Public Offer Agreement
Contents
1. Subject of the Agreement
2. Rights and Obligations of the Parties
3. Terms and Procedure of Payment
4. Term of Service Provision
5. Liability of the Parties
6. Dispute Resolution
7. Final Provisions
This Agreement is a public offer in accordance with Articles 633, 641, 642 of Chapter 53 of the Civil Code of Ukraine and is equivalent to an “oral agreement”, and in accordance with the current legislation of Ukraine has proper legal force.
The Carrier, who is registered and operates in accordance with the requirements of the State where the transportation is carried out, on the one hand, and the Client (an individual or legal entity) who orders and pays for the passenger transportation service (including baggage), including in favor of a third party, on the other hand, have concluded this Public Offer Agreement (hereinafter referred to as the Agreement) as follows:
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Subject of the Agreement
- Under this Agreement, the Carrier undertakes to provide services for the transportation of the Client and their baggage (hereinafter referred to as the Service) in accordance with the route, date, and departure time chosen by the Client, and the Client undertakes to pay for the Service in advance.
- The Route Sheet issued to the Client is an integral part of this Agreement and serves as confirmation of the conclusion of the Agreement and the Transportation Contract between the Carrier and the Client.
- The passenger Route Sheet number is generated by the computer and is a unique number of the Agreement.
- The Route Sheet does not grant the right to use the Service and must be exchanged by the Carrier for a ticket or boarding pass.
- The term for acceptance of the public offer is unlimited.
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Rights and Obligations of the Parties
- Rights of the Carrier:
- to change the terms of service provision, including reissuance or refund for unused transportation, by publishing the relevant information in advance in the PC;
- Obligations of the Carrier:
- to provide the Service in accordance with the selected Route;
- in case of cancellation or change in the terms of service provision, to refund the funds received as a prepayment to the Client;
- to provide consultations on issues arising for the Client regarding the use of Services: order placement, conditions for reissuance and refund of the Route Sheet;
- to maintain confidentiality of information received from the Client;
- to familiarize the Client with the Passenger Transportation Rules and the conditions for placing an order, reissuing, and refunding the passenger Route Sheet;
- to exchange the Route Sheet for a ticket or boarding pass.
- Rights of the Client:
- to receive consultations on issues related to the use of Services: order placement, conditions for reissuance and refund of the passenger Route Sheet;
- Obligations of the Client:
- to pay for the Service;
- to provide accurate information necessary for placing the order;
- to require confidentiality regarding the information provided during the prepayment;
- to provide documents confirming the Client’s identity when exchanging the Route Sheet for a ticket or boarding pass.
- Rights of the Carrier:
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Terms and Procedure of Payment, Refund
- The Client pays for the Carrier’s services by making a 100% prepayment in cash or by non-cash payment using a bank card.
- The price of the Service is formed from the actual cost of the service, tariff, fees and taxes, a service fee including remuneration to a third party involved in concluding this Agreement, and is indicated in the passenger Route Sheet.
- Ticket refunds are carried out according to the refund rules specified in the ticket information.
- The Client must independently review the refund rules before making payment for the selected ticket!
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Term of Service Provision
- The route, date, and time of departure and arrival are displayed in the Route Sheet.
- The fact of completion of the service provision is the arrival at the final destination indicated in the Route Sheet.
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Liability of the Parties
- The Carrier is responsible for:
- providing services to the Client;
- delay and/or cancellation and/or rescheduling, changes in the conditions of service provision;
- the level of service on its routes.
- The Client is responsible for:
- providing inaccurate data when ordering the Service;
- obtaining the necessary documents (visa, etc.) required for crossing the borders of other states.
- Exemption from the Carrier’s liability:
- for deviations from the schedule or late provision of the vehicle caused by force majeure circumstances (including but not limited to: weather conditions, traffic jams, actions of state authorities, etc., as well as actions of passengers affecting the fulfillment of obligations) or other circumstances (technical malfunctions of the bus on the way to the departure point) that the Carrier could not foresee or prevent despite the measures taken;
- for expenses incurred by the passenger due to late arrival at the destination;
- for any damages incurred by the passenger as a result of criminal activity of any private person (including other passengers, road users, or crew members);
- for problems arising for the passenger with government authorities related to documents (passport, visas, insurance, etc.) or the contents of the passenger’s baggage;
- for items left or forgotten in the bus cabin;
- The Carrier is responsible for:
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Dispute Resolution
- The Parties shall resolve through negotiations any disputes, disagreements, or claims that may arise regarding this Agreement or in connection with its execution.
- All disputed issues are considered upon the presence of a written application sent by mail or fax. The pre-trial dispute resolution procedure is mandatory.
- If the Parties fail to reach agreement through negotiations, such disputes shall be resolved in accordance with the current legislation of Ukraine.
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Final Provisions
- For all matters not regulated by the text of this Agreement, the Parties shall be guided by the current legislation of Ukraine.
- In case of amendments to this Agreement, suspension, or termination of its validity, the Carrier shall provide the Client with all services that have been paid for.
- Each Party guarantees to the other Party that it has the necessary legal capacity and all rights and authorities necessary and sufficient for the conclusion and execution of the Agreement in accordance with its terms.
Confidentiality and Information Protection
By providing their personal data to FOP Denysiuk V.I, the Website Visitor/User/Client consents to their use, including for the purpose of promoting goods and services, as well as the transfer of personal data to third parties involved in fulfilling obligations to website visitors/users/clients within the framework of the Public Offer.
The Website Visitor / User / Client agrees to receive transactional-triggered messages, informational messages, as well as news and marketing messages from FOP Denysiuk V.I. The frequency of messages depends on the actions of the Website Visitor/User/Client; at the same time FOP Denysiuk V.I undertakes to make reasonable efforts to ensure that the Website Visitor/User/Client does not receive an excessive number of mailings.
The Website Visitor/User/Client is responsible for the information provided to FOP Denysiuk V.I on the Website in publicly available form.
FOP Denysiuk V.I has the right to record telephone conversations with the website visitor / User / Client. At the same time, FOP Denysiuk V.I undertakes to prevent attempts of unauthorized access to information obtained during telephone conversations and/or transfer it to third parties not directly related to order fulfillment.
If the Website Visitor/User/Client wishes to unsubscribe from the mailing list, it is enough to click the “Unsubscribe” link at the bottom of the email. Unsubscribing from messages is always available at the bottom of every email message, and FOP Denysiuk V.I also responds to requests from website visitors/users/clients to unsubscribe when contacting technical support ([email protected]).
Contact phone number: +380673444820. Email address of the website administration for handling user and other inquiries, including technical support: [email protected].
Each phone number entered by the User when making a reservation and/or purchasing passenger transportation is assigned an ID NUMBER, which is a set of characters used to identify the User in the booking system in order to effectively process orders (order history) and requests in the User system. The ID NUMBER may be transferred to a third party without the User’s consent (for example, to Google Analytics to identify a user visiting the website from different devices). The User has the right to refuse the assignment of an ID number by contacting the email address [email protected].
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