defining St. Petersburg Card online order, payment, redemption and cancellation procedures
1. IMPORTANT DEFINITIONS
1.1. Agreement – the present User Agreement.
1.2. Parties – St. Petersburg Card operator (hereafter referred to as Operator), Customer.
1.3. Operator — «Guest Card» Co. Ltd., which issues and sells sightseeing smart cards.
1.4. St. Petersburg Card (hereafter — the Card, the Service) – a sightseeing package containing of a smart card with a guidebook. The package entitles its owner to special admission terms at the Attractions included in the Card offer.
1.5. Site – Operator's website located at www.petersburgcard.com, intended for publishing information about the Service, and running an online shop where the Card can be purchased.
1.6. Order – a duly completed website form with the purpose of purchasing the Card. Cost of the Order is defined on the basis of current price rates, published on the Operator's website at the moment of purchase (regardless of the planned activation period).
1.7. Customer (User) – an individual of 18 years and up, using a Bank Card according to the contract terms of the respective issuing bank, who completed an online order form and uses the information about St. Petersburg Card published on the Site.
1.8. Bank Card – a tool, allowing its holder to carry out operations with funds deposited at the issuing bank, in accordance with the Russian law and contract terms of the issuing bank.
1.9. Electronic Money — WebMoney, QIWI or Yandex. Money systems, which can be used to pay for the Order.
1.10. Payment Terminal — a self-service bank terminal, where the Order that has been completed online can be paid for either by cash or by Bank card.
1.11. Voucher – a document in paper or electronic format, possessing a unique number and confirming Payment by the Customer — performed either online or via the Payment Terminal. The Voucher that has not been exchanged for Cards does not grant special terms when visiting Attractions.
1.12. Redemption Point – a point where Vouchers can be exchanged for St. Petersburg Cards.
1.13. Sales Point — a point where St. Petersburg Card can be purchased either for cash or with a credit card.
1.14. Payment – transfer of funds from the Customer's account to the Operator's account in the amount equalling cost of the Order. Payment can be performed using a Bank Card, Electronic Money, bank transfer or Payment Terminal.
1.15. Payment System — a number of financial institutions united with each other on a contractual basis, including software, hardware and technical equipment, providing informational and technological interaction required for settlements between the Operator and the Customer in the mode of secure connection using SSL-protocol for secure payment technology 3D-Secure ( «Verified by Visa» and «Mastercard Secure Code»).
1.16. Confirmation of Payment – 1) confirmation by the System that money has been written off the Customer Bank Card or Electronic Money purse; 2) issuing a receipt when the Payment was made via a Payment Terminal.
1.17. Purchase – Payment for the Order completed online and confirmed by the Voucher, which is exchanged for Cards at the Redemption Points.
1.18. Order Pick-Up — free exchange of the Voucher for St. Petersburg Cards at the Redemption Points.
1.19. Attractions – museums, tours and other partners that grant special admission terms to the Customer when St. Petersburg Card is presented.
1.20. Refund – refund of the Payment to the Customer Bank Card, made in accordance with the Agreement terms.
1.21. Regulations of the payment systems – a set of rules regulating the activity of VISA and MasterCard payment systems.
1.22. Delivery — a service of delivering Cards to the hotel provided by the Operator and available to the Customer when completing an online Order form. The cost of Delivery service is published on the Site.
2. SUBJECT OF THE AGREEMENT
2.1.The Agreement regulates actions of the Customer when obtaining information and filling in the Order form on the Site.
2.2.The Agreement is a binding contract between the Customer and the Operator, which regulates use of the Site by the Customer when St. Petersburg Card is ordered, and is considered a standard form contract in accordance with the Russian Civil Code, articles 426-428. The Operator reserves the right to take advantage of all the benefits that are available to them in such a case based on the applicable provisions of the Russian civil legislation.
2.3.Words and expressions which are capitalized in the text of the Agreement, if not defined directly in the text as such, have the meanings specified for them in section 1 of the Agreement.
3. PERIOD OF THE AGREEMENT
3.1. The Agreement shall come into effect at the moment when the Customer fills in his or her name and e-mail address in the registration form when ordering St. Petersburg Card.
3.2. The Operator has the right to amend the Agreement by publishing it on the Site without prior notification of the Customer, and the Customer hereby accepts the fact that upon making each order the Customer is obliged to read the text of the Agreement as amended. The text of the Agreement is always available on the Operator's website at the following address: https://www.petersburgcard.com/terms-online.
3.3. The Customer's consent to the Agreement terms is expressed by putting a mark in the appropriate field of the registration form when ordering St. Petersburg Card.
3.4. The Customer has the right to refuse his or her acceptance of the amendments to the Agreement made by the Operator, which is tantamount to the Customer's refusal to use the ordering services of the Site.
4. FILLING IN THE ORDER FORM WHEN PURCHASING ONLINE
4.1. The Customer undertakes to complete all fields of the online registration form on the Site when ordering the Card, namely:
— Enter the name, surname, age range and the country of residence of the Card recipient;
— Provide a valid e-mail address owned by the Customer;
— Provide a valid phone number owned by the Customer;
— Choose the method of obtaining the Card — Redemption Points or Delivery to the hotel;
— To select the approximate Pick-Up date or the exact date of the Order Delivery;
— Choose the payment method for the Order — online (by Bank Card or Electronic Money) or via Payment Terminal;
— Confirm acceptance of the Agreement terms in a manner specified in clause 3.3. of the Agreement.
5. RIGHTS ANS OBLIGATIONS OF THE CUSTOMER
5.1. The Customer is obliged to fully comply with the Agreement terms.
5.2. The Customer has the right to make an Order on the Site and pick it up at the Redemption Points or have it delivered to the hotel in accordance with the Agreement terms.
5.3. The Customer shall not be entitled to reproduce, repeat, duplicate, resell any information from the Site, post it on other sites, or use for commercial or promotional purposes — including information on the Card and its price rates published on the Site.
5.4. When picking up the Order at the Redemption Points the Customer shall present a unique Order number or the Voucher.
6. RIGHTS ANS OBLIGATIONS OF THE OPERATOR
6.1. The Operator provides the Customer with the ability to make an online Order on the Site in accordance with the Agreement terms.
6.2. The Operator shall specify on the Site the price rate of St. Petersburg Card, which is available for Order.
6.3. The Operator reserves the right to unilaterally change the Card price offered on the Site, but this does not affect in any way the Orders which have been paid for previously.
7. ORDERS PAID ONLINE: PURCHASE AND REFUND
7.1.Currency of Payment
7.1.1. In accordance with the Russian legislation, the currency in which money is debited from the Customer's Bank Card is the Russian ruble.
7.2. Procedure of Purchasing online via Bank Card:
7.2.1. The Customer selects the desired Cards and proceeds to checkout, gradually passing through all stages of the Order completion.
7.2.2. The Customer the right to cancel an unpaid Order at any time before the final confirmation and making a Payment.
7.2.3. When placing an Order and proceeding to the Payment stage, the Customer is redirected to the Payment System website, where the Bank Card data will be verified. Upon successful result of the Payment, the Order amount is debited from the Customer Bank Card.
7.2.4. If the Payment was not completed or was completed unsuccessfully, the Customer shall be entitled to place a new order and make a Payment according to the procedure specified in the above clauses: 7.2.1 — 7.2.3.
7.2.5. As soon as the Operator is notified by the System about successful Payment, the Customer receives a Voucher to the email address specified during Order completion. The voucher contains a unique number and other information about the Order.
7.2.6. The Customer can pick up paid orders at any Redemption Point (no matter which Point was chosen during order completion) within 180 calendar days from the date of purchase. If within this period the Customer has not redeemed the Voucher (for reasons beyond the Operator's control), the Order is considered to be fulfilled and the paid amount is no more subject to refund.
7.2.7. For picking up the Card, the Customer must present a printed Voucher or provide its unique number.
7.3. The Operator is entitled to refuse order issuance in the following cases: a) the Payment System has notified of the possible fraudulent transaction involving the Customer Bank Card; b) the Voucher has already been exchanged for Cards before; c) the Customer has failed to provide the Voucher or its unique number; g) there is no possibility to identify the Customer and his or her Order based on the information provided and in the absence of a Voucher / its unique number. The operator is not liable if the Voucher has already been used in an unauthorized manner by third parties.
7.4. In case of the Operator's refusal to issue Cards to the Customer, based on the reasons specified in clause 7.3. of the Agreement, the failure to obtain Cards will be considered as one occurring through the Customer's fault and the Operator will not be liable for refunding the corresponding Order amount to the Customer.
7.5. In case the Customer unilaterally refuses the Cards which were purchased in the established order according to the Agreement, he or she is entitled to a Refund of the amount paid for the Order as stated in clause 7.9. of the Agreement.
7.6. Security of Payments
7.6.1. The Customer is obliged to make payments using only their own Bank Cards.
7.6.2. Payments security is ensured via the acquiring bank, operating on the basis of modern technologies and protocols developed by international payment systems Visa International and MasterCard Worldwide (3D-Secure: Verified by VISA, MasterCard SecureCode). Depending on the Customer's choice, processing of the confidential cardholder data is done either by an independent processing company, joint-stock company «United Card Services» (of Global Payments group) or PJSC «Sberbank of Russia». Security of the transmitted information is provided by the up-to-date Internet security protocols.
7.7. Order Cancellation
7.7.1. The Operator has the right to cancel the Order in cases specified in clause 7.3.
7.7.2. The Operator has the right to cancel the Order if, after the Customer has completed it, the System has not confirmed a successful Payment within twenty (20) minutes. Provisions of this clause apply only to Orders to be paid online.
7.7.3. The Operator has the right to cancel the Order if, after the Customer has completed it, the System has not confirmed a successful Payment within three (3) days. Provisions of this clause apply only to Orders to be paid via the Payment Terminal.
7.7.4. The operator can cancel the Order in case of the software platform failure at the moment of order implementation. In this case, the total Order amount is automatically returned to the Bank Card involved in the Payment.
7.8. Customer Support
7.8.1. For any questions, complaints and suggestions related to making payments by Bank Cards, the Customer should contact customer support service of the issuing bank. The Customer has the right to apply to St. Petersburg Card Customer Service to obtain some preliminary reference, which can only be provided to the extent of the Operator's knowledge.
7.9. Policy of Refund upon the Customer request
7.9.1. The Customer has the right to cancel the paid, but still uncollected online Orders within 180 (one hundred and eighty) days. To do this, the Customer must submit a request to the Operator based on the Appendix 1 to this Agreement, stating the reasons for Order cancellation. Refund to the Customer Bank Card is made to the amount of the paid Order minus 5% covering the Operator's actually incurred costs in accordance with Article 32 of the Federal Law «On Protection of Consumers' Rights» and Article 782 of the Russian Civil Code.
7.9.2. The Customer has the right to cancel the paid and collected Order, provided that the Card was not activated, within 30 calendar days after Order pick-up. The Refund is processed in a manner stated in clause 7.9.1. of this Agreement, and is initiated only after the return of an unused St. Petersburg Card package (guidebook and a plastic smart card), brought by the Customer / Customer's representative personally to the Operator's office or sent to the postal address mentioned on the Site. In this case, the shipping charges will be at the Customer's expense.
7.9.3. To return the collected Order amount, it is required to fill in the application form provided in Appendix 1 to this Agreement and send it by e-mail to firstname.lastname@example.org. 1) The application must specify: Customer first and last names, e-mail address specified in the Order, number of the Voucher, date and amount of the Order, amount requested to be refunded, the last 4 digits of the Bank Card involved in the Payment, reasons for claiming a Refund.
7.9.4 The Operator initiates a refund on the business day following the receipt of e-mail Customer application, or receipt of the unused St. Petersburg Card package. Considering the time required for bank processing, the refund procedure may take from 3 to 45 business days, which depends on the Customer's country of residence and terms of the issuing bank.
7.10. Policy of Refund at the Operator's initiative
When a Refund is initiated due to termination of the Operator's activities, or in the event of a technical failure which caused an incorrectly made Order/Payment, the Operator cancels the Order and returns its full amount to the Customer. The Operator shall, within 5 (five) working days, notify the Customer about Order cancellation by sending a relevant e-mail to the address specified during Order completion, and within 10 (ten) business days make a Refund of the full Order amount.
7.11. In case of a Refund made by the Operator in accordance with the Agreement terms, Regulations of the payment systems and Russian legislation, it will be regarded by the Parties as an event, which gives sufficient grounds for the Operator to terminate its obligations under the Agreement, considering them fulfilled.
7.12. The Refund date shall be the date of debiting money from the Operator's account. The Operator shall not be liable for further transactions related to the Refund.
8.1. In accordance with provisions of the Federal Law no.152-FZ «On Personal Data» from 27.07.2006, the Customer acknowledges and agrees to provide to the Operator their personal data, as well as personal data of the third parties referred to by the Customer, which are received by the Operator during the checkout process, namely: first name, last name, contact telephone number, country, delivery address (in case the service of delivery is chosen) and e-mail address. Processing of Customer personal data is carried out in accordance with Russian legislation. The Customer authorizes the Operator to process their personal data in connection with the provision of services to the Customer resulting from this Agreement, which is also with the Customer's purpose of obtaining messages from the Operator about possible changes in the terms of service. Due to the fact that processing of the Customer's personal data is carried out due to performance of a contract — entered into under the terms of this Agreement, by virtue of Article 6 of the Federal Law no.152-FZ «On Personal Data» from 27.07.2006, a separate written consent to processing personal data from the Customer is not required. The period of using Customer personal data is not limited.
8.2. By virtue of item 2, clause 2.2, Article 22 of the Federal Law no.152-FZ «On Personal Data» from 27.07.2006, the Operator is entitled to carry out processing of personal data without notifying the authorized body for protection of personal data subject rights. The Operator processes personal data of the Customer in order to provide services, investigation and analysis of such data and to communicate with the Customer. The Operator shall take all necessary measures to protect the Customer's personal data from unauthorized access, dissemination, alteration, disclosure or destruction.
8.3. The Operator does not verify the accuracy of personal data provided by the Customer and does not control their relevance, but assumes that the Customer provides reliable and sufficient personal information as prompted in the Order form, and keeps this information up to date. The entire responsibility for the consequences of providing false or invalid personal data shall be held by the Customer.
8.4. The Operator may use the information provided by the User, including personal data, in order to ensure compliance with applicable laws (including for the prevention and/or suppression of illegal and/or unlawful actions of the Customer). Disclosure of the information provided by the Customer may be made only in accordance with the applicable legislation upon request of the court, law enforcement agencies and in other cases required by law.
9.1. The Parties agree that the Site is an alternative option of purchasing the Card, which does not deprive the Customer of the opportunity to make a purchase without using it (at the available Sales Points), e.g. in case of a technical failure or suspension of the Site work for indefinite period.
9.2. The Operator shall make every possible effort to ensure the normal operation of the Site. However, the Operator does not guarantee that the Site will meet all requirements and expectations of the Customer or that its functioning will be uninterrupted, quick or error-free.
9.3. The Operator is not responsible for the contracts entered into by the Customer and third parties in relation to St. Petersburg Card.
9.4. The Operator shall have the right to unilaterally terminate operation of the Site or part of its functions at any time without prior notice. In this case all Vouchers purchased on the Site up to that moment will remain valid. The Operator is not liable for the temporary or permanent discontinuance of the Site operation.
9.4.1 The Operator reserves the right to suspend online sale of all or one of the Card types due to force majeure circumstances. All Vouchers purchased on the Site up to that moment will remain valid. The Customer also has the right to buy the Card at one of the Sales Points.
9.5. The Operator may suspend functioning of the Site without any prior notice to the Customer in case of force majeure, failures of software or technological support of the third parties, which provide operation of the Site in accordance with the Agreement terms, as well as actions/omissions of the third parties aimed at suspension or termination of the Site work.
9.6. The Operator is not responsible for any failure to perform their obligations to the Customer under this Agreement in terms of compensation for losses incurred in connection with the use or inability to use the Site.
9.7. The Operator is not responsible for the timing of payments by the bank and other organizations.
9.8. In all circumstances, the Operator's liability to the Customer is limited to the value of purchased Cards.
9.9. The parties are exempt from the responsibility for partial or complete failure to perform their obligations if such failure was caused by force majeure arising after the Agreement has come into force, or if it was a result of extraordinary events, which the Parties could not foresee and prevent by reasonable measures.
9.10. The Operator is not responsible for any disputes arising between the Customer and the System and/or a credit institution over the Payment transaction.
10. FINAL PROVISIONS
10.1. This document is an Agreement between the Customer and the Operator, which defines terms & conditions of using the Site with the purpose of making an Order and purchasing St. Petersburg Card. In case of a conflicting situation, the Agreement published on the Website will take precedence over any other version of the Agreement.
10.2. In cases other than those specified in the Agreement, the relationship between the Operator and the Customer is governed by the laws of the Russian Federation.
10.3. In case of disputes regarding the Agreement, the Operator and the Customer will make all possible efforts to resolve them through negotiations. In case of a failure to settle disputes through negotiation, they shall be settled in accordance with the Russian legislation.
10.4. If the court recognizes any part of the Agreement invalid or not enforceable, this will not entail invalidation of other provisions of the Agreement.
10.5. If the Customer accepts the Agreement terms and expresses their acceptance according to procedure specified in clause. 3.3. of the Agreement, the Parties consider this fact as an equivalent of the Customer handwritten signature.
10.6. All texts published on the Site are the Operator's intellectual property.
APPLICATION FORM FOR CLAIMING A REFUND
First name: ____________________________________
Last name: ____________________________________
E-mail address: _________________________________
Order number and date: __________________________
Order amount: _________________________________
Amount requested to be refunded: _________________
4 last digits of the Bank Card used for the Payment: _____________
Reasons for claiming a refund: ____________________________________________________________________