Public Offer Agreement
Public Offer Agreement
for the Provision of Hotel Services
| SERVICE PROVIDER (Contractor) | CUSTOMER (Guest / Client) |
|---|---|
|
SMI Group LLC Registered address: 0019, Yerevan, Baghramyan Ave 1, apt 2 Website: apagaresort.com Settlement currency: AMD (Armenian Dram) |
Any natural or legal person who accepts the terms of this Agreement by completing a reservation, making a payment, or otherwise confirming their intention to receive services from the Contractor. |
SMI Group LLC (hereinafter the "Contractor"), acting in accordance with the legislation of the Republic of Armenia, publishes this Public Offer Agreement (hereinafter the "Agreement") on the official website at apagaresort.com. This Agreement constitutes a public offer under the civil legislation of the Republic of Armenia and is binding upon full and unconditional acceptance (Acceptance) by any person (hereinafter the "Customer") in the manner set out herein.
1. DEFINITIONS
For the purposes of this Agreement the following terms have the meanings set out below:
| Term | Definition |
|---|---|
| Agreement | This Public Offer Agreement for the provision of hotel and event services, including all policies and schedules incorporated by reference. |
| Acceptance | The full and unconditional acceptance of this Agreement by the Customer, expressed by completing a reservation, confirming a quotation, or making a payment toward hotel or event services. |
| Contractor | SMI Group LLC, the owner and operator of Apaga Resort hotel located in Yenokavan, Tavush, Armenia. |
| Customer | Any natural person, legal entity, or their authorized representative who accepts this Agreement. Where a booking is made for other persons, the Customer assumes liability for those persons in accordance with this Agreement. |
| Guest | The natural person who actually occupies a room or participates in an event, who may or may not be the same person as the Customer. |
| Services | Accommodation services, event and conference services, and corporate stay services provided by the Contractor, as described in Section 3. |
| Booking Confirmation | The written document (email or other written record) issued by the Contractor confirming a reservation, including the dates, room or event details, pricing, and applicable terms. |
| Prepayment / Advance Payment | An amount charged to the Customer's payment card or bank account prior to arrival or service delivery as a guarantee or partial payment, in accordance with the applicable prepayment schedule. |
| 3D Secure Payment | A card-payment authentication protocol requiring the cardholder to verify their identity through a one-time password or biometric confirmation during online transactions. All online card payments processed by the Contractor are subject to 3D Secure authentication. |
| Non-Refundable Rate | A rate category under which the full reservation cost is charged at the time of booking and is not refundable in the event of cancellation, modification, or no-show. |
| Force Majeure | Events beyond the reasonable control of a party, including natural disasters, war, civil unrest, government restrictions, epidemics, utility failure, or other unforeseeable and unavoidable circumstances. |
| AMD | Armenian Dram — the official currency of the Republic of Armenia, in which all prices and charges under this Agreement are denominated. |
| Servicing Bank | The bank through which the Contractor processes payments under this Agreement. Bank details are provided in the Booking Confirmation and on the hotel website. |
| Check-in Time | 15:00 local time on the arrival date, unless a different time is confirmed in writing. |
| Check-out Time | 12:00 local time on the departure date, unless a different time is confirmed in writing. |
2. LEGAL BASIS AND FORMATION OF THE AGREEMENT
2.1 This Agreement is a public offer under the civil legislation of the Republic of Armenia. It is addressed to an indefinite circle of persons and sets out uniform terms on which the Contractor provides hotel and event services. The Contractor is not entitled to refuse to enter into this Agreement with any Customer who submits a valid reservation and meets the conditions set out herein.
2.2 The Agreement is deemed concluded at the moment of Acceptance, which occurs upon the earliest of:
- completion of a reservation through the hotel website at apagaresort.com;
- written confirmation of a quotation, event agreement, or corporate booking proposal;
- payment of any prepayment, deposit, or full reservation amount to the Contractor's account.
2.3 By accepting this Agreement, the Customer confirms that they have read, understood, and agree unconditionally to all terms set out herein, including all policies incorporated by reference. The Customer may not propose alternative conditions.
2.4 This Agreement has the legal force of a signed contract and does not require a physical signature of either party.
2.5 A Booking Confirmation issued by the Contractor constitutes an integral and binding part of this Agreement. In the event of conflict between this Agreement and a Booking Confirmation issued for a specific reservation, the Booking Confirmation prevails for that reservation.
2.6 This Agreement is governed by the legislation of the Republic of Armenia.
3. SUBJECT MATTER AND SCOPE OF SERVICES
3.1 Under this Agreement, the Contractor undertakes to provide the Customer with hotel and related services at Apaga Resort, Yenokavan, Tavush, Armenia (website: apagaresort.com), subject to reservation and payment.
3.2 Services covered by this Agreement include:
- Accommodation — provision of guest rooms for temporary occupancy, including standard room amenities as described in the Booking Confirmation;
- Event and private function services — organization and hosting of private events, celebrations, retreats, and gatherings at the resort's premises;
- Corporate stay and conference services — hosting of corporate groups, team-building programmes, and business events;
- Additional and ancillary services — extra beds, transfers, dining, pet accommodation, late check-out, early check-in, and other supplementary services available at the resort.
3.3 The specific scope of services, room type, dates, number of guests, and pricing applicable to each reservation are set out in the Booking Confirmation. Services not listed in the Booking Confirmation are charged separately.
3.4 The Contractor reserves the right to modify the list of available services, subject to publishing updated terms on the hotel website. Such modifications do not affect Booking Confirmations already issued.
4. RESERVATION PROCEDURE
4.1 Reservations may be submitted through the following channels:
- the hotel website at apagaresort.com;
- by telephone to the hotel reception;
- by email to the hotel's published contact address;
- through other official sales channels authorized by the Contractor.
4.2 To submit a valid reservation request, the Customer must provide accurate information including: full name of the primary guest, contact details (telephone and email), desired check-in and check-out dates, room type and number of rooms, number of adult and child guests, and any applicable special requests.
4.3 A reservation is considered confirmed only upon:
- receipt of a written Booking Confirmation from the Contractor; and
- successful processing of any required prepayment in accordance with Section 5.
4.4 For reservations made through the hotel website, a Booking Confirmation is normally issued within a few minutes after successful submission and payment authorization. Reservations submitted by phone or email are normally confirmed within 48 hours of receipt. If the Contractor cannot confirm availability, no booking obligation arises and any amounts charged are refunded in full.
4.5 The Customer is solely responsible for the accuracy of all information provided at the time of booking. The Contractor is not liable for errors or losses arising from inaccurate guest information.
4.6 Requests to modify a confirmed reservation (including date changes, room type changes, or changes in the number of guests) must be submitted in writing. Modifications are subject to availability and may result in a rate adjustment. If a requested modification cannot be accommodated, the Contractor may treat the request as a cancellation of the original reservation in accordance with the Refund & Cancellation Policy.
5. PRICING AND PAYMENT
5.1 All prices for hotel and event services are denominated in Armenian Dram (AMD). The applicable price is the one stated in the Booking Confirmation or quotation issued by the Contractor.
5.2 Prices confirmed in a Booking Confirmation are fixed and cannot be changed by the Contractor after confirmation, except where the reservation is modified at the Customer's request.
5.3 The Contractor accepts the following payment methods:
- Bank card payment via the hotel website (subject to 3D Secure authentication);
- Bank transfer to the Contractor's designated bank account (details provided in the Booking Confirmation);
- Cash payment at the hotel reception;
- Other payment methods published on the hotel website at the time of booking.
5.4 All card payments processed through the hotel website are authenticated using 3D Secure technology. By completing an online card payment, the Customer confirms their identity as the authorized cardholder and accepts full liability for the transaction. The Contractor is not responsible for delays or declines caused by the issuing bank's 3D Secure process.
5.5 Where payment is made by bank transfer, funds must be credited to the Contractor's designated bank account by the payment deadline stated in the Booking Confirmation. Bank account details are provided in the Booking Confirmation and on the hotel website. The reservation is not considered guaranteed until funds are received.
5.6 Unless otherwise stated in the Booking Confirmation, the remaining balance after any prepayment is due and payable at check-in for accommodation services, or at the time specified in the event or corporate booking agreement.
5.7 Applicable taxes and compulsory charges are included in the stated price unless the Booking Confirmation expressly states otherwise.
5.8 Prepayment Schedule
| Reservation Type | Amount Charged | When Charged |
|---|---|---|
| Individual (1–3 rooms) | First night's cost | 48 hours before arrival (immediately if booked within 48 hours) |
| Group – Short Stay (4+ rooms, up to 3 nights) | One night per reserved room | 14 days before arrival (immediately if booked within 14 days) |
| Group – Extended Stay (4+ rooms, 4+ nights) | 30% of total reservation value | 30 days before arrival (immediately if booked within 30 days) |
| Non-Refundable Rate | Full booking amount | At the time of booking |
5.9 If a required prepayment cannot be successfully processed, the Contractor may cancel the reservation or request an alternative payment method within a reasonable period, with prior notice to the Customer.
6. CANCELLATION AND REFUNDS
6.1 Cancellations and refunds are governed by the Contractor's Refund & Cancellation Policy published on the hotel website at apagaresort.com, which is incorporated into this Agreement by reference and forms an integral part hereof.
6.2 The key cancellation rules in force as of the effective date of this Agreement are summarized below. In the event of conflict between this summary and the published Refund & Cancellation Policy, the published policy prevails.
| Reservation Type | Free Cancellation By | Late Cancellation Fee | No-Show Penalty |
|---|---|---|---|
| Individual (1–3 rooms) | 48 hours before arrival | 1 night charge | 1 night charge |
| Group – Short Stay (4+ rooms, ≤ 3 nights) | 14 days before arrival | 1 night per room | 1 night per room |
| Group – Extended Stay (4+ rooms, 4+ nights) | 30 days before arrival | 30% of total value | 30% of total value |
| Non-Refundable Rate | N/A (no free cancellation) | Full amount retained | Full amount retained |
6.3 Eligible refunds are processed to the original payment method used for the reservation. Refunds are normally processed within 7 working days after cancellation is confirmed by the Contractor. The Contractor is not responsible for additional delays attributable to the issuing bank, card network, or the Contractor's servicing bank processing timelines.
6.4 Cancellation requests may be submitted via the cancellation link in the Booking Confirmation email, by phone to the hotel reception, or by email. A cancellation is effective only from the moment it is recorded by the Contractor.
6.5 If the Guest checks out before the confirmed departure date, the unused portion of the stay is refundable only where the booked rate expressly permits early departure refunds, or the Contractor confirms such refund in writing.
7. CHECK-IN, CHECK-OUT, AND HOTEL RULES
7.1 Standard check-in begins at 15:00 and standard check-out is until 12:00 local time at the property. Where the Contractor has confirmed a different time for a specific booking, that confirmed time prevails.
7.2 Early check-in and late check-out are available upon prior written request and subject to room availability. Additional charges may apply and will be stated in advance.
7.3 Guests planning to arrive after 22:00 must notify the hotel in advance. Failure to notify may result in the reservation being treated as a no-show in accordance with Section 6.
7.4 Valid government-issued photo identification (passport or national ID card) must be presented at check-in by each guest aged 18 or above. The Contractor may refuse accommodation if required identification cannot be presented or if legal registration requirements cannot be completed.
7.5 Children under 18 may only stay if accompanied by a parent, legal guardian, or an adult legally authorized to travel with them.
7.6 Guests must comply with the hotel rules, safety requirements, and lawful instructions of hotel staff throughout their stay. The Contractor may refuse service, terminate accommodation, or require a guest to leave where the guest materially breaches hotel rules, causes serious disturbance, endangers other persons, or damages hotel property, without prejudice to any legal rights of the Contractor.
7.7 The Customer and Guest are fully liable for any damage, additional cleaning costs, disturbance, or health and safety incidents caused during their stay or by any persons they have invited onto the premises.
7.8 Smoking is permitted only in designated outdoor areas identified by the hotel. Smoking in guest rooms, common indoor areas, or other non-designated spaces is strictly prohibited and may result in an additional cleaning or damage fee.
7.9 Pets are permitted only upon prior written confirmation by the hotel. The Customer must notify the hotel at the time of booking if a pet will accompany the stay. A pet fee of AMD 9,000 per dog per stay applies. The Customer is fully liable for any damage, cleaning costs, or disturbance caused by their pet.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 Contractor's Obligations
The Contractor undertakes to:
- provide the agreed room or event space in a clean, safe, and habitable condition meeting applicable hospitality standards;
- issue a Booking Confirmation promptly upon reservation and payment;
- process eligible refunds within 7 working days of a confirmed cancellation;
- maintain reasonable availability of hotel services as described on the hotel website;
- inform the Customer promptly of any material changes to a confirmed reservation.
8.2 Contractor's Rights
The Contractor is entitled to:
- require the Customer to present valid identification at check-in;
- charge the applicable prepayment or cancellation fee in accordance with this Agreement;
- terminate accommodation and require a guest to leave for material breach of hotel rules or conduct endangering others;
- update pricing, available services, and policies on the hotel website, subject to the proviso that changes do not affect already-confirmed bookings;
- retain the deposit or prepayment in accordance with the cancellation rules applicable to the booked rate.
8.3 Customer's Obligations
The Customer undertakes to:
- provide accurate and complete booking information, including guest names, contact details, dates, and number of guests;
- present valid identification for each adult guest at check-in;
- pay all applicable charges by the due dates specified in the Booking Confirmation or this Agreement;
- comply with hotel rules, safety requirements, and lawful instructions of hotel staff;
- vacate the room or event space by the confirmed check-out or end time;
- notify the hotel in advance of any late arrival after 22:00;
- compensate the Contractor in full for any damage, additional cleaning costs, or losses caused by the Customer, Guest, or any person admitted to the hotel by the Customer.
8.4 Customer's Rights
The Customer is entitled to:
- receive the services described in the Booking Confirmation at the agreed time and quality;
- receive a refund of eligible prepaid amounts within the timeframes set out in Section 6;
- submit complaints and receive a response from the Contractor within a reasonable period;
- request modifications to a confirmed reservation, subject to availability and applicable rate conditions.
9. LIABILITY
9.1 The Contractor's liability to the Customer arising from or related to this Agreement is limited to the total amount actually paid by the Customer for the specific reservation in connection with which the liability arose.
9.2 The Contractor is not liable for: (a) loss or damage to the Customer's or Guest's personal belongings unless caused by proven gross negligence or wilful misconduct of hotel staff; (b) service interruptions caused by third-party utility providers; (c) losses arising from inaccurate booking information provided by the Customer; (d) delays or failures caused by Force Majeure events.
9.3 The Customer and Guest are jointly and severally liable for all damage to hotel property, rooms, equipment, furnishings, or common areas caused by them or by persons admitted to the hotel by them. Compensation is assessed at the Contractor's actual documented cost of repair or replacement.
9.4 The Contractor is not liable for transaction declines, authentication failures, or processing delays attributable to the Customer's issuing bank, card network, or the 3D Secure authentication system.
9.5 Nothing in this Agreement limits or excludes liability to the extent that such limitation or exclusion is prohibited by applicable Armenian law.
10. FORCE MAJEURE
10.1 Neither party is liable for non-performance or delay in performance of its obligations to the extent caused by Force Majeure events, including natural disasters, war, civil unrest, declared epidemics or pandemics, government or regulatory orders restricting hotel operations, utility failures, or other circumstances beyond the affected party's reasonable control.
10.2 The affected party must notify the other party promptly upon becoming aware of a Force Majeure event and take all reasonable steps to mitigate its effects.
10.3 Where a Force Majeure event prevents the Contractor from providing confirmed services, the Contractor will use reasonable efforts to offer the Customer rescheduling, a credit toward a future stay, or another practical solution, subject to the circumstances and applicable law. Where a full refund is required by applicable Armenian consumer protection legislation, such refund shall be processed accordingly.
11. PRIVACY AND DATA PROTECTION
11.1 By accepting this Agreement, the Customer consents to the Contractor collecting, processing, and storing personal data (including name, contact details, identification document details, and payment information) for the purposes of reservation management, service delivery, financial record-keeping, and compliance with applicable Armenian legislation.
11.2 Personal data is processed in accordance with the Law of the Republic of Armenia on Personal Data Protection and the Contractor's Privacy Policy published on the hotel website.
11.3 Card payment data is processed exclusively through the Contractor's payment service provider and the Contractor's servicing bank's secure systems. The Contractor does not store full card numbers or sensitive authentication data.
11.4 The Customer has the right to request access to, correction of, or deletion of their personal data by contacting the hotel using the contact details in Section 14.
12. MODIFICATIONS TO THE AGREEMENT
12.1 The Contractor reserves the right to modify the terms of this Agreement by publishing an updated version on the hotel website at apagaresort.com. Changes become effective upon publication and apply to reservations made on or after the publication date.
12.2 Reservations confirmed before the publication of any amendment remain subject to the terms in force at the time of Acceptance, unless the Customer expressly agrees to the amended terms.
12.3 Continued use of the hotel's services after publication of an amendment constitutes acceptance of the amended terms for any new reservation.
13. DISPUTE RESOLUTION
13.1 Any dispute, claim, or disagreement arising from or in connection with this Agreement shall first be addressed through direct negotiation between the parties. The Customer may submit a written complaint using the contact details in Section 14, and the Contractor will respond within 10 business days.
13.2 If the dispute cannot be resolved by negotiation within 30 calendar days of the complaint being submitted, either party may refer the matter to the competent court in accordance with the legislation of the Republic of Armenia.
13.3 This Agreement is governed by and construed in accordance with the laws of the Republic of Armenia. The courts of the Republic of Armenia have exclusive jurisdiction over any dispute arising from this Agreement.
14. CONTACT DETAILS AND EFFECTIVE DATE
14.1 All communications, reservations, cancellation requests, complaints, and enquiries may be directed to the Contractor using the contact details published on the official hotel website at apagaresort.com.
14.2 Hotel address: 4008, Armenia, Tavush Province, Yenokavan Village, 1st street.
14.3 For payment-related enquiries, guests may contact the Contractor using the contact details published on the hotel website.
14.4 This Public Offer Agreement enters into force on 18 May 2026 and applies to all reservations made on or after that date.
ACCEPTANCE AND ACKNOWLEDGEMENT
By completing a reservation, paying a deposit or any advance amount, or otherwise confirming acceptance of services from Apaga Resort, the Customer confirms that they have read, understood, and unconditionally agree to all terms of this Public Offer Agreement, including the Accommodation & Service Provision Terms and the Refund & Cancellation Policy incorporated herein by reference.
This Agreement is published on the official hotel website at apagaresort.com and is effective as of 1 June 2026.