulfil obligations under the AGREEMENT and terminate this AGREEMENT unilaterally:
· in case of a delay in the payment and non-receipt of the payment for the services in full within the agreed-upon time frames
· if the proper fulfilment of the obligation to render the services has become impossible due to the actions (omission) of the CUSTOMER or the TRAINEE.
In case of termination of the AGREEMENT on the initiative of the CONTRACTOR due to a violation by the CUSTOMER (TRAINEE) of the obligations provided for in the AGREEMENT, the funds paid by the CUSTOMER for services shall be non-refundable.
4.2.5. At its sole discretion, determine the composition of specialists that will render the services.
4.2.6. Accept the payment under the AGREEMENT from third parties who have expressed an intention to pay for the services for the CUSTOMER, which shall be expressly specified in the payment reference.
4.3. The CUSTOMER shall:
4.3.1. Within the agreed-upon time frame and in full, pay for the CONTRACTOR's services for conducting the Enhanced Training Programme on the board of the Sailing Vessel in accordance with the terms of this AGREEMENT.
4.3.2. Provide the CONTRACTOR with reliable personal data of the TRAINEE required to fill the crew list to be sent to the SHIP OWNER.
4.3.3. Ensure that the TRAINEE arrives on the board of the Sailing Vessel at the time and the place specified in the notice sent by the CONTRACTOR using WhatsApp instant messenger.
4.4. The TRAINEE shall:
4.4.1. Get to know and comply with the CONTRACTOR's requirements, ensure that all requirements of the CONTRACTOR related to the behaviour during the organisation of the Enhanced Training Programme on the board of the Sailing Vessel, internal regulations, safety rules, fulfilment of obligations stipulated by the rules, orders and other internal regulations issued by the CONTRACTOR are met.
4.4.2. During the conduct of the Programme on the board of the Sailing Vessel, observe the personal safety rules, adhere to generally accepted norms of onboard behaviour, not allow actions that may entail the emergence of a danger to life and health or threaten the safety of the property of third parties or ship property; not allow actions that interfere with the events conducted.
The TRAINEE who bothers other persons on board and/or violates the order may be deboarded from the vessel without compensation for costs of the services that have not been rendered and shall compensate the CONTRACTOR for costs related to an unscheduled entry of the vessel into the port for deboarding.
4.4.3. Ensure the respect for the property of the CONTRACTOR and the SHIP OWNER and be liable for damages caused to the CONTRACTOR, the SHIP OWNER and third parties.
Damages caused to the property of the CONTRACTOR or the SHIP OWNER shall be reimbursed in accordance with the laws of the Russian Federation.
4.4.4. Prior to the commencement of the Programme and the Route, enquire about the entry terms for a respective country, entry visas, current customs rules.
4.4.5. Make sure that their passport or ID is valid for the entire trip.
4.5. The CUSTOMER shall have the right to:
4.5.1. Refuse from the CONTRACTOR's services at any time without giving any reason.
The refund rules are determined by this AGREEMENT.
4.1. The CONTRACTOR shall:
4.1.1. Upon the payment by the CUSTOMER of the total cost of the services in accordance with the terms of this AGREEMENT and the fulfilment of other terms of this AGREEMENT, render to the CUSTOMER the services provided for herein, to the full extent.
4.1.2. Organise on the board of the Sailing Vessel comprehensive training services for the TRAINEE within the framework of the Enhanced Training Programme.
4.1.3. Organise briefings on safety measures, fire safety and on the actions of the TRAINEE during ship alarms as well as on the use of individual and collective life preservers.
4.1.4. Ensure the availability of individual and collective life preservers, the ability to use communication equipment (communication costs shall be paid by the CUSTOMER separately).
4.1.5. Provide hygiene amenities to the TRAINEE in accordance with the same standards as for the crew members of the Sailing Vessel.
4.1.6. Inform the CUSTOMER about changes in the scheduled dates of the arrival of the Sailing Vessel at the port or the departure from the port along the Route if the SHIP OWNER changes the Route and travel time for reasonable and justified grounds, including the requirements of the captain of the Sailing Vessel, administrative authorities or port authorities and the requests of doctors, coaches, personnel of the Sailing Vessel.
4.1.7. Notify the CUSTOMER about the changes introduced by the CONTRACTOR in the Route where necessary as well as in order to ensure the general safety on the board of the Sailing Vessel and in the port along the Route.
4.1.8. Inform the CUSTOMER and the TRAINEE of the exact time of arrival of the Sailing Vessel at the port and the moorage of the Sailing Vessel in the port as well as the time of boarding the Sailing Vessel no later than twenty-four hours prior to the arrival at the port along the Route of the Sailing Vessel.
4.1.9. In sufficient time, prior to the commencement of the Route, bring information on the Sailing Vessel, living conditions, meal options, use of fresh water supplies, sailing features and weather conditions along the specified Route to the notice of the TRAINEE.
4.1.10. Inform the TRAINEE about the content of the Medical Form (Appendix 3). This document shall be signed by each TRAINEE directly on the board of the Sailing Vessel.
4.2. The CONTRACTOR shall have the right to:
4.2.1. If necessary, change the Route of the Sailing Vessel and amend the Programme for reasonable and justified grounds, including the requirements of the captain of the Sailing Vessel, administrative authorities or port authorities, the requests of doctors, coaches or personnel of the Sailing Vessel, the CUSTOMER's refusal to fulfil certain conditions of the Programme as well as to ensure the general safety on the board of the Sailing Vessel and in the port along the Route. A change or cancellations of certain terms of the Programme shall not serve as grounds for termination of this AGREEMENT, in whole or in part.
4.2.2. Debark the TRAINEE from the Sailing Vessel with the subsequent termination of the AGREEMENT, unilaterally without recourse to the court, in case of a violation of the Rules for Staying on the board of the Vessel, without reimbursement of the cost of the services and additional damages incurred by the CUSTOMER.
4.2.3. Not consider complaints against the quality of the services received five (5) days and later upon completion of the services.
4.2.4. Refuse to fulfil obligations under the AGREEMENT and terminate this AGREEMENT unilaterally:
· in case of a delay in the payment and non-receipt of the payment for the services in full within the agreed-upon time frames
· if the proper fulfilment of the obligation to render the services has become impossible due to the actions (omission) of the CUSTOMER or the TRAINEE.
In case of termination of the AGREEMENT on the initiative of the CONTRACTOR due to a violation by the CUSTOMER (TRAINEE) of the obligations provided for in the AGREEMENT, the funds paid by the CUSTOMER for services shall be non-refundable.
4.2.5. At its sole discretion, determine the composition of specialists that will render the services.
4.2.6. Accept the payment under the AGREEMENT from third parties who have expressed an intention to pay for the services for the CUSTOMER, which shall be expressly specified in the payment reference.
4.3. The CUSTOMER shall:
4.3.1. Within the agreed-upon time frame and in full, pay for the CONTRACTOR's services for conducting the Enhanced Training Programme on the board of the Sailing Vessel in accordance with the terms of this AGREEMENT.
4.3.2. Provide the CONTRACTOR with reliable personal data of the TRAINEE required to fill the crew list to be sent to the SHIP OWNER.
4.3.3. Ensure that the TRAINEE arrives on the board of the Sailing Vessel at the time and the place specified in the notice sent by the CONTRACTOR using WhatsApp instant messenger.
4.4. The TRAINEE shall:
4.4.1. Get to know and comply with the CONTRACTOR's requirements, ensure that all requirements of the CONTRACTOR related to the behaviour during the organisation of the Enhanced Training Programme on the board of the Sailing Vessel, internal regulations, safety rules, fulfilment of obligations stipulated by the rules, orders and other internal regulations issued by the CONTRACTOR are met.
4.4.2. During the conduct of the Programme on the board of the Sailing Vessel, observe the personal safety rules, adhere to generally accepted norms of onboard behaviour, not allow actions that may entail the emergence of a danger to life and health or threaten the safety of the property of third parties or ship property; not allow actions that interfere with the events conducted.
The TRAINEE who bothers other persons on board and/or violates the order may be deboarded from the vessel without compensation for costs of the services that have not been rendered and shall compensate the CONTRACTOR for costs related to an unscheduled entry of the vessel into the port for deboarding.
4.4.3. Ensure the respect for the property of the CONTRACTOR and the SHIP OWNER and be liable for damages caused to the CONTRACTOR, the SHIP OWNER and third parties.
Damages caused to the property of the CONTRACTOR or the SHIP OWNER shall be reimbursed in accordance with the laws of the Russian Federation.
4.4.4. Prior to the commencement of the Programme and the Route, enquire about the entry terms for a respective country, entry visas, current customs rules.
4.4.5. Make sure that their passport or ID is valid for the entire trip.
4.5. The CUSTOMER shall have the right to:
4.5.1. Refuse from the CONTRACTOR's services at any time without giving any reason.
The refund rules are determined by this AGREEMENT.
5.1. General provisions:
5.1.1. After reading the AGREEMENT, the CUSTOMER will send to the CONTRACTOR an application for the services as per the selected Programme in accordance with the form posted on the website.
5.1.2. Based on the application received, the CONTRACTOR shall send to the CUSTOMER a booking confirmation, which shall include the vessel name, the Route, the reference to the Programme, the cost of the services, the currency for calculating the cost of the services, the currency for paying the cost of the services, the procedure for paying the cost of the services, the procedure for refunding in case of repudiation of the AGREEMENT, information on accommodation on the ship, time of arrival on the ship and time of departure from the ship, terms of insurance for the period of the Programme.
5.1.3. Making the advance payment by the CUSTOMER shall be the acceptance of the OFFER. After the CUSTOMER's funds (the first instalment) are credited to the CONTRACTOR's account, the AGREEMENT shall come into force.
5.1.4. The services shall be deemed rendered properly and in full if, within five days from the completion of the services, the CUSTOMER has not presented a reasoned claim. In the absence of a reasoned claim, the services shall be deemed properly rendered.
5.1.5. The services shall be deemed rendered by the CONTRACTOR from the departure of the TRAINEE from the Sailing Vessel (on the last day of the Programme) subject to clauses 4.2.2 and 4.2.4 of this Agreement.
5.2. Payment procedure and terms:
5.2.1. The total amount of this AGREEMENT shall be specified in the booking confirmation. The cost shall be calculated without VAT.
5.2.2. The payment under the AGREEMENT shall be made in accordance with the terms specified in the booking confirmation.
5.2.3. The payment for the services shall be made in a currency specified in the booking confirmation by transferring non-cash funds to the CONTRACTOR's account.
The payment for the services may be made through the CONTRACTOR's online store https://sea-practice.com/online_shop.
The commission of banks and payment systems to be paid by the CUSTOMER when transferring funds shall not be credited to the payment for the services and shall be paid in excess of the payment.
5.2.4. The date on which the funds are credited to the CONTRACTOR shall be the date of the fulfilment of the CUSTOMER's monetary obligation to pay for the services.
5.2.5. The CUSTOMER shall have the right to impose their obligation to pay the cost of the services under the AGREEMENT on a third party, whether an individual or a legal entity. In that case, the details of the CUSTOMER and the booking confirmation number shall be specified in the payment reference.
5.2.6. Visa expenses and/or other official expenses for the entry and the departure of the TRAINEE shall be paid by the TRAINEE/CUSTOMER and are not included in the price of the AGREEMENT.
5.3. Procedure for refunding in the case when the CUSTOMER repudiates the AGREEMENT:
5.3.1. If the CUSTOMER decides to repudiate the AGREEMENT, the paid funds shall be refunded in accordance with the terms specified in the booking confirmation.
5.3.2. The Parties may enter into a supplementary agreement, including, but not limited to, if the AGREEMENT is terminated for a good cause (long-term treatment of the CUSTOMER in an in-patient care facility and other reasons at the discretion of the CONTRACTOR); although, entering into such an agreement is the right but not the obligation of the CONTRACTOR.
5.3.3. Non-participation in the Programme shall not be deemed a cancellation and shall be paid at the agreed-upon price.
All costs and damages related to the cancellation of the participation in the Programme along the Route, including, but not limited to, costs for lost air tickets, expired visas and any other costs related to the cancellation of the participation in the Programme on the initiative of the TRAINEE/CUSTOMER, are beyond the responsibility of the CONTRACTOR.
5.3.4. In case of a complete cancellation of the Programme by the CONTRACTOR not due to the emergence of force majeure and other circumstances specified in clause 7 of this Agreement and the actions of the TRAINEE or the CUSTOMER, the CONTRACTOR shall reimburse the CUSTOMER for:
· 100% of the payment made by the CUSTOMER
· costs for the purchased air tickets, if they were purchased in accordance with the dates and points (Ports) of the start and the finish of the Route.
Costs that were not covered by airlines/agents when returning or exchanging the tickets shall be reimbursed, provided that the tickets were purchased with the exchange and/or refund option, and all measures required to return or exchange the tickets and receive a refund from an airline/agent were taken without a delay.
The refund period shall comprise thirty (30) business days.
5.3.5. In case of a complete cancellation of the Programme by the CONTRACTOR due to the emergence of force majeure, the CUSTOMER shall be refunded with the paid funds less the actual costs incurred by the CONTRACTOR for organising the Programme.
The refund period shall comprise thirty (30) business days from the date of termination of such force majeure.
5.1.1. After reading the AGREEMENT, the CUSTOMER will send to the CONTRACTOR an application for the services as per the selected Programme in accordance with the form posted on the website.
5.1.2. Based on the application received, the CONTRACTOR shall send to the CUSTOMER a booking confirmation, which shall include the vessel name, the Route, the reference to the Programme, the cost of the services, the currency for calculating the cost of the services, the currency for paying the cost of the services, the procedure for paying the cost of the services, the procedure for refunding in case of repudiation of the AGREEMENT, information on accommodation on the ship, time of arrival on the ship and time of departure from the ship, terms of insurance for the period of the Programme.
5.1.3. Making the advance payment by the CUSTOMER shall be the acceptance of the OFFER. After the CUSTOMER's funds (the first instalment) are credited to the CONTRACTOR's account, the AGREEMENT shall come into force.
5.1.4. The services shall be deemed rendered properly and in full if, within five days from the completion of the services, the CUSTOMER has not presented a reasoned claim. In the absence of a reasoned claim, the services shall be deemed properly rendered.
5.1.5. The services shall be deemed rendered by the CONTRACTOR from the departure of the TRAINEE from the Sailing Vessel (on the last day of the Programme) subject to clauses 4.2.2 and 4.2.4 of this Agreement.
5.2. Payment procedure and terms:
5.2.1. The total amount of this AGREEMENT shall be specified in the booking confirmation. The cost shall be calculated without VAT.
5.2.2. The payment under the AGREEMENT shall be made in accordance with the terms specified in the booking confirmation.
5.2.3. The payment for the services shall be made in a currency specified in the booking confirmation by transferring non-cash funds to the CONTRACTOR's account.
The payment for the services may be made through the CONTRACTOR's online store https://sea-practice.com/online_shop.
The commission of banks and payment systems to be paid by the CUSTOMER when transferring funds shall not be credited to the payment for the services and shall be paid in excess of the payment.
5.2.4. The date on which the funds are credited to the CONTRACTOR shall be the date of the fulfilment of the CUSTOMER's monetary obligation to pay for the services.
5.2.5. The CUSTOMER shall have the right to impose their obligation to pay the cost of the services under the AGREEMENT on a third party, whether an individual or a legal entity. In that case, the details of the CUSTOMER and the booking confirmation number shall be specified in the payment reference.
5.2.6. Visa expenses and/or other official expenses for the entry and the departure of the TRAINEE shall be paid by the TRAINEE/CUSTOMER and are not included in the price of the AGREEMENT.
5.3. Procedure for refunding in the case when the CUSTOMER repudiates the AGREEMENT:
5.3.1. If the CUSTOMER decides to repudiate the AGREEMENT, the paid funds shall be refunded in accordance with the terms specified in the booking confirmation.
5.3.2. The Parties may enter into a supplementary agreement, including, but not limited to, if the AGREEMENT is terminated for a good cause (long-term treatment of the CUSTOMER in an in-patient care facility and other reasons at the discretion of the CONTRACTOR); although, entering into such an agreement is the right but not the obligation of the CONTRACTOR.
5.3.3. Non-participation in the Programme shall not be deemed a cancellation and shall be paid at the agreed-upon price.
All costs and damages related to the cancellation of the participation in the Programme along the Route, including, but not limited to, costs for lost air tickets, expired visas and any other costs related to the cancellation of the participation in the Programme on the initiative of the TRAINEE/CUSTOMER, are beyond the responsibility of the CONTRACTOR.
5.3.4. In case of a complete cancellation of the Programme by the CONTRACTOR not due to the emergence of force majeure and other circumstances specified in clause 7 of this Agreement and the actions of the TRAINEE or the CUSTOMER, the CONTRACTOR shall reimburse the CUSTOMER for:
· 100% of the payment made by the CUSTOMER
· costs for the purchased air tickets, if they were purchased in accordance with the dates and points (Ports) of the start and the finish of the Route.
Costs that were not covered by airlines/agents when returning or exchanging the tickets shall be reimbursed, provided that the tickets were purchased with the exchange and/or refund option, and all measures required to return or exchange the tickets and receive a refund from an airline/agent were taken without a delay.
The refund period shall comprise thirty (30) business days.
5.3.5. In case of a complete cancellation of the Programme by the CONTRACTOR due to the emergence of force majeure, the CUSTOMER shall be refunded with the paid funds less the actual costs incurred by the CONTRACTOR for organising the Programme.
The refund period shall comprise thirty (30) business days from the date of termination of such force majeure.
6.1. General provisions:
6.1.1. The Parties who fail to fulfil obligations stipulated by this AGREEMENT or fulfil them improperly shall be held liable in accordance with the laws of the Russian Federation.
6.1.2. Should the Parties fail to reach an agreement on a dispute by negotiations, they shall submit that dispute for consideration to court at the location of the CONTRACTOR.
6.2. Liability of the CUSTOMER:
6.2.1. The CUSTOMER shall be liable for damages (direct and indirect damages) caused to the CONTRACTOR and the SHIP OWNER, including cases when damage is caused by the TRAINEE.
6.2.2. The CUSTOMER shall be liable for damages (direct and indirect) caused to third parties, including cases when TRAINEE caused the damage.
6.2.3. Any penalties imposed on the SHIP OWNER, the Sailing Vessel, the captain, or the crew due to the TRAINEE's actions during the period of the Programme on the board of the Sailing Vessel shall be reimbursed by the CUSTOMER.
6.3. Liability of the TRAINEE:
6.3.1. During the organisation of the arrival, the TRAINEE who is late at the port of embarkation may not delay the departure of the vessel.
6.3.2. The TRAINEE shall be solely liable for compliance with the immigration rules.
6.3.3. The TRAINEE shall be solely liable for non-compliance with internal regulations, safety rules.
6.4. Liability of the CONTRACTOR:
6.4.1. The CONTRACTOR shall not be liable for actions of official bodies of the Russian Federation and local government bodies, official bodies of the countries of the ports of departure and arrival, official bodies of the countries covered by the Route, which may prevent carrying out the entire Route or implementing the Programme along the Route and at the ports of the vessel call.
6.4.2. The CONTRACTOR shall not bear any liability to the CUSTOMER for its damages that arose as a result of a change in the Route of the Sailing Vessel if there was a justified production need for such a change as well as to ensure the overall onboard safety of the Sailing Vessel and safety in ports along the Route.
6.4.3. The CONTRACTOR shall not bear liability for the TRAINEE who left the vessel.
Shore leave and excursions shall be carried out at the own responsibility of each TRAINEE, even if the CONTRACTOR assists in arranging them.
6.4.4. The organisation of arrival and departure to the berth with the vessel is outside the scope of activities and the responsibility of the CONTRACTOR.
6.4.5. Transportation, such as bus tours, ferry and air transportation, as well as additional accommodation in hotels, excursions and special events are outside the responsibility area of the CONTRACTOR.
The liability for these services shall lie solely with respective hotel complexes and transportation companies. For flights, respective provisions of airlines' terms shall apply.
6.4.6. The CONTRACTOR shall not be liable for damages that arose due to the deterioration of the TRAINEE's health, including, but not limited to, accidents related to non-compliance by the TRAINEE with the rules of conduct and safety rules (except for an accident caused by actions of the captain and the crew or the technical condition of the Sailing Vessel).
Costs incurred due to health issues of the TRAINEE during the Route on the board of the Sailing Vessel or ashore, including, but not limited to, costs of calling and evacuating with the use of an aircraft/helicopter/rescue services, etc., shall be covered out of the TRAINEE's insurance.
A part not covered by insurance shall be paid by the CUSTOMER.
6.4.7. The CONTRACTOR shall not be liable and shall not reimburse the funds paid if the AGREEMENT is terminated ahead of schedule due to the fault of the TRAINEE and/or the CUSTOMER, for example, a violation by the TRAINEE of the rules of conduct, safety rules other rules for staying on the vessel. The TRAINEE and the CUSTOMER shall be fully liable for risks arising out of inappropriate onboard behaviour.
6.5. Responsibility of the SHIP OWNER
6.5. The SHIP OWNER shall be liable for the technical condition of the vessel, for obtaining all documents, certificates and permits required to carry out the Route, for equipping the vessel with crew members as well as for compliance with safety rules on the board of the Sailing Vessel.
6.1.1. The Parties who fail to fulfil obligations stipulated by this AGREEMENT or fulfil them improperly shall be held liable in accordance with the laws of the Russian Federation.
6.1.2. Should the Parties fail to reach an agreement on a dispute by negotiations, they shall submit that dispute for consideration to court at the location of the CONTRACTOR.
6.2. Liability of the CUSTOMER:
6.2.1. The CUSTOMER shall be liable for damages (direct and indirect damages) caused to the CONTRACTOR and the SHIP OWNER, including cases when damage is caused by the TRAINEE.
6.2.2. The CUSTOMER shall be liable for damages (direct and indirect) caused to third parties, including cases when TRAINEE caused the damage.
6.2.3. Any penalties imposed on the SHIP OWNER, the Sailing Vessel, the captain, or the crew due to the TRAINEE's actions during the period of the Programme on the board of the Sailing Vessel shall be reimbursed by the CUSTOMER.
6.3. Liability of the TRAINEE:
6.3.1. During the organisation of the arrival, the TRAINEE who is late at the port of embarkation may not delay the departure of the vessel.
6.3.2. The TRAINEE shall be solely liable for compliance with the immigration rules.
6.3.3. The TRAINEE shall be solely liable for non-compliance with internal regulations, safety rules.
6.4. Liability of the CONTRACTOR:
6.4.1. The CONTRACTOR shall not be liable for actions of official bodies of the Russian Federation and local government bodies, official bodies of the countries of the ports of departure and arrival, official bodies of the countries covered by the Route, which may prevent carrying out the entire Route or implementing the Programme along the Route and at the ports of the vessel call.
6.4.2. The CONTRACTOR shall not bear any liability to the CUSTOMER for its damages that arose as a result of a change in the Route of the Sailing Vessel if there was a justified production need for such a change as well as to ensure the overall onboard safety of the Sailing Vessel and safety in ports along the Route.
6.4.3. The CONTRACTOR shall not bear liability for the TRAINEE who left the vessel.
Shore leave and excursions shall be carried out at the own responsibility of each TRAINEE, even if the CONTRACTOR assists in arranging them.
6.4.4. The organisation of arrival and departure to the berth with the vessel is outside the scope of activities and the responsibility of the CONTRACTOR.
6.4.5. Transportation, such as bus tours, ferry and air transportation, as well as additional accommodation in hotels, excursions and special events are outside the responsibility area of the CONTRACTOR.
The liability for these services shall lie solely with respective hotel complexes and transportation companies. For flights, respective provisions of airlines' terms shall apply.
6.4.6. The CONTRACTOR shall not be liable for damages that arose due to the deterioration of the TRAINEE's health, including, but not limited to, accidents related to non-compliance by the TRAINEE with the rules of conduct and safety rules (except for an accident caused by actions of the captain and the crew or the technical condition of the Sailing Vessel).
Costs incurred due to health issues of the TRAINEE during the Route on the board of the Sailing Vessel or ashore, including, but not limited to, costs of calling and evacuating with the use of an aircraft/helicopter/rescue services, etc., shall be covered out of the TRAINEE's insurance.
A part not covered by insurance shall be paid by the CUSTOMER.
6.4.7. The CONTRACTOR shall not be liable and shall not reimburse the funds paid if the AGREEMENT is terminated ahead of schedule due to the fault of the TRAINEE and/or the CUSTOMER, for example, a violation by the TRAINEE of the rules of conduct, safety rules other rules for staying on the vessel. The TRAINEE and the CUSTOMER shall be fully liable for risks arising out of inappropriate onboard behaviour.
6.5. Responsibility of the SHIP OWNER
6.5. The SHIP OWNER shall be liable for the technical condition of the vessel, for obtaining all documents, certificates and permits required to carry out the Route, for equipping the vessel with crew members as well as for compliance with safety rules on the board of the Sailing Vessel.
7.1. The Party shall be released from the liability for partial or complete non-fulfilment of obligations under this AGREEMENT if this non-fulfilment resulted from force majeure events which arose after conclusion of the AGREEMENT and which the Party could not foresee or prevent by taking reasonable measures.
7.2. Force majeure events include, without limitations, events that are caused, directly or indirectly, by a flood, storm, fire, earthquake, other acts of God, military conflicts, military coups, acts of terrorism, civil unrest, strikes, instructions, orders or other administrative interventions of a government or any other regulations, administrative or governmental restrictions that affect the fulfilment of obligations by the Parties under this AGREEMENT, changes in the current laws or any other circumstances that the affected Party cannot influence and could not reasonably foresee, that prevent the fulfilment of obligations under this AGREEMENT and that did not result, directly or indirectly, from actions or omission of the Party, epidemic, pandemic, termination or restriction of movement across borders in the respective direction established by governmental authorities of a country of entry or transit.
7.3. If an obligation cannot be fulfilled due to a force majeure event, this obligation shall be postponed to a later date, when the circumstances that prevent its fulfilment disappear.
7.4. Both Parties shall immediately notify each other in writing about the commencement and the end of a force majeure event that prevents the fulfilment of obligations under this AGREEMENT. Such events shall be generally known or evidenced by respective documents.
7.2. Force majeure events include, without limitations, events that are caused, directly or indirectly, by a flood, storm, fire, earthquake, other acts of God, military conflicts, military coups, acts of terrorism, civil unrest, strikes, instructions, orders or other administrative interventions of a government or any other regulations, administrative or governmental restrictions that affect the fulfilment of obligations by the Parties under this AGREEMENT, changes in the current laws or any other circumstances that the affected Party cannot influence and could not reasonably foresee, that prevent the fulfilment of obligations under this AGREEMENT and that did not result, directly or indirectly, from actions or omission of the Party, epidemic, pandemic, termination or restriction of movement across borders in the respective direction established by governmental authorities of a country of entry or transit.
7.3. If an obligation cannot be fulfilled due to a force majeure event, this obligation shall be postponed to a later date, when the circumstances that prevent its fulfilment disappear.
7.4. Both Parties shall immediately notify each other in writing about the commencement and the end of a force majeure event that prevents the fulfilment of obligations under this AGREEMENT. Such events shall be generally known or evidenced by respective documents.
8.1. Use of video, photo and other materials:
8.1.1. As events in which the TRAINEE participates as part of rendering the services by the CONTRACTOR may be objects of filming, video and photo shooting, broadcast on TV, become elements of audiovisual works, the CUSTOMER and the TRAINEE have agreed to grant to the CONTRACTOR and third parties, free of charge, the right to use any images of the TRAINEE in video, photo and other materials related to respective events under this AGREEMENT.
8.1.2. By entering into this AGREEMENT, the CUSTOMER and the TRAINEE give the consent to the use by the CONTRACTOR (including the use for advertising purposes) of video, photo and other materials related to respective events under this AGREEMENT, performed by the TRAINEE and posted in the public domain, including social networks, WhatsApp group.
Such video, photo and other materials may be used by the CONTRACTOR (including the use for advertising purposes) free of charge.
8.2. Requirements to health:
8.2.1. Within the agreed-upon time frame, the TRAINEE shall make the required necessary vaccinations, take preventive measures and, if necessary, consult a specialist on thrombosis and other health risks.
If the TRAINEE takes any medicines, the TRAINEE shall familiarise themselves with the information about possible restrictions on their import into a country; even the prescription issued by a doctor does not guarantee the import permit in all countries.
8.2.2. When entering into the AGREEMENT, the CUSTOMER and the TRAINEE guarantee that the TRAINEE is physically and mentally healthy, has no dependence on drugs or medicines, does not suffer from any infectious or convulsive diseases, has valid vaccination records and is vaccinated in accordance with the goals of a trip. The vaccination records and the foreign passport/identity card shall be handed over to the captain when boarding.
8.3. Requirements to the minimum age
8.3.1. The minimum age of the TRAINEE shall be determined in the Programme.
8.4. Damage to the Sailing Vessel
8.4.1. The breakages of the Sailing Vessel occurring after the actual commencement of the Programme, including, without limitation, the breakages of the mast, engine, rigging etc, shall be considered a part of incidents taking place in the course of the Programme.
8.4.2. If the Sailing Vessel sustains heavy damage or breakages and is forced to call at a port, the CONTRACTOR shall take all measures necessary for the arrangement of the required repair works. The duration of the repair works depends on the complexity of the repair and the availability of spare parts and skilled personnel in the respective region.
8.1.1. As events in which the TRAINEE participates as part of rendering the services by the CONTRACTOR may be objects of filming, video and photo shooting, broadcast on TV, become elements of audiovisual works, the CUSTOMER and the TRAINEE have agreed to grant to the CONTRACTOR and third parties, free of charge, the right to use any images of the TRAINEE in video, photo and other materials related to respective events under this AGREEMENT.
8.1.2. By entering into this AGREEMENT, the CUSTOMER and the TRAINEE give the consent to the use by the CONTRACTOR (including the use for advertising purposes) of video, photo and other materials related to respective events under this AGREEMENT, performed by the TRAINEE and posted in the public domain, including social networks, WhatsApp group.
Such video, photo and other materials may be used by the CONTRACTOR (including the use for advertising purposes) free of charge.
8.2. Requirements to health:
8.2.1. Within the agreed-upon time frame, the TRAINEE shall make the required necessary vaccinations, take preventive measures and, if necessary, consult a specialist on thrombosis and other health risks.
If the TRAINEE takes any medicines, the TRAINEE shall familiarise themselves with the information about possible restrictions on their import into a country; even the prescription issued by a doctor does not guarantee the import permit in all countries.
8.2.2. When entering into the AGREEMENT, the CUSTOMER and the TRAINEE guarantee that the TRAINEE is physically and mentally healthy, has no dependence on drugs or medicines, does not suffer from any infectious or convulsive diseases, has valid vaccination records and is vaccinated in accordance with the goals of a trip. The vaccination records and the foreign passport/identity card shall be handed over to the captain when boarding.
8.3. Requirements to the minimum age
8.3.1. The minimum age of the TRAINEE shall be determined in the Programme.
8.4. Damage to the Sailing Vessel
8.4.1. The breakages of the Sailing Vessel occurring after the actual commencement of the Programme, including, without limitation, the breakages of the mast, engine, rigging etc, shall be considered a part of incidents taking place in the course of the Programme.
8.4.2. If the Sailing Vessel sustains heavy damage or breakages and is forced to call at a port, the CONTRACTOR shall take all measures necessary for the arrangement of the required repair works. The duration of the repair works depends on the complexity of the repair and the availability of spare parts and skilled personnel in the respective region.
9.1. All disputes and disagreements that may arise between the parties shall be resolved through negotiations. A claim shall be settled within 10 days upon receipt thereof. If a claim is not filed within five (5) days from the completion of the specific services, or a part thereof, the claim relates to, then such claim shall not be considered, and the services shall be deemed rendered in full. The TRAINEE and the CUSTOMER have been made aware of the consequences of violating the term for filing a claim and have agreed thereto.
9.2. Within the frames of this Agreement, relations may arise that contain a foreign element, for example, when a party hereto—the CUSTOMER and/or the TRAINEE—is an individual being a foreign citizen. In such cases, the parties elect, agree and acknowledge that all relations and issues hereunder, including, but not limited to, the format, validity, contract conclusion, as well as proper or improper fulfilment obligations hereunder, shall be regulated by the law of the Russian Federation.
9.2.1. The request for services submitted by a physical person, including a foreign citizen, or a legal entity as well as any other expression of the intention to enter into this AGREEMENT shall serve as a confirmation of acquaintance with the provisions of this offer (agreement) and the declaration of consent to the choice of laws of the Russian Federation as the applicable law. The CUSTOMER and/or TRAINEE have been informed, agreed, have no objections whatsoever to the fact that pursuant to clause 3 of article 1212 of the Civil Code of the Russian Federation, the imperative provisions of the law of their place of residence (permanent stay) shall not apply as the services shall be rendered solely within the Russian Federation.
9.2.2. The parties hereto – THE CUSTOMER, THE CONTRACTOR AND THE TRAINEE – shall submit to the exclusive jurisdiction of courts of the Russian Federation with respect to the consideration of disputes arising out of this AGREEMENT (the Forum Selection Clause). The parties agree that the validity of the Forum Selection Clause and the Choice-of-Law Clause does not depend on the validity or conclusion of the underlying agreement. The parties hereto – THE CUSTOMER, THE CONTRACTOR AND THE TRAINEE – may file claims to a public court of the Russian Federation in Moscow, depending on the location of the claimant (including, but not limited to, by the nature of a dispute, the Arbitration Court of Moscow or Nikulinsky District Court of Moscow). The parties agree that the statements of claims submitted to public courts outside of Moscow shall be deemed to have been submitted in violation of the established jurisdiction.
9.2. Within the frames of this Agreement, relations may arise that contain a foreign element, for example, when a party hereto—the CUSTOMER and/or the TRAINEE—is an individual being a foreign citizen. In such cases, the parties elect, agree and acknowledge that all relations and issues hereunder, including, but not limited to, the format, validity, contract conclusion, as well as proper or improper fulfilment obligations hereunder, shall be regulated by the law of the Russian Federation.
9.2.1. The request for services submitted by a physical person, including a foreign citizen, or a legal entity as well as any other expression of the intention to enter into this AGREEMENT shall serve as a confirmation of acquaintance with the provisions of this offer (agreement) and the declaration of consent to the choice of laws of the Russian Federation as the applicable law. The CUSTOMER and/or TRAINEE have been informed, agreed, have no objections whatsoever to the fact that pursuant to clause 3 of article 1212 of the Civil Code of the Russian Federation, the imperative provisions of the law of their place of residence (permanent stay) shall not apply as the services shall be rendered solely within the Russian Federation.
9.2.2. The parties hereto – THE CUSTOMER, THE CONTRACTOR AND THE TRAINEE – shall submit to the exclusive jurisdiction of courts of the Russian Federation with respect to the consideration of disputes arising out of this AGREEMENT (the Forum Selection Clause). The parties agree that the validity of the Forum Selection Clause and the Choice-of-Law Clause does not depend on the validity or conclusion of the underlying agreement. The parties hereto – THE CUSTOMER, THE CONTRACTOR AND THE TRAINEE – may file claims to a public court of the Russian Federation in Moscow, depending on the location of the claimant (including, but not limited to, by the nature of a dispute, the Arbitration Court of Moscow or Nikulinsky District Court of Moscow). The parties agree that the statements of claims submitted to public courts outside of Moscow shall be deemed to have been submitted in violation of the established jurisdiction.
10.1. All other aspects that are not regulated hereby shall be regulated by the laws of the Russian Federation.
10.2. The CUSTOMER hereby confirms its consent to receive from the CONTRACTOR (both directly and through the parties rendering the mailing services to the CONTRACTOR) information and advertising emails (including SMS messages and instant messages sent via WhatsApp, Telegram and email) sent using the CUSTOMER's and the TRAINEE's contact details provided to the CONTRACTOR by the CUSTOMER.
10.3. All documents sent by email, signed and sealed by the CONTRACTOR are effective as the original documents.
10.4. If the Customer and the TRAINEE are not the same person, Appendices 2a and 3 hereto shall be signed by the TRAINEE and submitted to MORSKAYA PRAKTIKA LLC.
If the TRAINEE and the CUSTOMER are the same people, Appendix 3 hereto shall be signed by the CUSTOMER and submitted to MORSKAYA PRAKTIKA LLC.
10.5. The Agreement shall enter into effect from the date specified in this OFFER and shall remain valid until the CUSTOMER's complete fulfilment of their obligations hereunder. The Customer's obligations shall be deemed duly fulfilled by the Customer upon the completion of the Programme (taking into account clauses 4.2.2 and 4.2.4 hereof).
10.2. The CUSTOMER hereby confirms its consent to receive from the CONTRACTOR (both directly and through the parties rendering the mailing services to the CONTRACTOR) information and advertising emails (including SMS messages and instant messages sent via WhatsApp, Telegram and email) sent using the CUSTOMER's and the TRAINEE's contact details provided to the CONTRACTOR by the CUSTOMER.
10.3. All documents sent by email, signed and sealed by the CONTRACTOR are effective as the original documents.
10.4. If the Customer and the TRAINEE are not the same person, Appendices 2a and 3 hereto shall be signed by the TRAINEE and submitted to MORSKAYA PRAKTIKA LLC.
If the TRAINEE and the CUSTOMER are the same people, Appendix 3 hereto shall be signed by the CUSTOMER and submitted to MORSKAYA PRAKTIKA LLC.
10.5. The Agreement shall enter into effect from the date specified in this OFFER and shall remain valid until the CUSTOMER's complete fulfilment of their obligations hereunder. The Customer's obligations shall be deemed duly fulfilled by the Customer upon the completion of the Programme (taking into account clauses 4.2.2 and 4.2.4 hereof).
MORSKAYA PRAKTIKA LLC
Full name: MORSKAYA PRAKTIKA Limited Liability Company
Primary State Registration Number (OGRN): 1157746141057
All-Russian Classifier of Enterprises and Organisations (OKPO): 41567090
Taxpayer Identification Number (INN)/Tax Registration Reason Code (KPP): 7729447745/772901001
All-Russian Classifier of Objects of Administrative Division (OKATO): 45268592000
Registered office: 8 Pokryshkina St., Room VII, Moscow 119602
Current account: 40702810610000270297 Tinkoff Bank
Corr. acc.: 30101810145250000974
RCBIC: 044525974
For EUR settlements:
Beneficiary: MORSKAYA PRAKTIKA LLC
Beneficiary's Account: 40702978910000001765
Beneficiary Bank: Tinkoff Bank
Beneficiary's Bank SWIFT: TICSRUMMXXX
Beneficiary's Bank Address: 10/1 Pervyy Volokolamskiy Proyezd, Moscow, Russia
Intermediary: J.P.MORGAN AG FRANKFURT AM MAIN, DE
Intermediary's Bank SWIFT: CHASDEFXXXX
Intermediary's Bank Address: J.P.MORGAN AG FRANKFURT AM MAIN, DE
Intermediary's Bank Account: 6231608701
General Director
MORSKAYA PRAKTIKA LLC
______________________ K. L. Popov
Full name: MORSKAYA PRAKTIKA Limited Liability Company
Primary State Registration Number (OGRN): 1157746141057
All-Russian Classifier of Enterprises and Organisations (OKPO): 41567090
Taxpayer Identification Number (INN)/Tax Registration Reason Code (KPP): 7729447745/772901001
All-Russian Classifier of Objects of Administrative Division (OKATO): 45268592000
Registered office: 8 Pokryshkina St., Room VII, Moscow 119602
Current account: 40702810610000270297 Tinkoff Bank
Corr. acc.: 30101810145250000974
RCBIC: 044525974
For EUR settlements:
Beneficiary: MORSKAYA PRAKTIKA LLC
Beneficiary's Account: 40702978910000001765
Beneficiary Bank: Tinkoff Bank
Beneficiary's Bank SWIFT: TICSRUMMXXX
Beneficiary's Bank Address: 10/1 Pervyy Volokolamskiy Proyezd, Moscow, Russia
Intermediary: J.P.MORGAN AG FRANKFURT AM MAIN, DE
Intermediary's Bank SWIFT: CHASDEFXXXX
Intermediary's Bank Address: J.P.MORGAN AG FRANKFURT AM MAIN, DE
Intermediary's Bank Account: 6231608701
General Director
MORSKAYA PRAKTIKA LLC
______________________ K. L. Popov
Appendix 1
to the Public Offer Agreement
Safety Rules and Rules of Conduct
On the board of the Sailing Vessel, each Programme participant shall abide by the established daily routine, the voyage safety requirements, the sanitary rules and fire safety rules.
Before each of the Programme, each Trainee shall:
1. Consult the attending physician prior to the commencement of the Programme.
2. Warn the Captain about the possible health issues and inform them about the activities to be performed in case of the issues. This information is strictly confidential and shall only be known to the Captain and First Mate.
3. Undergo health and safety and fire safety briefing and sign the safety and health log.
4. Check the operability of the personal flotation device.
5. Check whether the clothing worn are fit for the current weather.
In the course of the Programme, each Trainee shall:
1. Put on the life vest in a proper manner and avoid taking it off before the end of the shift or while staying on an exterior deck.
2. When boarding, ascending, approaching and leaving, make sure that no body parts are between the Sailing Vessel and solid components of structures and other vessels.
3. When on the board of the Sailing Vessel, wear only specialised footwear (the footwear shall be closed, fixed on the feet and unable to fall off or be lost).
4. In case of an accidental falling overboard, always keep a sheet and/or life-buoy in hands, keep composure and avoid swimming towards the shore, even if it seems close.
It is strictly prohibited to:
1. Stay on the board of the Sailing Vessel under the influence.
2. Wrap ropes around the neck, arms, legs or use teeth to fix them.
3. Without the Captain's permission, dive into the water from the Sailing Vessel or swim when the Sailing Vessel is in motion.
4. Without Captain's permission, begin boarding or de-boarding before the Sailing Vessel is completely moored.
5. Interfere with the operation of the Sailing Vessel's onboard devices and machinery without the Captain's permission or instruction.
6. Behave in a manner that interferes with and creates obstacles to the work of the Sailing Vessel's crew.
7. Without the Captain's permission or instruction, move alee along the Sailing Vessel's board.
8. Stay on an exterior deck of the Sailing Vessel without properly put on a life vest.
9. Smoke, throw matches, cigarette butts, household rubbish and hygienic items overboard.
10. When on exterior decks, use autonomous light sources (pocket lights, lamps, searchlights, photographic equipment flashlights etc) during the hours of darkness since such devices may blind the helmsperson, other crew members; or other vessels may mistake the flashes of light for a distress signal.
11. When calling to ports, behave inappropriately and provocatively, insult or conflict with members of other vessels' crews or the locals.
12. When moored, stay on the board of the Sailing Vessel for a longer period than agreed-upon with the Captain.
13. Violate international laws or the laws of a country in which the Programme is held, including local laws and standards of behaviour established within a voyage area.
The participants of the Programme are aware of the fact that if these rules are violated, the Agreement may be unilaterally terminated by the Contractor. In such a case, the Agreement shall be deemed terminated due to the fault of the violating person.
In case the provisions above are violated, the Captain reserves the right to cancel any specific participant's or a participant group's participation in the Programme. In such cases, all expenses and losses, including, without limitation, the losses and expenses related to the loss of aeroplane tickets, visa overstaying, as well as any other expenses and losses related to the actions of a person violating the safety rules or rules of conduct shall be independently borne by the violating person.
to the Public Offer Agreement
Safety Rules and Rules of Conduct
On the board of the Sailing Vessel, each Programme participant shall abide by the established daily routine, the voyage safety requirements, the sanitary rules and fire safety rules.
Before each of the Programme, each Trainee shall:
1. Consult the attending physician prior to the commencement of the Programme.
2. Warn the Captain about the possible health issues and inform them about the activities to be performed in case of the issues. This information is strictly confidential and shall only be known to the Captain and First Mate.
3. Undergo health and safety and fire safety briefing and sign the safety and health log.
4. Check the operability of the personal flotation device.
5. Check whether the clothing worn are fit for the current weather.
In the course of the Programme, each Trainee shall:
1. Put on the life vest in a proper manner and avoid taking it off before the end of the shift or while staying on an exterior deck.
2. When boarding, ascending, approaching and leaving, make sure that no body parts are between the Sailing Vessel and solid components of structures and other vessels.
3. When on the board of the Sailing Vessel, wear only specialised footwear (the footwear shall be closed, fixed on the feet and unable to fall off or be lost).
4. In case of an accidental falling overboard, always keep a sheet and/or life-buoy in hands, keep composure and avoid swimming towards the shore, even if it seems close.
It is strictly prohibited to:
1. Stay on the board of the Sailing Vessel under the influence.
2. Wrap ropes around the neck, arms, legs or use teeth to fix them.
3. Without the Captain's permission, dive into the water from the Sailing Vessel or swim when the Sailing Vessel is in motion.
4. Without Captain's permission, begin boarding or de-boarding before the Sailing Vessel is completely moored.
5. Interfere with the operation of the Sailing Vessel's onboard devices and machinery without the Captain's permission or instruction.
6. Behave in a manner that interferes with and creates obstacles to the work of the Sailing Vessel's crew.
7. Without the Captain's permission or instruction, move alee along the Sailing Vessel's board.
8. Stay on an exterior deck of the Sailing Vessel without properly put on a life vest.
9. Smoke, throw matches, cigarette butts, household rubbish and hygienic items overboard.
10. When on exterior decks, use autonomous light sources (pocket lights, lamps, searchlights, photographic equipment flashlights etc) during the hours of darkness since such devices may blind the helmsperson, other crew members; or other vessels may mistake the flashes of light for a distress signal.
11. When calling to ports, behave inappropriately and provocatively, insult or conflict with members of other vessels' crews or the locals.
12. When moored, stay on the board of the Sailing Vessel for a longer period than agreed-upon with the Captain.
13. Violate international laws or the laws of a country in which the Programme is held, including local laws and standards of behaviour established within a voyage area.
The participants of the Programme are aware of the fact that if these rules are violated, the Agreement may be unilaterally terminated by the Contractor. In such a case, the Agreement shall be deemed terminated due to the fault of the violating person.
In case the provisions above are violated, the Captain reserves the right to cancel any specific participant's or a participant group's participation in the Programme. In such cases, all expenses and losses, including, without limitation, the losses and expenses related to the loss of aeroplane tickets, visa overstaying, as well as any other expenses and losses related to the actions of a person violating the safety rules or rules of conduct shall be independently borne by the violating person.
Appendix 2
to the Public Offer Agreement
CONTRACTUAL RISK ALLOCATION AGREEMENT
This document forms an integral part of the AGREEMENT and shall be accepted alongside the OFFER.
By accepting the terms and conditions of the AGREEMENT and effecting the advance payment, the Acceptor (the 'Programme Participant') accepts the following terms and conditions:
· The Programme Participant (the Customer, the Trainee or another participant) shall assume all risks of illness, injury or death, including, but not limited to, physical injuries and psychological traumas, damage to personal belongings, the full or partial destruction thereof, as well as any other damage to such belongings or any other losses caused by/related to the Programme participation; thus the Programme Participant hereby relieves the Contractor (MORSKAYA PRAKTIKA LLC) from any obligations to the recovery of damages and reimbursement for losses caused by the circumstances above.
· The Programme Participant guarantees that as of the commencement of the Programme they are over 18 years of age.
· The Programme Participant shall guarantee that they do not have any physical, psychological or any other restrictions that may prevent them or other participants from safely participating in the Programme. The Program Participant guarantees that the information concerning their health condition is accurate and agrees that they bear the risk of the non-provision of information in written form.
· Having familiarised themselves with the terms and conditions of the Public Offer Agreement, the Programme Participant assumes all other risks of damage to health, property, personal property and non-property rights related to the Programme participation. The Programme Participant has been informed and agrees that the Contractor shall not be held liable for any psychological traumas or physical injuries, damage to personal belongings, partial or complete destruction of or any other damage to belongings or for any other losses in any manner whatsoever caused by/related to the Programme participation. The parties presume that such harm shall not be caused to the Customer or the Trainee due to the Contractor's fault.
· The Programme Participant confirms that they can take care of themselves in the course of the Programme and that they will not disrupt the Programme, bother other participants or prevent them from fully participating in the Programme.
· The Programme Participant confirms that they are aware that the Programme will be held far from medical stations and that all participants shall behave independently.
· The Programme Participant confirms that they are aware that emergency evacuation may be impossible, costly or seriously delayed.
· The Programme Participant confirms that they realise that medical supplies and aid available on board may only be administered 'at the first-aid level'.
· The Programme Participant confirms that they realise that weather conditions in the Programme area may be harsh, unfavourable or extremely changeable (storm, strong and cold wind, rain, snowfall, hail, fog, low visibility, etc.); that weather conditions may change the route of the Programme or the schedule of visiting specific locations along the Programme route; that weather conditions may be harsh, unfavourable or extremely changeable throughout the Programme period; and that the above factors may entail the symptoms of seasickness, stress, depression, negative emotional perception of reality etc.
· The Programme Participant confirms that they have been warned and understand that in the course of the Programme a force majeure may cause breakages and faults of the onboard equipment, which, in its turn, may affect the comfort of Programme participants.
· The Programme Participant confirms that they have been warned and understand that Captain's decisions related to safety, controlling the Sailing Vessel, weather, the ice situation, navigation or all matters related to behaviour, health & safety and routine maintenance on the board of the Sailing Vessel, including determining the place, time and duration of deboarding, shall be final and shall not be negotiable.
Customer _______________________
to the Public Offer Agreement
CONTRACTUAL RISK ALLOCATION AGREEMENT
This document forms an integral part of the AGREEMENT and shall be accepted alongside the OFFER.
By accepting the terms and conditions of the AGREEMENT and effecting the advance payment, the Acceptor (the 'Programme Participant') accepts the following terms and conditions:
· The Programme Participant (the Customer, the Trainee or another participant) shall assume all risks of illness, injury or death, including, but not limited to, physical injuries and psychological traumas, damage to personal belongings, the full or partial destruction thereof, as well as any other damage to such belongings or any other losses caused by/related to the Programme participation; thus the Programme Participant hereby relieves the Contractor (MORSKAYA PRAKTIKA LLC) from any obligations to the recovery of damages and reimbursement for losses caused by the circumstances above.
· The Programme Participant guarantees that as of the commencement of the Programme they are over 18 years of age.
· The Programme Participant shall guarantee that they do not have any physical, psychological or any other restrictions that may prevent them or other participants from safely participating in the Programme. The Program Participant guarantees that the information concerning their health condition is accurate and agrees that they bear the risk of the non-provision of information in written form.
· Having familiarised themselves with the terms and conditions of the Public Offer Agreement, the Programme Participant assumes all other risks of damage to health, property, personal property and non-property rights related to the Programme participation. The Programme Participant has been informed and agrees that the Contractor shall not be held liable for any psychological traumas or physical injuries, damage to personal belongings, partial or complete destruction of or any other damage to belongings or for any other losses in any manner whatsoever caused by/related to the Programme participation. The parties presume that such harm shall not be caused to the Customer or the Trainee due to the Contractor's fault.
· The Programme Participant confirms that they can take care of themselves in the course of the Programme and that they will not disrupt the Programme, bother other participants or prevent them from fully participating in the Programme.
· The Programme Participant confirms that they are aware that the Programme will be held far from medical stations and that all participants shall behave independently.
· The Programme Participant confirms that they are aware that emergency evacuation may be impossible, costly or seriously delayed.
· The Programme Participant confirms that they realise that medical supplies and aid available on board may only be administered 'at the first-aid level'.
· The Programme Participant confirms that they realise that weather conditions in the Programme area may be harsh, unfavourable or extremely changeable (storm, strong and cold wind, rain, snowfall, hail, fog, low visibility, etc.); that weather conditions may change the route of the Programme or the schedule of visiting specific locations along the Programme route; that weather conditions may be harsh, unfavourable or extremely changeable throughout the Programme period; and that the above factors may entail the symptoms of seasickness, stress, depression, negative emotional perception of reality etc.
· The Programme Participant confirms that they have been warned and understand that in the course of the Programme a force majeure may cause breakages and faults of the onboard equipment, which, in its turn, may affect the comfort of Programme participants.
· The Programme Participant confirms that they have been warned and understand that Captain's decisions related to safety, controlling the Sailing Vessel, weather, the ice situation, navigation or all matters related to behaviour, health & safety and routine maintenance on the board of the Sailing Vessel, including determining the place, time and duration of deboarding, shall be final and shall not be negotiable.
Customer _______________________
Appendix 2a
to the Public Offer Agreement
If the Customer and the trainee (Programme Participant) are not the same person, this document shall be signed by the Trainee and submitted to MORSKAYA PRAKTIKA LLC.
CONTRACTUAL RISK ALLOCATION AGREEMENT
This document forms an integral part of the Public Offer Agreement.
* For children under 18 years of age, this form shall be filled in by one of their parents.
Being a Participant of the Programme (the TRAINEE), I, _____________________________________________________________________________:
· assume all risks of illness, injury or death, including, but not limited to, physical injuries and psychological traumas, damage to personal belongings, the full or partial destruction thereof as well as any other damage to such belongings or any other losses caused by/related to the Programme participation; thus I hereby relieve the Contractor (MORSKAYA PRAKTIKA LLC) from any obligations to the recovery of damages and reimbursement for losses caused by the circumstances above;
· guarantee that as of the commencement of the Programme I am over 18 years of age;
· guarantee that I have no physical, psychological or any other restrictions that may prevent me or other participants from safely participating in the Programme; guarantee that the information concerning my health condition is accurate and agree that I bear the risk of the non-provision of information in written form;
· having read the terms and conditions of the Public Offer Agreement, I assume all other risks of damage to health, property, personal property and non-property rights related to the Programme participation. I am informed and agree that the Contractor shall not be held liable for any psychological traumas or physical injuries, damage to personal belongings, partial or complete destruction of or any other damage to belongings or for any other losses in any manner whatsoever caused by/related to the Programme participation. I presume that such harm won't be caused to me due to the Contractor's fault;
· confirm that I am able to take care of myself in the course of the Programme and that I shall not disrupt the Programme, bother other participants or prevent them from fully participating in the Programme;
· confirm that I am aware that the Programme will be held far from medical stations and that all participants shall behave independently;
· confirm that I am aware that emergency evacuation may be impossible, costly or seriously delayed;
· confirm that I realise that medical supplies and aid available onboard may only be administered 'at the first-aid level';
· confirm that I realise that weather conditions in the Programme area may be harsh, unfavourable or extremely changeable (storm, strong and cold wind, rain, snowfall, hail, fog, low visibility, etc.); that weather conditions may change the route of the Programme or the schedule of visiting specific locations along the Programme route; that weather conditions may be harsh, unfavourable or extremely changeable throughout the Programme period; and that the above factors may entail the symptoms of seasickness, stress, depression, negative emotional perception of reality, etc.;
· confirm that I have been warned and understand that in the course of the Programme a force majeure may cause breakages and faults of the onboard equipment, which, in its turn, may affect the comfort of Programme participants;
· confirm that I have been warned and understand that the Captain's decisions related to safety, controlling the Sailing Vessel, weather, the ice situation, navigation or all matters related to behaviour, health & safety and routine maintenance on the board of the Sailing Vessel, including determining the place, time and duration of deboarding, shall be final and shall not be negotiable.
TRAINEE ___________________________________
Date
to the Public Offer Agreement
If the Customer and the trainee (Programme Participant) are not the same person, this document shall be signed by the Trainee and submitted to MORSKAYA PRAKTIKA LLC.
CONTRACTUAL RISK ALLOCATION AGREEMENT
This document forms an integral part of the Public Offer Agreement.
* For children under 18 years of age, this form shall be filled in by one of their parents.
Being a Participant of the Programme (the TRAINEE), I, _____________________________________________________________________________:
· assume all risks of illness, injury or death, including, but not limited to, physical injuries and psychological traumas, damage to personal belongings, the full or partial destruction thereof as well as any other damage to such belongings or any other losses caused by/related to the Programme participation; thus I hereby relieve the Contractor (MORSKAYA PRAKTIKA LLC) from any obligations to the recovery of damages and reimbursement for losses caused by the circumstances above;
· guarantee that as of the commencement of the Programme I am over 18 years of age;
· guarantee that I have no physical, psychological or any other restrictions that may prevent me or other participants from safely participating in the Programme; guarantee that the information concerning my health condition is accurate and agree that I bear the risk of the non-provision of information in written form;
· having read the terms and conditions of the Public Offer Agreement, I assume all other risks of damage to health, property, personal property and non-property rights related to the Programme participation. I am informed and agree that the Contractor shall not be held liable for any psychological traumas or physical injuries, damage to personal belongings, partial or complete destruction of or any other damage to belongings or for any other losses in any manner whatsoever caused by/related to the Programme participation. I presume that such harm won't be caused to me due to the Contractor's fault;
· confirm that I am able to take care of myself in the course of the Programme and that I shall not disrupt the Programme, bother other participants or prevent them from fully participating in the Programme;
· confirm that I am aware that the Programme will be held far from medical stations and that all participants shall behave independently;
· confirm that I am aware that emergency evacuation may be impossible, costly or seriously delayed;
· confirm that I realise that medical supplies and aid available onboard may only be administered 'at the first-aid level';
· confirm that I realise that weather conditions in the Programme area may be harsh, unfavourable or extremely changeable (storm, strong and cold wind, rain, snowfall, hail, fog, low visibility, etc.); that weather conditions may change the route of the Programme or the schedule of visiting specific locations along the Programme route; that weather conditions may be harsh, unfavourable or extremely changeable throughout the Programme period; and that the above factors may entail the symptoms of seasickness, stress, depression, negative emotional perception of reality, etc.;
· confirm that I have been warned and understand that in the course of the Programme a force majeure may cause breakages and faults of the onboard equipment, which, in its turn, may affect the comfort of Programme participants;
· confirm that I have been warned and understand that the Captain's decisions related to safety, controlling the Sailing Vessel, weather, the ice situation, navigation or all matters related to behaviour, health & safety and routine maintenance on the board of the Sailing Vessel, including determining the place, time and duration of deboarding, shall be final and shall not be negotiable.
TRAINEE ___________________________________
Date
Appendix 3
to the Public Offer Agreement
MEDICAL INFORMATION
Please pay close attention to all details provided in these forms. All parts of this form are an Appendix to the Public Offer Agreement.
The Programme will be held in remote areas and will include long periods of staying offshore where complex medical aid will be unavailable. Although the vessel will have a first-aid kit, and the Captain is trained in administering first aid, the level of such aid that can be administered on board is limited to first aid.
A doctor onshore can be contacted, but contact therewith cannot be guaranteed. However, if you provide the Captain with full information about your health by filling in the confidential report attached, then in the case of an injury or illness in the course of the Programme, the Captain will have a document that will help them more efficiently deal with the situation. This information will only be available to the Captain and the crew and will not be disclosed.
To ensure safety on the board of the Sailing Vessel, the Trainee participating in the Programme shall be physically fit and have good health. Bad environmental conditions create a risk of seasickness. The participants for whom it is a problem are not recommended to participate in the Programme as this may lead to great risk or pose a risk to the comfort, safety and wellbeing of other Programme participants. The examples of the diseases and the individual characteristics of an organism that entail the said risks are as follows: physical debility, obesity (they limit mobility and the ability to hold a balance), unstable heart and lungs performance, weak mental health.
You are also recommended to take along your own drugs for the entire duration of the voyage, plus extra drugs for several days. Take along the drugs and preventive medicines that you foresee you may need during the voyage. We would also like to warn you that medical evacuation, if available, is quite expensive and may be delayed. The Trainee is responsible for the payment of evacuation expenses; therefore, we recommend that you obtain medical insurance covering this risk.
to the Public Offer Agreement
MEDICAL INFORMATION
Please pay close attention to all details provided in these forms. All parts of this form are an Appendix to the Public Offer Agreement.
The Programme will be held in remote areas and will include long periods of staying offshore where complex medical aid will be unavailable. Although the vessel will have a first-aid kit, and the Captain is trained in administering first aid, the level of such aid that can be administered on board is limited to first aid.
A doctor onshore can be contacted, but contact therewith cannot be guaranteed. However, if you provide the Captain with full information about your health by filling in the confidential report attached, then in the case of an injury or illness in the course of the Programme, the Captain will have a document that will help them more efficiently deal with the situation. This information will only be available to the Captain and the crew and will not be disclosed.
To ensure safety on the board of the Sailing Vessel, the Trainee participating in the Programme shall be physically fit and have good health. Bad environmental conditions create a risk of seasickness. The participants for whom it is a problem are not recommended to participate in the Programme as this may lead to great risk or pose a risk to the comfort, safety and wellbeing of other Programme participants. The examples of the diseases and the individual characteristics of an organism that entail the said risks are as follows: physical debility, obesity (they limit mobility and the ability to hold a balance), unstable heart and lungs performance, weak mental health.
You are also recommended to take along your own drugs for the entire duration of the voyage, plus extra drugs for several days. Take along the drugs and preventive medicines that you foresee you may need during the voyage. We would also like to warn you that medical evacuation, if available, is quite expensive and may be delayed. The Trainee is responsible for the payment of evacuation expenses; therefore, we recommend that you obtain medical insurance covering this risk.
These forms shall be filled, signed and submitted to MORSKAYA PRAKTIKA LLC.
PART 1 HEALTH CONDITION
Being a Participant of the Programme (the TRAINEE), I, _______________________________________________________________________________:
· confirm that I am physically fit;
· confirm that I am able to take care of myself in the course of the Programme and that I won't disrupt the Programme, bother other participants or prevent them from fully participating in the Programme;
· am aware that the Programme route will be located far from medical stations and that all participants shall behave independently;
· am aware that emergency evacuation may be impossible, expensive or seriously delayed;
· realise that medical supplies and aid available on board may only be administered 'at the first-aid level';
· assure that recently I have not undergone a medical treatment course, that I am not aware of any medical condition, debility or disability that could threaten other participants of the Programme;
· confirm the accuracy of the information provided below:
1. Have you obtained insurance that will cover evacuation from a remote area in case of an emergency? Yes/No
2. If yes, specify the insurance company's name, address and details of your insurance policy:
3. Specify the family member or another person to be contacted in case of an emergency
Name
Telephone
Email
Degree of kindred
Full name
Signature
Date
PART 1 HEALTH CONDITION
Being a Participant of the Programme (the TRAINEE), I, _______________________________________________________________________________:
· confirm that I am physically fit;
· confirm that I am able to take care of myself in the course of the Programme and that I won't disrupt the Programme, bother other participants or prevent them from fully participating in the Programme;
· am aware that the Programme route will be located far from medical stations and that all participants shall behave independently;
· am aware that emergency evacuation may be impossible, expensive or seriously delayed;
· realise that medical supplies and aid available on board may only be administered 'at the first-aid level';
· assure that recently I have not undergone a medical treatment course, that I am not aware of any medical condition, debility or disability that could threaten other participants of the Programme;
· confirm the accuracy of the information provided below:
1. Have you obtained insurance that will cover evacuation from a remote area in case of an emergency? Yes/No
2. If yes, specify the insurance company's name, address and details of your insurance policy:
3. Specify the family member or another person to be contacted in case of an emergency
Name
Telephone
Degree of kindred
Full name
Signature
Date
These forms shall be filled, signed and submitted to MORSKAYA PRAKTIKA LLC.
PART 2 MEDICAL INFORMATION
Full name
Date of birth
Blood type (if known)
Height
Weight
1. Please specify your current and chronic diseases requiring regular medical supervision:
2. Specify the drugs you take currently. Specify their brand names, descriptions, dozes, frequency of taking, purpose.
Brand name, description
Purpose
Doze/potency
Frequency of taking
3. Are you allergic or sensitive to narcosis, penicillin, other drugs or any food? If yes, specify which:
4. Within the past 5 years, have you been hospitalised or have you had a surgical operation? If yes, specify the diagnosis.
5. Do you have any psychiatric disorders or neurological conditions? If yes, specify which:
6. (For women) Are you pregnant? If yes, what gestation week will you be in during the voyage?
I confirm the accuracy of the information provided.
Full name
Signature
Date
PART 2 MEDICAL INFORMATION
Full name
Date of birth
Blood type (if known)
Height
Weight
1. Please specify your current and chronic diseases requiring regular medical supervision:
2. Specify the drugs you take currently. Specify their brand names, descriptions, dozes, frequency of taking, purpose.
Brand name, description
Purpose
Doze/potency
Frequency of taking
3. Are you allergic or sensitive to narcosis, penicillin, other drugs or any food? If yes, specify which:
4. Within the past 5 years, have you been hospitalised or have you had a surgical operation? If yes, specify the diagnosis.
5. Do you have any psychiatric disorders or neurological conditions? If yes, specify which:
6. (For women) Are you pregnant? If yes, what gestation week will you be in during the voyage?
I confirm the accuracy of the information provided.
Full name
Signature
Date
