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.