PUBLIC CONTRACT
on the provision of leisure services
The individual entrepreneur Taras Shevchenko, guided by Art. 633 of the Civil Code of Ukraine, offers an unlimited number of consumers to receive leisure services in accordance with the terms of this Agreement.
This agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers of these services, regardless of their status, citizenship, place of residence, language of communication, etc., without providing advantages to one consumer over another.
1. DEFINITION OF TERMS
1.1. The contract is an agreement between the Contractor and the Consumer of services, establishing the conditions for the provision of services to ensure the leisure of such a Consumer with the help of the Audioguide.
1.2. The Contractor is an individual entrepreneur Taras Shevchenko, whose entrepreneurial activity fully complies with the conditions for doing business in Ukraine for the provision of services to ensure the leisure of people.
1.3. The consumer is any person, regardless of citizenship, religious affiliation, social status, place of residence, language of communication, etc., who turns to the Contractor to receive services to ensure his leisure.
1.4. Services are services for ensuring the consumer's leisure with the help of the Audio Guide, presented on the web portal, which, in particular, include the organization of visits by the Consumer to an object of history, architecture, culture or religion (excursions) according to the last selected Program, as well as other benefits specified in this Agreement and included in the cost of services.
Services under this Agreement are not excursion services in the meaning of the Law of Ukraine "On Tourism".
1.5. The public offer is a public official proposal of the Contractor, set out on the web portal, addressed to an unlimited number of consumer persons, to conclude a Public Agreement with the Contractor remotely on the conditions specified in this Agreement.
1.6. The moment of conclusion of the Agreement is the moment of ordering the Contractor's services on the web portal by clicking the "Add / Order" button and receiving the confirmation of the Order from the Contractor by the Consumer in accordance with clause 1.10 of this Agreement.
1.7. The Audio Guide is a software application on the smartphone model X-TREME PQ36 or X-TREME PQ24, which provides audio support for the implementation of the Program in one of the following languages: Ukrainian, Russian, Turkish, English, Polish, German, French, Spanish, Dutch, Chinese , Arabic. The Smartphone of the specified model is issued to the Consumer by the Group Manager before the provision of the Services.
1.8. The program is a plan for the consumer's leisure time formed by the Contractor within one calendar day, indicated on the web portal, which without fail includes visiting at least one monument of history, architecture, culture or religion (excursion) on the territory of the city of Kiev.
1.9. The group leader is a hired employee of the Contractor who accompanies the Consumer from the beginning of the provision of the Services in accordance with the Order to the completion of the provision of the Services in accordance with the specified Program, ensures the implementation of the Program, provides advisory support to the Consumer in the provision of the Services.
The group guide is not a guide, he does not provide the Consumer with comments regarding the object of history, architecture, culture or religion (excursion) during the provision of the Services.
1.10. An order is a confirmation of acceptance of the Consumer's order for the provision of services by the Contractor, which the Consumer receives in the form of an SMS / e-mail message to the mobile phone number or email address specified by the Consumer. The order must contain the following information: the name of the Program chosen by the Consumer, the date of the provision of the Services, the booking number, the amount of payment and other information specified by the Contractor.
1.11. A carrier is a business entity represented by a vehicle driver who ensures the movement (transportation) of the Consumer when providing the Services. The Contractor guarantees to the Consumer the fact of his joint activity with the Carrier, with the corresponding guarantees of the Carrier for the timely provision of the Contractor with a vehicle for the latter to properly provide the Services under this Agreement, as well as to ensure the safe movement (transportation) of the Consumer when providing these Services.
1.12. A vehicle is a bus owned by the Carrier on an appropriate legal basis, with the help of which the Contractor provides the Services to the Consumer under this Agreement.
1.13. The web portal is a web page https://excursions.kiev.travel/ (or https://kiev.travel/), which contains comprehensive information about the program, in particular: a list of monuments of history, architecture, culture or religion ( excursions), a visit to which can be provided by the Contractor in the manner prescribed by this Agreement, the cost of the Program, the duration of the provision of the Service and other conditions.
1.14. The Rules of Conduct for the Consumer when providing the Services (hereinafter referred to as the Rules) are the rules that are posted on the web portal and must be followed by the Consumer when providing the Services by the Contractor. The Rules are an integral part of this Agreement, that is, at the time of the conclusion of the Agreement, it is presumed that the Consumer is familiar with and agrees with both the text of this Agreement and the text of the Rules annexed to the Agreement.
1.15. The compensatory cost of the Audioguide is the cost of the Audioguide in the amount equivalent to 150 (one hundred and fifty) euros 00 euro cents in accordance with the euro per hryvnia exchange rate established by the National Bank of Ukraine on the date of payment by the Consumer of the compensatory cost of the Audioguide in the case provided for in this Agreement.
1.16. The security deposit of the Audioguide is the cost of the Audioguide in the amount of the equivalent of 150 (one hundred and fifty) euros 00 eurocents in accordance with the sale rate of euros for hryvnia established by the National Bank of Ukraine as of the date of this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to organize and provide the Services to the Consumer for a fee in the manner determined by this Agreement, and the Consumer is obliged to pay for the provision of such Services and accept them.
2.2. For the Consumer, the terms of the Agreement are binding from the moment the Agreement is concluded, which means that the Consumer confirms the fact of familiarization and agreement with all the terms of the Agreement, and also undertakes to fulfill them regardless of the presence / absence of the personal signature of the Contractor / Consumer in the Order.
2.3. The Agreement is concluded by joining the Consumer to the Agreement proposed by the Contractor and accepting all its essential conditions without signing a written copy and is legally binding in accordance with the provisions of Art. 633, 634 of the Civil Code of Ukraine. The consumer is not entitled to offer his own terms of the Agreement.
3. PROCEDURE FOR PERFORMANCE OF THE CONTRACT
3.1. To provide services under this Agreement, the Consumer chooses the Program for leisure activities, based on the available information specified on the web portal.
3.2. If the Program is selected, the Consumer presses the «Add / Order » button, after which he enters his personal data, as well as other information specified by the Contractor in the order form.
3.3. After entering the information specified in clause 3.2 of the Agreement, the confirmation of the Order is sent to the mobile phone number or e-mail indicated by the Consumer. At the same time, the Order form provides an opportunity for the Consumer to pay for the cost of services using the Platon payment system. If the Consumer refuses to use the payment option through the Platon payment system, the Consumer has the right to pay the Contractor in one of the ways specified in clause 5.5 of the Agreement, but within the time period specified in clause 5.4 of this Agreement.
3.4. The consumer arrives at the place of commencement of the provision of the Services no later than 15 minutes before the specified time in accordance with the terms of the Rules.
3.5. When boarding a vehicle, the Consumer is registered with the Group Manager by providing information: surname, name, booking number specified in the Order. In turn, the Group Manager shows the Consumer his place in the vehicle, which is retained by the Consumer during the provision of the Services.
3.6. Disembarkation of the Consumer is carried out by the Contractor at the end of the provision of the Services at the place where they begin, unless otherwise agreed between the Parties.
3.7. When disembarking, the Consumer returns the Audioguide to the Group Guide in good condition.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Obligations of the Contractor:
4.1.1. Provide the Services in a quality and timely manner in accordance with the terms of this Agreement and the Program selected by the Consumer.
4.1.2. Return the amount of money paid to the Consumer in the event of a force majeure event under this Agreement or in other cases determined by this Agreement, in a manner similar to the way the Consumer pays for the Contractor's Services.
4.1.3. Ensure the safety of personal data of the Consumer in accordance with the requirements of the Law of Ukraine «On the Protection of Personal Data ».
4.1.4. Provide the Consumer with the contact information of the Group Leader, in particular, his last name, first name, patronymic and telephone number, before the provision of the Services in any way convenient for both Parties.
4.1.5. Return the collateral value of the Audioguide to the Consumer in the event that the Consumer returns the Audioguide after the Provider has provided the Services in good condition, similar to the state in which the Provider handed it over to the Consumer before the provision of the Services began.
4.2. Obligations of the Consumer:
4.2.1. Pay for the provision of the Services by the Contractor on time and in the manner established by this Agreement.
4.2.2. Ensure the safety of the Audio Guide when providing the Services by the Contractor.
4.2.3. Take care of the property of the Contractor, as well as the vehicle when providing the Services.
4.2.4. In case of being late to the place of provision of the Services at the agreed time, independently arrive at the location of the vehicle without requiring material compensation from the Contractor for the costs incurred.
4.2.5. By the time of the conclusion of the Agreement, familiarize yourself with its terms and conditions on the web portal.
4.3. Contractor's rights:
4.3.1. Receive payment for the provision of the Services in the manner specified in this Agreement.
4.3.2. Refuse to provide the Services in case of non-receipt of payment for the provision of the Services on the basis of the Order made by the Consumer.
4.3.3. Change the route of the vehicle within the declared Program and/or change the time of visiting the place specified by the Program within the calendar day according to the Order.
4.3.4. Change the cost of providing the Services before the Customer places an Order.
4.3.5. Engage third parties for the proper provision of the Services under this Agreement on an appropriate legal basis.
4.3.6. To independently choose the Carrier to ensure the transportation of the Consumer when providing the Services.
4.3.7. To independently choose the filling of the lunch for its consumption by the Consumer during the lunch break during the calendar day of the provision of the Services if the Consumer chooses to provide such a service.
4.3.8. In the absence of the Consumer at the place where the provision of the Services begins, independently dispose of the funds paid by the latter for the provision of the Services by the Contractor.
4.3.9. In cases independently determined by the Contractor, to demand payment by the Consumer of the collateral value of the Audioguide in the manner determined by the legislation of Ukraine, prior to the commencement of the provision of the Services under this Agreement.
4.4. Consumer rights:
4.4.1. To return the amount of money paid by the Consumer for the provision of the Services in the event of a force majeure circumstance in accordance with clause 7.2 or clause 7.6 of this Agreement or in the event of the Contractor's refusal to provide the Services in the manner specified in this Agreement.
4.4.2. Order lunch from the Contractor for its consumption during the provision of the Services at a specially designated time for meals, no later than 16 hours before the start of the provision of the Services.
4.4.3. For a lunch break at a specially designated time, announced by the Group Manager at the beginning of the provision of the Services.
4.4.4. To meet physical needs in the provision of the Services in a specially designated place.
4.4.5. To receive the Services in accordance with the terms of this Agreement and in accordance with the Order.
4.4.6. To withdraw from the Agreement before the start of the provision of the Services. In this case, the prepayment of the cost of the Services is not refunded to the Consumer, only on the basis of a justified reason for such a refusal, or in the event of the Consumer's refusal to pay the security deposit of the Audioguide to the Contractor in accordance with clause 4.3.9 of the Agreement.
5. PAYMENT AMOUNT AND PAYMENT PROCEDURE
5.1. The consumer pays for services according to the tariffs indicated on the web portal (hereinafter - the amount of payment).
5.2. The amount of payment to the Contractor depends on the Program chosen by the Consumer.
5.3. The payment includes the following:
5.3.1. The cost of an entrance ticket to a monument of history, architecture, culture or religion according to the Program chosen by the Consumer;
5.3.2. Use of the Audio Guide during the provision of the Services;
5.3.3. Consulting support from the Group Leader;
5.3.4. Provision of transportation services for the Consumer during the provision of the Services.
5.4. The consumer pays on a 100% prepayment basis based on the Order in the amount specified in the Order (payment amount).
5.5. The consumer makes payment in the national currency of Ukraine, hryvnia, by non-cash transfer of the amount of payment to the settlement account of the Contractor specified in the Order, or by settling with the latter in cash at the time specified in clause 5.4 of this Agreement.
5.6. The fact of payment by the Consumer is confirmed by a settlement document, which the Contractor issues to the Consumer and the form of which depends on the payment procedure chosen by the Consumer in accordance with clause 5.5 of the Agreement.
5.7. The amount of payment cannot be changed by either of the Parties after the moment of the conclusion of the Agreement.
6. RESPONSIBILITY OF THE PARTIES
6.1. The Contractor is liable to the Consumer for refusing to provide the Services (except for the cases specified in this Agreement) paid by the Consumer by refunding the money paid by the latter for the provision of the Services in a manner similar to the way the Consumer pays for the Contractor's services.
6.2. The Contractor is not responsible for the actions or omissions of the Carrier in the event of harm to the life and / or health and / or property of the Consumer who is in the vehicle during the provision of the Services. In the event of a claim or any other claim of the Consumer related to compensation for damage in accordance with this clause of the Agreement, the Consumer applies to the Carrier in accordance with the current legislation of Ukraine.
6.3. The consumer is financially responsible for the loss or damage to the Audioguide in the amount of the compensation (deposit) value specified in this Agreement, subject to the exception specified in this clause of the Agreement. At the same time, the Consumer undertakes to reimburse the Contractor (or the Group Guide) for the compensation cost of the Audio Guide immediately, at the place of detection of its loss or damage, in the manner established by the Contractor (Group Guide).
The Contractor, prior to the commencement of the provision of the Services, has the right to demand from the Consumer the payment of the security deposit of the Audioguide in the amount established by this Agreement. In this case, in the event that the Consumer loses the Audioguide or is damaged during the provision of the Services, the Contractor has the right to independently dispose of the specified amount of the security deposit in order to reimburse the compensatory cost of the Audioguide.
6.4. In the event that the Consumer causes property damage to the Carrier's vehicle, the Consumer shall personally compensate the Carrier for the actual damage caused in the documented amount.
6.5. The Contractor is not responsible for the loss (full or partial) of the Consumer's property during the provision of the Services, including in the event that the Consumer carelessly leaves this property in the vehicle.
7. CIRCUMSTANCES OF FORCE MAJEURE
7.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if they prove that such failure occurred due to force majeure circumstances (force majeure).
7.2. Circumstances of force majeure (force majeure) are extraordinary and inevitable circumstances that make it objectively impossible to fulfill the obligations provided for by the terms of this Agreement, obligations under legislative and other regulatory acts, namely: the threat of war, armed conflict or a serious threat of such a conflict, including, but not limited to hostile attacks, blockades, military embargo, actions of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, actions of a public enemy, indignation, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, mutiny, uprising, riots, curfews, expropriation, forced confiscation, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, unlawful actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the conditions of the relevant decisions and acts of state authorities, closure of sea straits, embargo, quarantine established by a decision of the Cabinet of Ministers of Ukraine, prohibition (restriction) of export / import, etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc..
7.3. A Party that has fallen under the force of force majeure and, as a result, found itself unable to fulfill its obligations under this Agreement, is obliged immediately, no later than 2 (two) calendar days from the moment of their occurrence, to send an electronic notification of this to any e-mail address available to such Party. of the other Party. Untimely notification of force majeure circumstances deprives the relevant Party of the right to refer to them, except in cases where force majeure circumstances prevented such notification.
7.4. The fact confirming the existence of force majeure circumstances is a certificate issued by the Chamber of Commerce and Industry of Ukraine or its authorized regional branch (or other competent authority).
7.5. If the circumstances specified in clause 7.2 of this Agreement, subject to their confirmation in accordance with clauses 7.4 - 7.5 of this Agreement, last more than 3 (three) calendar months, each of the Parties will have the right to initiate the termination of this Agreement. Of the contract.
7.6. The parties agreed that the force majeure circumstances in accordance with clause 7.2 of this Agreement cover the termination (full or partial) of access to any monument of history, architecture, culture or religion specified in the Program, about which the Contractor did not know or could not have known before provision of Services to the Consumer. In this case, a document confirming the occurrence of a force majeure circumstance in accordance with this clause of the Agreement is a written refusal of an authorized person of the relevant monument of history, architecture, culture or religion for access to the Contractor and / or the Consumer on the territory of such a monument of history, architecture, culture or religion, or a photograph of the announcement of the relevant content in a conspicuous place of the indicated monument of history, architecture, culture or religion.
8. ORDER OF RESOLUTION OF DISPUTES
8.1. All disputes and disagreements arising during the execution of the Agreement are resolved by the Parties through negotiations and in the procedure of pre-trial settlement of the dispute.
8.2. If the relevant dispute cannot be resolved through negotiations, it is resolved in court in accordance with the current legislation of Ukraine.
8.3. In the event of a claim for the quality of the provision of the Services by the Contractor, the Consumer sends a written claim to the Contractor within five calendar days from the date of completion of their provision. Missing the deadline for sending a claim is the basis for the Contractor's refusal to consider it. The claim is considered by the Contractor within ten calendar days in accordance with the current legislation of Ukraine. The Contractor informs the Consumer about the results of the consideration of the claim in the manner determined by the conditions of such a claim.
9. CONTRACT TIME
9.1. The terms of the Agreement are publicly communicated to all consumers by making it public on the web portal.
9.2. The Agreement enters into force at the time of its conclusion (clause 1.6 of the Agreement), regardless of the presence/absence of the Contractor / Consumer's signature in the Order, and is valid until the Parties fully fulfil their obligations under the Agreement.
10. FINAL PROVISIONS
10.1. The contractor is a single taxpayer in accordance with the Tax Code of Ukraine.
10.2. By sending his personal data on the web portal when placing an Order, the Consumer provides the Contractor with his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the period of validity of such consent.
10.3. The Contractor undertakes not to disclose the information received from the Consumer, only for the proper provision of the Services, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
10.4. The Contractor is not responsible for non-fulfillment or improper fulfillment of his obligations due to the irrelevance of the information about the Consumer specified by him before the start of the provision of services, or the inconsistency of its validity.
10.5. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, modification and termination of this Agreement, interpretation of its terms, determining the consequences of invalidity or violation of the Agreement, are governed by this Agreement and the relevant norms of the legislation in force in Ukraine, as well as the customs of business turnover applicable to such legal relations on the basis of the principles of good faith, reasonableness and fairness.
10.6. The parties agreed that the validity of this Agreement is not subject to legal regulation in accordance with the legislation on tourism of Ukraine.
