Public offer agreement
Individual entrepreneur Shenderovskyi Mykhailo, acting on the basis of an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations (hereinafter referred to as the Contractor), and an individual who has applied to the Contractor for passenger transportation services (hereinafter referred to as the Customer), hereinafter referred to as the Parties, and each individually as a Party, have entered into this Public Agreement for the provision of passenger transportation services (hereinafter referred to as the Agreement) as follows.
1. Terms and definitions
1.1. «Public Offer Agreement» means a public agreement, a sample of which is available on the «Za Kordon» Website.
1.2. Website «Za Kordon» means the Contractor's website, namely a set of web pages available on the Internet under the domain name www.zakordon.net.ua.
1.3. «Website Services» means the functionality of the Website for use by the Customers.
1.4. «Acceptance» means the Customer's full and unconditional consent to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties.
1.5. «Services» means a service or several services in the field of passenger transportation provided by the Contractor and specified in the relevant section of the Contractor's Website «Bus Tickets».
1.6. «Customer» means any legally capable individual, legal entity, individual entrepreneur who has visited the «Za Kordon» Website and accepted this Agreement.
1.7. «Contractor» means a business entity that provides services in the field of passenger transportation and whose details are specified in Section 10 of this Agreement.
2. Subject of the agreement
2.1. The Contractor - individual entrepreneur Shenderovskyi Mykhailo in the manner and on the terms specified in this Agreement undertakes to provide the Customer with services in the field of passenger transportation provided for by the Price List, which is posted on the website, on the basis of an oral or written request of the Customer, and the Customer undertakes to accept and pay for the services provided in the field of passenger transportation.
2.2. Passenger transportation services are provided in accordance with industry standards in the field of passenger transportation. The quality of the services provided must meet the requirements of Ukrainian legislation.
2.3. Passenger transportation services are provided in accordance with the Informed Voluntary Consent.
2.4. The Contractor guarantees that all information about the Customer containing confidential secrets will be used in accordance with the principles of observance of such secrets and in accordance with the requirements of the legislation of Ukraine and international law.
3. Rights and obligations of the parties
3.1. Rights of the Contractor:
3.1.1. To pay for services rendered.
3.1.2. Refuse to provide services if the Customer violates the terms of this Agreement.
3.1.3. To make photo and/or video recordings of the process of providing services and further use the impersonal results of such recordings for advertising, marketing, educational and other purposes that do not contradict the legislation of Ukraine.
3.1.4. Has the right to engage third parties to fulfil its obligations to provide the Services under this Agreement.
3.1.5. To amend the terms of the Offer and/or withdraw the Offer at any time at its sole discretion.
3.1.6. Other rights in accordance with the current legislation of Ukraine and this Agreement.
3.2. Duties of the Contractor:
3.2.1. Provide the Customer with services of appropriate quality in accordance with the procedure and on the terms and conditions specified in this Agreement.
3.2.2. Maintain and store documentation and reports in accordance with the requirements of Ukrainian legislation.
3.2.3. To keep confidential secrets in accordance with the provisions of the current legislation of Ukraine.
3.3. The rights of the Customer:
3.3.1. To receive passenger transportation services of the proper quality.
3.3.2. Receive reliable and complete information on routes, timetables and prices of carriers' flight lines.
3.3.3. For confidentiality of the order status, the fact of the request, as well as the information received during the order.
3.3.4. Receive accurate and complete information about the terms of provision, content and scope of services.
3.3.5. Place an Order for the Services specified on the relevant page of the Website «Bus Tickets».
3.3.6. Require the Contractor to provide the Services in accordance with the terms of this Agreement.
3.3.7. Other rights in accordance with the current legislation of Ukraine and this Agreement.
3.4. Responsibilities of the Customer:
3.4.1. Strictly follow the Contractor's oral or written instructions and recommendations.
3.4.2. Provide originals or copies of documents containing information necessary for the Contractor to provide services.
3.4.3. To get acquainted with the information about the Services available on the Contractor's website.
3.4.4. Pay the cost of services in accordance with the procedure and on the terms and conditions specified in this Agreement.
3.4.5. Arrive at the place of service provision on the date and time of service provision.
4. Procedure for providing and accepting services
4.1. Passenger transportation services are provided using the functionality of the «Za Kordon» website in the «Bus Tickets» section or by means of communication presented on the «Za Kordon» website in the «Contacts» section.
4.2. Prior to the commencement of the services, the Contractor shall orally agree with the Customer on the list and cost of all services to be provided.
4.3. Services are provided on the basis of ordering services in the field of passenger transportation.
5. Payment procedure for services
5.1. The total cost of the services shall be determined in accordance with the price of the services specified in the Price List at the time of receipt of the service. The Customer can get acquainted with the current Price List by phone or on the Contractor's website at the following link: www.zakordon.net.ua/bus-tickets.
5.2. Payment for the services provided is made online:
5.2.1. Online payment by the Customer through the "LiqPay" system.
5.2.2. The Customer shall make a non-cash payment to the Contractor's bank account.
5.2.3. By full prepayment on the «Za Kordon» website using a special form.
5.2.4. The time of payment for the Services shall be deemed the time of crediting funds to the current account of the Contractor.
5.2.5. The Customer shall independently and at its own expense pay the cost of third party services, if necessary to receive the Contractor's Services under this Agreement.
5.2.6. The Customer shall pay for the Contractor's Services on the basis of this Agreement in the national currency of Ukraine - UAH.
5.2.7. The right to choose the payment method shall belong to the Customer. The Contractor shall have the right to refuse the Customer to choose a payment method only in case of temporary technical impossibility of making payment by a certain method.
5.2.8. The Customer may receive a discount on the cost of the service, the amount of which is determined in accordance with the procedure established by the Contractor.
6. Responsibility of the parties
6.1. The Parties shall be liable for non-fulfilment or improper fulfilment of their obligations as defined by this Agreement and the current legislation of Ukraine.
6.2. A Party shall not be liable for breach of the Agreement if it occurred through no fault of its own.
6.3. A Party shall be deemed innocent and shall not be liable for breach of the Agreement if it proves that it has taken all measures in its power to ensure proper performance of this Agreement.
6.4. Neither Party shall be liable for the other Party's obligations to third parties, except as provided herein.
6.5. The Contractor shall not be liable to the Customer if the Customer: has not used the Contractor's services within the time limits specified by the Contractor on the relevant page of the «Za Kordon» Website and/or by e-mail and/or other means of telecommunication.
6.6. The Contractor shall not be liable to the Customer for any direct or indirect losses incurred due to: the inability to use the Service, the website resources and/or individual services of the Contractor; actions of any third party while receiving the Service.
6.7. The Contractor shall not be liable to the Customer for the results of the use of information materials by the Customer.
7. Force majeure
7.1. The Parties to this Agreement shall not be liable for non-fulfilment or improper fulfilment of the terms of this Agreement, damage or losses incurred (including for the inability to fulfil or delay in fulfilment of their obligations), if such are the result of force majeure.
7.2. The Parties understand Force Majeure to mean: epidemics, wars or armed conflicts, hostilities, terrorist attack, revolution, seizure of enterprises, strikes, accidents, fires, explosions, export and import restrictions, natural disasters, weather phenomena and conditions (earthquakes, landslides, floods, civil unrest, explosions, industrial accidents or disasters, malfunctions of machinery, vehicles, trucks or equipment, quarantine orders, changes to existing rules and regulations, introduction of a state of emergency, requirements and orders of state authorities, moratoriums and other acts and actions of state authorities, international institutions or organisations, unavailability of transport or cargo, failure of a supplier or manufacturer of goods (not being a Party), as well as other phenomena, events and circumstances beyond the control of the non-performing Party to this Agreement, if such Party could not and should not have foreseen their occurrence, and could not and should not have prevented or eliminated the effect or consequences of such circumstances by means at its disposal and in the circumstances prevailing for it.
8. Dispute resolution
8.1. All disputes and disagreements arising or to arise between the Parties in the course of performance of this Agreement shall be resolved through negotiations in accordance with the current legislation of Ukraine.
8.2. If the relevant dispute cannot be settled through negotiations, it shall be settled in court in accordance with the established jurisdiction and jurisdiction of such dispute, in accordance with the procedure provided for by the current legislation of Ukraine.
9. Validity of the Agreement and other terms and conditions
9.1. This Agreement is a public Agreement (public offer) in accordance with the provisions of Article 633 of the Civil Code of Ukraine and contains all the essential terms and conditions of the services specified in the Price List. The Offer is made and signed in one copy, which is kept by the Contractor. The Offer is posted on the Internet on the official website of «Za Kordon» and is available for free review. The acceptance of the terms of this Public Agreement (acceptance) is full and unconditional and means the Customer's consent to all the terms of the Agreement without exception and addition, and also indicates that the Customer understands the significance of his actions, all the terms of the Agreement are clear to him, the Customer is not under the influence of error, fraud, violence, threats, etc. Each Party warrants to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to conclude and perform this Agreement in accordance with its terms.
9.2. Unilateral change of the terms of the Agreement by the Customer or refusal to fulfil the terms of the Agreement by the Customer shall be unacceptable, except as provided herein. Neither Party to this Agreement shall have the right to transfer its rights and obligations to third parties without the consent of the other Party.
9.3. The information provided by the Customer is confidential. The information about the Customer shall be used solely for the purpose of executing its Order. The Parties undertake to keep confidential information received as a result of the execution of this Agreement, except when it is authorised in writing by the other Party or required by government authorities in accordance with applicable law. The guilty Party shall be liable for disclosure of confidential information in accordance with applicable law.
9.4. By accepting the Agreement, the Customer confirms that he/she has been notified of the inclusion of his/her personal data in the personal data base owned by the Contractor for the purpose of processing the personal data specified in this clause, as well as of his/her rights specified in Article 8 of the Law of Ukraine "On Personal Data Protection". The Customer voluntarily agrees to the collection and processing of their personal data for the following purposes: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of Services, obtaining information about the Order, sending advertising and special offers, information about promotions or any other information about the activities of the Contractor by telecommunication means (e-mail, mobile communication). For the purposes provided for in this clause, the Customer has the right to send letters, messages and materials to the Customer's postal address, e-mail, as well as send SMS messages, make calls to the telephone number specified in the Order and/or the questionnaire.
9.5. The Contractor is not responsible for the content and accuracy of the information provided by the Customer when placing the Order. The Customer is responsible for the accuracy of the information provided when placing the Order.
9.6. The Customer, having orally or in writing applied to the Contractor for services, accepts all the terms and conditions of this Agreement, and the date of the first application by agreement of the Parties shall be deemed the date of conclusion of this Agreement.
9.7. An additional proof of the conclusion of this Agreement may be a written document drawn up by the Contractor and signed by the Customer (including, but not limited to, the Customer's Informed Voluntary Consent).
9.8. This Agreement shall enter into force on the date of its conclusion and shall be valid for an unlimited period of time.
9.9. The terms and conditions of this Agreement shall be the same for all Customers, except as provided by the laws of Ukraine.
9.10. Amendments to this Agreement shall be made by the Contractor unilaterally and made public:
9.10.1. On the official website of the Contractor.
9.10.2. On paper at the location of the Contractor.
9.11. In case of discrepancies between the terms of this Agreement published on the official website of the Contractor and in hard copies at the location of the Contractor, the hard copy shall prevail.
9.12. Amendments to this Agreement may not affect or limit the quality and scope of the Services in respect of the Services paid for by the Customer before such amendments come into force.
9.13. This Agreement may be terminated in accordance with the procedure and in the manner prescribed by the laws of Ukraine.
10. Details of the Contractor:
Individual entrepreneur Shenderovskyi Mykhailo
EDRPOU code 3355402691
IBAN: UA843052990000026005005510838
at JSC CB "PrivatBank"
tel.: +380983969680
e-mail: info@zakordon.net.ua