Service agreement on excursion service

Individual entrepreneur Shapovalova Olena Oleksiivna, record number in the Unified State Register of Legal Entities and Individual Entrepreneurs №20730000000042043 from 12.10.2017) publicly offers to an unlimited number of persons (hereinafter – the Customers) to receive excursion services on the terms specified in this Agreement.

This Agreement is public in accordance with Art. 633, 641 of the Civil Code of Ukraine and its terms are the same for all Customers, unconditional acceptance of the terms of which are considered acceptance of this offer by the Customer (s), for which the Contractor publishes this Agreement on the following:

1. TERMS

1. Public contract Is a transaction on the provision and receipt of excursion services, which establishes the same conditions for all customers to provide these services on the terms of a public offer from the moment of its acceptance by the Customer (hereinafter – the “Agreement”).
2. Public offer – the Contractor’s proposal, addressed to any natural person in accordance with Article 641 of the Civil Code of Ukraine, to enter into an agreement with him, contained in the public and offer.
   The public offer may be withdrawn by the Contractor at any time prior to its acceptance.
3. Acceptance – providing the Customer with a full and unconditional response to the Contractor to its proposal to enter into the Agreement on the terms specified in the public offer by paying for services, and is a confirmation that the Customer has read and agreed to the terms of this Agreement.
   Full and unconditional acceptance of the offer is the implementation by the Customer of actions to fulfill the terms of the Agreement specified in the offer, including making full or partial payment under the Agreement.
4. The Agreement is considered concluded without its further signing by the Customer from the moment of receipt by the Contractor of full and / or partial payment by the Customer of the ordered Services or performance of other actions provided by the Agreement, testifying to the Customer’s consent
5. Each Party guarantees to the other Party that it has the necessary capacity, as well as all the rights and powers necessary and sufficient for the conclusion and implementation of this Agreement in accordance with its terms.
6. If the Customer does not agree with the terms of the Agreement, he has no right to enter into this Agreement. Accordingly, the Customer who made the Acceptance confirms his acquaintance and agreement with all the terms of this Agreement.
7. The Contractor independently determines the terms of the Agreement in accordance with and in compliance with the requirements of the current legislation of Ukraine. The Contractor has the right to change the terms of the Agreement with mandatory notification of the Customer on the Contractor’s Web pages. In case of disagreement of the Customer with the changes made to the Agreement, this Customer has the right to terminate the Agreement within 7 (seven) calendar days from the date when he learned or could learn about the changes made to the Agreement. Failure of the Customer to terminate the Agreement within the specified period and the continued use of the Services indicates the Customer’s consent to the changes made to the Agreement.
8. Customer– any able-bodied natural person who has reached the age of 18 (eighteen) has the legal right to enter into a contractual relationship with the Contractor who has accepted the Service through the Contractor’s website.
9. Side – Customer or Contractor depending on the context.
10. Parties – Customer and Contractor.
11. Artist’s web page – Artist’s site, available at the link http://panukraine.tap-it.tech on which the public offer of the Contractor is placed and the right to the Customer to accept the public offer of the Contractor is given.
12. Ticket – a document issued by the Contractor to fulfill the conditions specified in this Agreement, which indicates the number of persons entitled to receive the Services in accordance with the public offer accepted by the Customer on the Contractor’s Website, type and subject of excursion service, date of services, place and collection time, cost of Services and other conditions (if necessary).

2. SCOPE OF THE CONTRACT

1. The Contractor in the manner and under the conditions specified in this Agreement undertakes to provide the Customer with excursion services (hereinafter – the Services) on the terms specified in the public offer, and the Customer timely and in full to pay and accept services in accordance with the invoice provided The performer.
2. Date of provision of Services, type and subject of excursion service, cost and payment procedure, duration of provision of Services, minimum number of persons in the group (if group Services are provided) and terms of informing the Customer that Services will not be provided due to group shortage, the qualification of the guide and other conditions are determined by the Contractor in the public offer.
3. By concluding this contract, the Customer confirms that he will purchase services from the Contractor exclusively for personal, household and other needs not related to business activities.

3. PAYMENT FOR SERVICES

1. The Services are provided by the Contractor upon prepayment for the services accepted by the Customer.
2. Before accepting and paying for services on the Website, the Customer must read the terms of the Services (including, but not limited to: type and subject of excursion services, date, duration, total duration of Services, time and place of collection), payment procedure, place of provision Services, duration of Services, requirements set for certain types of excursions (availability of identity document, personal insurance, special clothing and / or footwear, special equipment, etc.).
3. Payment for the Services is made on the Contractor’s Website by paying the invoice generated on the Contractor’s Website on the basis of the Services accepted by the Customer.
4. Payment is considered made at the time of its crediting to the current account of the Contractor.
5. After payment for the Services, the Website system gives the Customer the right to print a ticket with the details of the services.

4. RIGHTS AND DUTIES

1. The customer undertakes:
   1. Timely and in full to pay for the Services under this Agreement;
   2. Timely accept the provided Services and sign the Act of provided
   3. Provide the Contractor with the information necessary for the provision of Services under this Agreement.
   4. Arrive at the time and place to receive the Services specified in the Ticket.
   5. Provide the Contractor with the telephone numbers required for prompt communication with customer of Services.
   6. After payment for the Services, inspect the Ticket and notify the Contractor without delay of any deficiencies. In the absence of such requests, the Ticket provided by the Contractor shall be recognized by the Parties as having been duly formed.
   7. Adhere to the rules of conduct during the provision of Services, respect the social system, customs, traditions, religious norms, as well as adhere to generally accepted moral norms.
   8. Adhere to personal safety rules when providing Services.
   9. Treat the property of third parties with due care and diligence, comply with the rules established by third parties for the use of such property, do not damage the property of third parties.
   10. Immediately inform the Contractor of non-provision or improper provision services.
   11. In cases of receiving Services on the terms of group service, exactly and strictly follow the program, follow the decisions of the group leader (guide / guide) on all issues of organization and movement of the group.
2. THE CUSTOMER HAS THE RIGHT:
   1. Receive information in accordance with the requirements of the Law of Ukraine “On Tourism”, the Law of Ukraine “On Consumer Protection” and the provisions of this Agreement.
   2. Use the accepted and paid Service in accordance with the terms of this Agreement.
   3. Refuse to perform this Agreement on condition that the Contractor pays the costs actually incurred by them under this Agreement.
3. THE CONTRACTOR UNDERTAKES:
   1. Provide the Customer with all necessary information regarding the accepted services;
   2. Notify the Customer about the circumstances that prevent the provision of Services;
   3. Assist in protecting the interests of the Customer in case of non-provision or improper provision of services through the fault of third parties (contracting companies);
   4. Inform The customer electronic            by mail      or      by phone        in   case inability to provide services due to circumstances beyond the control of the Contractor;
   5. Prior to the date of commencement of the Services, provide the Customer with complete and timely information provided for in Art. 19-1 of the Law of Ukraine “On Tourism”, in particular:
      1. types and topics of excursion service, the order of meetings and farewells, support of the Customer;
      2. date and time of beginning and end of Services, their duration;
      3. data about  minimal           number        Customers        in   group,    terms informing the Customer that the Service will not be provided due to lack of group;
      4. the current price of the Services and the procedure for payment;
      5. information about the Contractor and other organizations authorized to accept the Customer’s claims;
      6. information on the rules of conduct and the rules of stay during the provision services;
      7. medical reservation, in ago number contraindication by certain diseases, features of physical condition and age of Customers for receiving Services under this Agreement;
      8. the amount of financial security of the Contractor in case of its insolvency or bankruptcy, information about the bank or other credit institution that provided such security;
      9. that the cost of services under this Agreement may be changed by the Contractor to increase it no later than 20 days before the provision of Services within 5% of the total cost of services under this Agreement;
      10. other mandatory information provided by the Law of Ukraine “On Tourism”, other regulations.
   6. Promptly notify the Customer of all changes that the Parties were guided by when concluding the Agreement, including the Customer’s acceptance of the Contractor’s offer, which occurred due to a significant change in circumstances from which the Parties withdrew at the conclusion of this Agreement or due to force majeure. Significant changes in circumstances include: an unforeseen increase in transport tariffs; introduction of new or increase of current rates of taxes and fees and other obligatory payments; a sharp change in the exchange rate of national currencies; other grounds, by agreement of the parties.
   7. Properly perform other duties under this Agreement.
4. THE CONTRACTOR HAS THE RIGHT:
   1. Refuse unilaterally to perform the Agreement in case of violation by the Customer of the payment procedure established by the Agreement, for non-appearance or lateness of the Customer at the established place and time of collection, as well as in cases of failure or late provision by the Customer of information and documents obligations established by this Agreement with the application of the consequences established by this Agreement.
   2. Refuse to provide Services due to group shortage (if group Services are provided). In this case, the Contractor shall return to the Customer the cost of unprovided Services within 5 (five) working days from the date of receipt of the relevant application of the Customer indicating the details for the transfer of the cost of Services.
   3. Refuse to provide Services due to the impossibility of providing them for reasons beyond the control of the Contractor (adverse weather conditions, decisions of authorized bodies, strikes, revolutions, military actions, declared and undeclared war, terrorist acts, illegal actions / inaction / decisions competent state bodies of Ukraine, illegal actions of third parties, non-performance of the contract by third parties, etc.). In this case, the Contractor shall return to the Customer the cost of non-provided Services (excluding actual costs incurred) within 5 (five) working days from the date of receipt of the relevant application of the Customer with details for the cost of Services.
   4. If, after acceptance by the Customer of the public offer, the Contractor is unable to provide the Services on the terms agreed by the Parties, the latter has the right to take alternative measures without imposing additional costs on the Customer, and if necessary – reimburse the difference between the cost of Services , and the Services accepted by the Customer. If the Customer has consumed the alternatively offered Services by the Contractor, this indicates the consent of the Customer with the alternative Services (measures) offered by the Contractor.

5. RESPONSIBILITIES OF THE PARTIES

1. In case of breach of their obligations under this Agreement, the Parties shall bear the responsibility determined by this Agreement and in accordance with the legislation of Ukraine. Violation of the obligation is its non-performance or improper performance, ie performance in violation of the conditions specified in the content of the obligation.
2. The Contractor is not liable to the Customer and does not refund the cost of services and does not compensate for non-pecuniary damage for:
   1. failure to provide Services due to late, incomplete or incorrect payment for services by the Customer;
   2. erroneous information (false information) specified by the Customer when placing an order through the Website, including erroneous information about the persons for whom the Customer orders the Services;
   3. failure of the Customer to provide persons for whom the Customer orders complete and reliable information on the Services provided by this agreement and legislation in the field of consumer protection and tourism activities;
   4. for non-appearance or delay of the Customer in the established place and time of collection;
   5. for non-compliance by the Customer with the established Rules of stay during the provision of Services and for damages caused by the Customer to third parties. In this case, the Customer is independently liable and compensates for damages and / or damage;
   6. losses incurred by third parties to the Customer during the provision of Services;
   7. storage of luggage and / or things of the Customer;
   8. damage caused to the health, property, luggage of the Customer by third parties during the provision of Services;
   9. Inability of the Customer to use the ordered services due to law and order, causing harm (concern) to the environment, including as a result of the Customer’s intoxication or violation of other rules of conduct in public places;
   10. non-use by the Customer of the Services on its own initiative or fault, including due to illness.
3. The Customer has the right to refuse to receive the services before the date of their provision by the Contractor, reimbursing the costs already incurred by the Contractor at the time of refusal of the Services, in the following amount:
   1. in case of refusal 3 (three) days before the date of the beginning of the Services – in the amount of 50% of the cost of the Services;
   2. for 2 (two) days or less before the date of the beginning of the Services – in the amount of 100% of the cost of the Services;
      If the amount of the Contractor’s expenses exceeds the amount specified in clause 5.3. The Customer is obliged to reimburse the Contractor for the actual costs incurred.
4. The Parties shall not be liable for non-performance or improper performance of their obligations under the Agreement if such non-performance is caused by force majeure circumstances. Circumstances of force majeure in this Agreement should be understood as natural disasters (floods, volcanic eruptions, earthquakes, etc.), strikes, revolutions, military actions, declared and undeclared war, terrorist acts, illegal actions / inaction / decisions of the competent state bodies of Ukraine. and the Host Country, illegal actions of third parties, non-performance of the contract by third parties, as well as other circumstances (and their consequences) that caused the Contractor (its counterparties) not to comply with the terms of this Agreement, provided that these circumstances could not be eliminated by the parties. by their will and could not be directly provided by them at the conclusion of this Agreement. Side, which is unable to fulfill its obligations under the Agreement, must inform the other party in writing within 24 hours. However, force majeure is not a ground for termination of the Agreement and non-performance of monetary obligations under this Agreement. The parties shall confirm the effect of force majeure by a document issued by the competent state body.
5. The Contractor shall not be liable in the event that the Customer is unable to use the booked Services (in whole or in part) due to adverse weather conditions.
6. In case of non-provision (delay in provision) by the Contractor of all or part of the services, the Contractor shall pay the Customer a penalty of 0.01% of the cost of non-provision of services for each day of delay in providing relevant services, but in any case not more than 500 (five hundred) UAH. Penalty under this Agreement is exclusive.
7. The Contractor shall not be liable for reimbursement of the Customer’s expenses for paid Services, if the Customer at its own discretion or in connection with other circumstances beyond the competence of the Contractor has not used all or part of the offered and paid services.
8. The Contractor shall not be liable for non-compliance of the provided Services with the expectations of the Customer and / or for dissatisfaction with the provided services, as the imagination of each individual is personal and subjective and may not meet generally accepted standards, including those approved by law.
9. In case of incurrence by the Contractor related to violation by the Customer of the legislation and other rules in the place of stay, the Customer is obliged to compensate such losses in full.

6. DISPUTE SETTLEMENT PROCEDURE

1. If there are any comments on the quality of services, the Customer must immediately contact the Contractor.
2. In case of failure to resolve the problem situation on the spot, claims to the quality of Services are submitted by the Customer in writing within 7 days from the date of provision of Services. The claim must indicate: surname, name and patronymic of the Customer; type and subject of excursion service, date of ordering and rendering of Services, surname, name and patronymic of the guide (guide-translator); information on the circumstances (facts) and evidence of the presence of significant deficiencies in the service, including significant violations of the requirements for the quality of services, the amount of money to be paid to the Customer as compensation for damages. Copies of the documents confirming the circumstances specified by the Customer in the claim, the real losses incurred by the Customer are attached to the claim.
3. If the Customer has used an alternative service offered to him instead of the one that for one reason or another could not be provided, the Contractor’s obligations under this Agreement shall be deemed fulfilled in full and properly.
4. In the event of a dispute under the Agreement between the Customer and the Contractor, the Parties will make every effort to resolve the conflict through negotiations.
5. In case of disagreement as a result of negotiations, the dispute is resolved in court at the location of the Contractor.

7. MISCELLANEOUS

1. This Agreement shall enter into force on the date of its placement on the Contractor’s Website. The Agreement shall be terminated by the Parties fulfilling their obligations in accordance with its terms or by mutual consent of the Parties.
2. If any provision of the Agreement, including any proposal, clause or part, is found to be unlawful or invalid, it shall not affect other non-statutory provisions, they shall remain in full force and effect. . In turn, any invalid provision, or provision that cannot be enforced without further action by the Parties, shall be deemed amended, corrected to the extent necessary to ensure its validity and enforceability.
3. The Customer agrees to use (process) personal data provided under the Agreement in order to ensure the implementation of tax, business relations (including in order to receive advertising notices by the Customer about the Services provided by the Contractor), relations in the field of accounting, and in accordance with the Law Of Ukraine “On personal data protection” № 2297-VI dated 01.06.2010.
4. The Contractor is not responsible for the receipt, storage, processing, use and disclosure of personal data of the Customer to third parties who are not under the control of the Contractor. The Contractor is not responsible for the receipt, storage, processing, use and disclosure of personal data of the Customer by individuals who are not employees of the Contractor, even if the Customer has gained access to the sites, goods or services of these persons through the Contractor or mailing.
5. The Contractor receives and has the right to use such information, including personal data of the Customer (persons for whom the Customer orders Services): name, surname, patronymic, telephone number, e-mail address.
6. The Contractor does not retain the following information about the Customer: credit card information (type and number of credit card, CVC-code, expiration date, name of the cardholder), other confidential information and / or data.
7. The Contractor has the right to unilaterally amend this Agreement, including by approving a new version of the Agreement, subject to the publication of information about changes in the manner prescribed by paragraph 1.7 of the Agreement.
8. Amendments to the Agreement shall enter into force on the day following the publication by the Contractor of information on these changes.
9. The Contractor shall not be liable in any case if the information on the change of the Contract, published in the manner and within the time limits established by this Contract, has not been received and / or studied and / or correctly understood by the Customer.

DETAILS AND SIGNATURE OF THE CONTRACTOR

Individual entrepreneur

Shapovalova Elena Alekseevna 

Address: st. Cannon, was. 21/30, apt. 16,

Kyiv, Ukraine, 03067

RNOKPP (USR code) 2521205449

Single tax payer group 3, rate 5%

Bank details:

UA973052990000026007026225274

JSC CB “Privatbank”