(PUBLIC OFFER CONTRACT)
This is the contract ,in which one of the parties "Energy Travel" is registered in The Unified State Register of Legal entities and Private Entrepreneurs in the order established by the current legislation (hereinafter referred to as the Contractor), on the one hand, and any Person who accepted the proposal (hereinafter referred to as the Customer), on the other hand, hereinafter referred to as the Parties, And each separately – Party. This Agreement (hereinafter – the Agreement), addressed to an unlimited number of persons, which are the official public offer Of The Contractor, for conclusion of a contract on rendering services to the Software
- GENERAL PROVISIONS
1.1. This Agreement shall be concluded by giving the Customer's full and unconditional consent to the conclusion of the Agreement in full, without the signing by the Parties of a written counterparty.
1.2. By agreeing to the Agreement, the Customer acknowledges that all terms and conditions of this Agreement have been fully reviewed and agreed by acceptance.
1.3. Any of the following actions shall be deemed to be acceptance of this public offer:
- fact of registration, on the site Of The Performer and ordering Of The Contractor's Services on the site Of The Contarctor https://kyivadventures.com/. The online payment and booking system accepts the application only after the customer has read the terms of this Agreement. By clicking "COMPLETE BOOKING" and/or "FINISH BOOKING", the Customer confirms that he has read and agrees to the terms of this Agreement;
- Payment Of The Contractor's Services under the terms and conditions set forth in this document and on the corresponding pages of the Contractor's website https://kyivadventures.com/;
- written (including electronic mail) notification Of acceptance of the terms of this Agreement to the e-mail address specified on kyivadventures.com.
1.4. By entering Into This Agreement, the Customer automatically agree to the full and unconditional acceptance of the provisions of this Agreement, the prices of the Services and all the annexes which are its integral parts.
1.5. If the Customer does not agree to the terms of this Agreement, he/she shall not enter into This Agreement and shall not use the Services under this Agreement.
2. Terms AND DEFINITIONS
"Public offer Agreement" is a public contract, a sample of which is posted on the website kyivadventures.com.
" is the granting of full and unconditional consent to the full and unconditional conclusion of this Agreement without the signing by the Parties of a written counterparty.
" is a service or several Services for organizing visits to the Chernobyl exclusion zone and the zone of unconditional (mandatory) eviction and other tourist services provided By The Executor and indicated By The Executor in the corresponding section of the artist's website https://kyivadventures.com/
" means any competent natural person, legal entity, individual entrepreneur, as well as the persons on whose behalf the Client, within the limits of the given powers, enters into the Agreement on the organisation of visiting the Exclusion Zone through the site https: //kyivadventures.com/ by the adoption of this Agreement.
" – a subject of entrepreneurial activity, an individual entrepreneur who provides services for organizing visits to the Chernobyl exclusion zone and other tourist services.
" is a properly executed application, and for receiving Services addressed To The Executor.
3.SUBJECT OF THE AGREEMENT
3.1. The Contractor undertakes, in accordance with the conditions and in accordance with the procedure specified in this document, to provide the Services for the organization of visits to the Chernobyl Exclusion Zone and the Zone of unconditional (mandatory) eviction and other tourist services, and undertakes, in accordance with the conditions and in accordance with the procedure specified in this document, Accept and provide the ordered Services.
3.2. The Client agrees to process his personal data and transfer them to third parties involved in organizing tourist services.
3.3. The Client and Contractor confirm that This Agreement is not a fictitious or fraudulent transaction or transaction under pressure or deception.
3.4. The executor confirms that he has the right to carry out activities in the sphere of tourism in accordance with the requirements of the current legislation of Ukraine.
3.5. The term of processing Of The Order By The Executor is from 1 (one) to 3 (three) working days from the moment of its registration.
4. THE RIGHTS AND DUTIES OF THE EXECUTOR
4.1. The Contractor engages:
- follow with the conditions of this Agreement;
- to provide High-quality services to The Client;
- to inform The Client objectively about The Services and terms of their provision on the site https://kyivadventures.com/;
- to give The Client the permits necessary for visiting the Chernobyl exclusion zone, namely;
- to inform The Client about the rules of visiting the Chernobyl exclusion zone and the zone of unconditional (mandatory) eviction;
- provide The Customer with information on the requirements for the issuance of permits and the date of their receipt.
4.2. The executor has the right:
5.1. The Customer shall:
- Transfer the right to organize travel services to other persons without notice To The Customer.
- unilaterally suspend the provision of services under this Agreement in the event of breach By The Customer of the terms of this Agreement;
- other rights in accordance with the current legislation of Ukraine and this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
- to pay for the Services without undue delay and to receive the order in accordance with the terms of this Agreement;
- to read information about Services placed on the site Of The Executor;
- to arrive at the meeting point on time;
- when ordering services to visit the exclusion zone and the zone of unconditional (mandatory) eviction, make sure that 18 years of age on the day of the visit;
- when ordering services for visiting the exclusion zone and the zone of unconditional (mandatory) eviction in advance in any form (by e-mail or messenger) to inform about the date of visit and the period of stay in the exclusion zone and the zone of unconditional (mandatory) eviction;
- provide information on the group's personnel (surname, name in the original language, information on citizenship, id number and date of birth, other necessary data);
- to verify the accuracy and correctness of the information provided;
- to pay for the use of additional services in the places of residence and stay in full and on their own;
5.2. The customer has the right:
- place your order, which is indicated on the corresponding web page https://kyivadventures.com/;
- require The Contractor to provide Services in accordance with the terms of this Agreement;
6. THE COST OF THE SERVICE AND THE PROCEDURE OF SETTLEMENTS.
6.1. The price of each individual Service is determined By The Contractor and is indicated on the corresponding web page https://kyivadventures.com
6.2. The parties agree that the equivalent cost Of Services, as defined on the respective web-page https://kyivadventures.com/
in euros, US dollars and pounds sterling, is paid By The Client in UAH at the official exchange rate of UAH to the respective currency. Is established by the National Bank of Ukraine on the day of the Contractor's invoicing of the respective service account.
6.3. All applications not paid within 5 days will be canceled By The Contractor. The date of payment shall be the date of the deposit of funds into the account Of The Contractor.
6.4. In case of cancellation of the service By The Client 72 or more hours before the start of the chosen service, the prepayment is returned To The Full extent by The Contractor. The selected service start time is 7.00 a.m. Kyiv time on the selected date by the client in the corresponding section of the site https://kyivadventures.com/
6.5. In case of cancellation of the service By The Client less than 72 hours before the start of the chosen service, the prepayment is not returned By The Executor. The chosen service start time is considered to be 7.00 a.m. Kyiv time on the chosen date by the client in the corresponding section of the site https://kyivadventures.com/
6.6. In case of cancellation of a visit by individual members of the group when ordering a personal trip less than 72 hours before the start of the selected service, the tour price is not recalculated By The Executor. The selected service start time is 7.00 a.m. Kyiv time on the selected date by the client in the corresponding section of the site https://kyivadventures.com/
6.7. In case of untimely arrival of the Client to the place of meeting or arrival in a state of hangover or intoxication, the prepayment is not returned by the Contractor, and the visit is canceled.
6.8. Commission for the transfer of funds is paid by the Client.
6.9. The Contractor will refund 50% of the order in case of force majeure on the day of the trip, such as extreme weather conditions, forest fires and decisions of institutions and organizations operating in the exclusion zone and the unconditional resettlement zone.
6.10. The Contractor does not reimburse expenses for accommodation, flights and other associated expenses not directly related to the provision of services.
6.11. Payment for the Services is carried out:
6.11.1. 100% or partial payment by transferring funds to the Contractor's current account on the basis of the invoice issued by the Contractor.
6.11.2. In case of partial payment, the rest of the payment is made on the day of the tour before the trip in cash or by card (+% of the Bank's commission is paid by the Client)
6.11.3. Prepayment or payment for services is carried out using the PayPal or Visa / Mastercard payment system using the fondy.ua online payment service.
6.13. The Client can find out from the Contractor all issues arising in the process of payment and receipt of the Services using the contact information specified on the website https://kyivadventures.com
7. RESPONSIBILITY OF THE PARTIES AND THE SETTLEMENT OF DISPUTES
7.1. The Parties shall be liable for failure to fulfill or improper performance of their obligations under this Agreement in accordance with the current legislation of Ukraine.
7.2. All disputes arising from or related to it shall be resolved by negotiation between the Parties.
7.3. If the dispute cannot be resolved by negotiation, it must be resolved by judicial means.
8. FORCE MAJEURE
8.1. The Parties shall be relieved of liability for non-performance or improper performance of the obligations provided for in this provision if it has occurred as a result of force majeure (circumstances of force majeure).
8.2. Force majeure shall mean any circumstances that arise out of the will or against the will of the Parties and which cannot be foreseen or avoided, including: Hostilities, civil strife, epidemics, blockades, earthquakes, floods, fires, and decisions or orders, governmental bodies and the Government of the State of which the resident is, or States, The Contractor shall be the resident of which, as a result of which the Parties (or one of the Parties) shall be subject to additional obligations or additional restrictions and which make it impossible to continue the full or partial implementation of this Agreement, as well as other actions or events that exist outside the will of the Parties.
9.1. The confirmation of the conclusion of this Agreement is full or partial payment of services.
9.2. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient for the conclusion and performance of this Treaty in accordance with its terms.
9.3. One-sided modification of the terms of the Agreement by the Customer or refusal to comply with the terms of the Agreement by the Customer shall not be permitted except as provided in this Agreement.
9.4. The executor confirms that he is a taxpayer in the amount of 5% (Group III) at the rate stipulated by The Tax Code of Ukraine.
9.5. The information provided By The Customer is confidential. Customer information is used solely for the purpose of fulfilling the Customer's Order.
9.6. The Contractor does not responsible for the content and reliability of the information provided By The Customer during the execution Of The Order.
9.7. The Parties undertake to keep confidential information obtained as a result of the performance of this Agreement, except where it is authorized in writing by another Party or required by governmental authorities in accordance with the applicable law. The guilty party is responsible for the disclosure of confidential information in accordance with the applicable law.