USER AGREEMENT on the terms and conditions of the website www.tutu.ru

USER AGREEMENT on the terms and conditions of the website www.tutu.ru

1. General provisions

1.1. Limited Liability Company "New Travel Technologies" (hereinafter the "Company"), acting legally and being the licensee of the Internet-site located at the following address: www.tutu.ru (hereinafter "Tutu.ru") (the developer and the copyright owner of Tutu.ru is Globus Media LLC (PSRN: 1117746940013, TIN: 7724813130) (hereinafter the "Copyright owner"), shall make Tutu.ru and its Services (hereinafter the "Services") available to a user (a legal individual person over 18 years, who uses Tutu.ru for personal, domestic and other needs not related to business activities — the "User") under the terms and conditions defined in this User Agreement (hereinafter the "Agreement"). The Agreement hereof shall come into force from the moment the User accepted its terms in the manner stipulated by paragraph 1.4 of the Agreement.

The User agrees to comply with the terms and conditions described in this Agreement.

1.2. This Agreement contains solely the terms and conditions for the use of Tutu.ru. The provisions of this Agreement are mandatory for all the Users registered through Tutu.ru, or who have started using any of its Services. The Company offers the User to take advantage of the opportunities and services available on Tutu.ru under the terms and conditions herein: searching airline tickets, train tickets, bus tickets (collectively — "Tickets"), booking the Ticket chosen by the User, confirm or change a Ticket, refund of a Ticket according to Carrier’s Regulations, pay a Ticket, as well as choose and pay a travel product, book and pay hotels, and obtain other Services available on Tutu.ru (hereinafter the "Services"). The Services for direct ticketing, exchange, refund or payment of Tickets, procurement of travel products, payment for hotels are carried out by third parties authorized to such actions — the partners of the Company — and not under this Agreement.

1.3. The use of the Services is also subject to the offers of the Company, that are situated in each section of the corresponding Service on Tutu.ru, the Privacy Policy of the Company (https://www.tutu.ru/2read/legal_information/privacy_policy_of_the_limited_liability+/), and also to the Policy of NTT LLC in relation to personal data processing (https://www.tutu.ru/2read/legal_information/policy_of_the_limited+_liability/).

The Company can change this Agreement without any prior notice to the User, the revised version comes into force upon its publication on the Internet at the address indicated in this paragraph, unless otherwise provided by the revised version of the Agreement. The current version of the Agreement is on the page at https://www.tutu.ru/2read/legal_information/user_agreement/.

1.4. The User accepts the terms of the Agreement in its entirety, without any reservations and exceptions, from the moment of opening any page of any section of Tutu.ru with any technical device in the Internet browser, and also starting to use any Service. In case of disagreement of the User with any of the provisions of the Agreement, the User is not entitled to use Tutu.ru and must leave the website. In case when the User does not agree with changes to the Agreement the Company has made, in accordance with the paragraph 1.3. of the Agreement, the User must stop using Tutu.ru.

2. User registration. User account

2.1. To start using the Services on Tutu.ru, the user registration is not required. In addition, the personal account is automatically linked to the e-mail address of the User after the first purchase on Tutu.ru.

2.2. The personal account is a separate section on Tutu.ru, where information about the User’s orders is stored. Order information is available only to the registered User. The personal account should help the User to manage his orders.

2.3. To get the access to the personal account, the User must click the link in the upper right corner of any page/section of Tutu.ru and enter his email (used when making orders) and password. If the User does not remember the password for logging in to his personal account, he needs to click the link "Password recovery" and follow the instructions.

2.4. For registration without ordering any Ticket, the User needs to click the link in the upper right corner of the page of Tutu.ru and enter his e-mail. After registration, the User will receive an email with an activation link. The User chooses his own password for access to his personal account. The Company has the right to specify requirements for the password’s length, permissible symbols, etc. However, the Company is in no way obliged to verify the information provided by the User ("Account data"), and is not liable to any third parties for the accuracy and reliability of the Account data.

2.5. By publishing account or other data and by acceding to the Agreement, the User expresses his consent to processing of account or other data by the Company, so it will be displayed in the User’s profile. The User gives his consent for account and other data to be transmitted to the third parties, particularly but not exclusively for data processing, for functioning of Tutu.ru and its Services, for the implementation of partner and other programs of the Company.

2.6. Data processing allows the User to use the Services and grants the rights to use additional functional (software) capabilities of Tutu.ru, conduct advertising campaigns and statistical studies, analyze statistical data obtained, carry out other activities described in the Agreement. The processing of the User’s account data is carried out upon the User’s registration and lasts until his account is deleted.

2.7. The User agrees that the Company, when processing his account data, have the rights to use it as follows: collection, systematization, accumulation, storage, use, deleting and other actions necessary for the implementation of the Agreement. After account registration on Tutu.ru, the Company has the right to add information content to the User’s account, including information about the User’s orders, advertising information and other. However, the User undertakes not to distribute e-mail addresses and other personal information of other Users or any third parties on the Services of Tutu.ru without their personal consent to such actions.

2.8. The User is personally responsible for the safety and security of his password and information data.

2.9. The Company is not responsible and does not guarantee the security of the User’s personal data in cases of: password transfer by the User to the third parties (intentionally or by negligence); third-party access to the User’s e-mail box by using password cracking software; third-party access to the User’s e-mail box by simply guessing a password; the User non-compliance with the recommendations specified in this Agreement or in the Service interface.

2.10. The User’s personal data in the account is stored and processed by the Company in accordance with the terms of the Policy of NTT LLC in relation to personal data processing.

2.11. The User is solely responsible for the security (resistance to guessing) of the means, chosen by him for accessing the account, and also solely ensures their confidentiality. The User is solely responsible for all actions (and their consequences), associated with the use of the Services under the User’s account, including cases of voluntary transfer of access data by the User to the third parties under any terms (including contracts or agreements). Any action, associated with the use of the Services and carried out under the User’s account, shall be considered performed by the User himself, unless the User informs the Company about unauthorized access to the Services under the User’s account and/or any actual or suspected breach of confidentiality of his access data (password) in accordance with p. 2.12.1 of the Agreement.

2.12. The User shall:

2.12.1. Immediately notify the Company about any cases of unauthorized use of the User’s password or account, and/or any other breach of confidentiality;

2.12.2. Carry out safe logout from his account (by pressing the "Log Out" button) after the end of each session of work. The Company is not responsible for any damage or losses, that may occur due to non-compliance with the recommendations set forth in paragraph 2 of this Agreement.

2.13. The User’s password can be recovered only in case of accurate, correct and complete data indicated at registration of the account. If the User neglects to fill accurate, correct and complete registration data, the support team of Tutu.ru will not be able to recover the password. The Company recommends to protect the password and fill in the registration form of the Services accurately, correctly and completely.

2.14. The User has the right to delete his account on Tutu.ru at any time.

3. General provisions of Services

3.1. Tutu.ru provides access to the Services that are accessible through a personal computer and mobile devices, both existing and those that will be developed in the future.

3.2. The User understands and agrees that the Services may contain advertising, and that such advertising is a necessary condition of using the Services. The User also understands and agrees that the Services may contain messages such as automatic notifications and newsletters.

3.3. The Company assumes no responsibility for the User’s settings, nor for the Service meets the User’s expectations. All matters of granting access to the Internet, purchasing and adjusting the relevant equipment and software products are solved by the User independently and are not subject to this Agreement.

3.4. The User agrees that the Company may collect impersonal statistical data about Users of the Services.

3.5. The Company has the right to send information messages to their Users about the Services.

3.6. The Company has the right to specify any additional requirements and restrictions relating to the registration on Tutu.ru and the use of the Services.

3.7. In order to use Tutu.ru as a set of computer programs, the Company grants the User (the licensee) the right to use the free functional (software) capabilities of Tutu.ru under the terms of a simple (non-exclusive) royalty-free license.

4. Terms of use of Services

4.1. The User is solely responsible before the third parties for his actions related to the use of Tutu.ru, including but not limited, if such actions lead to violation of rights and legitimate interests of the third parties; as well as for compliance with legislation when using the Services.

4.2. When using the Services, the User shall not:

4.2.1. Impersonate another person or a representative of an organization and/or community without sufficient rights, including employees of Tutu.ru, and also use any other methods of illegal representation of other persons in the Internet, as well as misinform the Company about the properties and characteristics of any subjects or objects;

4.2.2. Send, transmit, post and/or distribute in any other way the content of Tutu.ru, in the absence of rights to such actions under the law;

4.2.3. Disturb the work of Tutu.ru and the Services;

4.2.4. Promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement;

4.2.5. Violate in any other way applicable laws, including international law.

4.3. The Company has the right to transfer the available information about the User to authorized law bodies and other authorized government bodies upon their first request in accordance with the current legislation of the Russian Federation.

4.4. By using the Services, the User agrees that, when required, the Company may transfer his personal data to partners solely for ensuring the provision of the Services ordered by the User, and solely in the amount necessary for the proper provision of these Services.

5. Termination of the User’s account

5.1. The User agrees that the Company reserves the right to delete the User’s account on Tutu.ru at any time without prior notice.

5.2. The account may be deleted for any of the following reasons: а) violation of the provisions of this Agreement or its amendments, that form an integral part of the Agreement; b) upon the appropriate request of authorities, in accordance with the legislation of the Russian Federation; c) due to unforeseen technical problems or circumstances related to security, etc.

5.3. The Company has the right to delete the User’s account on Tutu.ru and/or suspend, restrict or terminate access to any of the Services without assigning any reason therefore, if the Company finds out that the User breaches the terms of this Agreement.

6. Exclusive Rights to the Services and Content

6.1. The User undertakes not to reproduce, copy, reduplicate, sell or resell, nor to use it for any commercial purposes, publicize, distribute the software of Tutu.ru and any of the Services in whole or in part (including the content accessible to the User through the Services), or access to them, except when the User has previously received such permission from the Company.

6.2. All objects available during the use of the Services and Tutu.ru, including design elements, text, graphic images, illustrations, videos, software, databases, music, sounds, and other objects (hereinafter the "Сontent of the Services"), as well as any content published on the Services and Tutu.ru shall be covered by exclusive rights of the Сopyright owner and other title owners.

6.3. The use of content, as well as any other elements of the Services and Tutu.ru, is possible only within the frame of their own functionality. Any use of the content elements of the Services and Tutu.ru as well as their content without the consent of title owners shall be strictly prohibited. By using is meant: reproducing, copying, processing, distributing on any basis, display in a frame, etc. The exception shall be any cases directly stipulated by the legislation of the Russian Federation.

The personal non-commercial use by the User of Service content elements and any content is authorized upon preservation of all marks of copyright, associated rights, trademarks, other notices of copyright, preservation of the name (pseudonym) of the author/title holder’s name unchanged and preservation of corresponding object unchanged. The exception shall be any cases directly stipulated by the legislation of the Russian Federation.

7. Third party Websites and Content

7.1. The Services may content links to other websites (third party websites). Such third parties and their content are not verified by the Company for compliance with any requirements (reliability, completeness, legality, etc.). The Company shall not be liable for any information or materials posted on third party websites that the User may access through the Services, including any opinions or statements expressed on third party websites, advertising, etc. as well as availability of such websites or content and consequences of their use by the User.

7.2. A link (in any form) to any website, product, service, any commercial or non-commercial information published on Tutu.ru shall not be considered as endorsement or recommendation of such products (services, activities) by Tutu.ru, unless directly stated on Tutu.ru resources.

8. Advertising on Tutu.ru Services

8.1. The Company shall be responsible for its advertising on the Services within the limits established by the legislation of the Russian Federation.

9. Breaks in the operations of Tutu.ru

9.1. The Company has the right to carry out regular maintenance of the Services with their temporary suspension.

9.2. In the case of force majeure circumstances, as well as accidents or software and hardware malfunctions of third parties cooperating with the Company, or actions of third parties aimed at suspension or termination of functioning of all or part of the Services, the Services may be suspended without prior notification to the Users and without liability of the Company or its partners to the Users.

10. Feedback and order of claims examination

10.1. A user, who believes his rights and interests have been harmed by the actions of the Company, may send an appropriate claim. All claims are examined by the Customer Support Service in accordance with the general procedure for all incoming claims. All claims, including those related to the performance of the Services, can be sent by the User through this form https://www.tutu.ru/feedback_bilet.php. The User and the Company agree that any disputes arising out of this Agreement shall be settled in accordance with the current legislation of the Russian Federation.

10.2. All disputes of the parties arising out of this Agreement shall be resolved through correspondence and negotiations with a mandatory pre-trial (pre-action) procedure. In case of failure to reach agreement between the parties through negotiations within sixty (60) calendar days following receipt of a written claim by the other party, the dispute shall be submitted by any interested party to the court at the location of the Company (excluding the jurisdiction of any other courts).

10.3. If a provision of this Agreement is or becomes invalid or unenforceable in any jurisdiction, it shall not affect the validity or enforceability of the remaining provisions hereof.

11. Changes and amendments to the Agreement

11.1. The Company may change this Agreement without any prior notice. Any unilateral changes to the Agreement, made by the Company, shall come into force on the day following the publication of such changes on Tutu.ru or on the pages of the corresponding Service. The User undertakes to independently verify the Agreement for any changes made. Lack of awareness of the User shall not excuse performance of his obligations and compliance with the restrictions imposed by this Agreement.

11.2. In the case of adoption of normative legal acts by authorities of the Russian Federation, affecting, in whole or in part, the functioning of Tutu.ru and the Services, the Company reserves the right to make any changes in the functioning of the Services and Tutu.ru as well, aimed at coordination of the Company’s activities with the new acts.

11.3. The User can refuse to accept changes and amendments to the Agreement and / or individual Services, which means the User’s abandonment of use of Tutu.ru and / or individual Services and of all rights granted to him earlier.

12. Liability

The User understands and agrees that:

12.1. The Company does not guarantee that the Services will comply with the User’s requirements; that the Services will be provided without interruptions, promptly, sustainably and without errors; that results received with the use of the Services are accurate and reliable; that the quality of any product, information, etc. received through the Services will meet the User’s expectations; and that all errors in the programs will be fixed. Service software, computer programs that ensure the functioning of the Services, are provided to Users as non-exclusive license (as-is), without any performance warranty and technical support.

12.2. The Company shall not be liable for any direct or indirect damages, caused by the use or inability to use the Services and Tutu.ru; by unauthorized access to the User’s systems; by fraudulent activities of the third parties.

13. Confidentiality

13.1. The Company may use the technologies for identifying Users, including Cookie files. The Company uses Cookie files for marketing purposes — to study the preferences of Users, to register Users’ visits of Tutu.ru, to remember the pages and the links used by the Users. The Company shall use this information, so that Tutu.ru and advertising posted on Tutu.ru most closely correspond to the interests of the Users. The Company may also transfer this information to the third parties for the same purpose. However, such identification is impersonal and generalized, Tutu.ru tracks the actions of individual Users. This information can be transferred to authorized law bodies in accordance with the current legislation of the Russian Federation.

13.2. The confidentiality of messages and information about Users is ensured within the confines of the Services and Tutu.ru, except in the cases stipulated by the legislation of the Russian Federation and p. 13.1. hereof.

14. Other provisions

14.1. This Agreement is an agreement between the User and the Company regarding the procedure of using the Services of Tutu.ru. It shall replace all previous agreements between the User and the Company on the above issues.

14.2. This Agreement shall be regulated and interpreted according to laws of the Russian Federation. Any issues, that are not regulated by this Agreement, shall be settled in accordance with the legislation of the Russian Federation. Any disputes arising out of relations regulated by this Agreement shall be settled as prescribed by the current legislation of the Russian Federation according to Russian legal standards. In any part of this Agreement, unless otherwise stated, the term "legislation" shall mean legislation of the Russian Federation.

14.3. Due to the fact that services under this Agreement are provided free of charge, the norms on consumer rights’ protection under the legislation of the Russian Federation shall not apply to relations between the User and the Company.

14.4. Nothing in this Agreement shall be interpreted as agency, partnership, mutual activities, employment or any other relations between the User and the Company not directly stated in this Agreement.

14.5. If for any reasons one or several provisions of this Agreement are declared invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions hereof.

14.6. Failure by the Company to act in case of violation by the User or any other users of the provisions of this Agreement shall not deprive the Company of the right to take appropriate actions to protect its interests in the future and shall not be interpreted as waiver by the Company of its rights in case of any future similar or identical violations.

14.7. This Agreement is made in Russian.