This is an informational English translation. Under clause 16.4, the Ukrainian text is the governing version of the document.
PUBLIC OFFER
This Public Offer (the “Offer”) is the Tour Operator’s proposal to conclude a contract for tourism services in accordance with the Law of Ukraine “On Tourism”.
This Public Offer sets out the terms on which a contract for tourism services is concluded between Pro Karpaty Tourist Company LLC and natural or legal persons seeking tourism services. Please read the terms of this Offer carefully before making a booking or paying for tourism services.
Section I. General provisions
1.1. This Public Offer to conclude a contract for tourism services (the “Offer”, the “Contract”) is the official proposal of Pro Karpaty Tourist Company Limited Liability Company (the “Tour Operator”) to conclude a contract on the terms set out in this Offer.
1.2. The Offer is a public contract within the meaning of Articles 633, 641 and 642 of the Civil Code of Ukraine and governs the provision of tourism services to natural and legal persons.
Relations arising between the Tour Operator and the Customer (Tourist) are governed by the Civil Code of Ukraine, the Law of Ukraine “On Tourism”, the Law of Ukraine “On Consumer Protection”, the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Personal Data Protection” and other regulatory acts of Ukraine.
1.3. The terms of this Offer are the same for all Tourists, unless expressly provided otherwise by an individual contract or a written agreement between the parties.
1.4. Acceptance of this Offer is deemed to occur when the Tourist takes any of the following actions:
- submitting a request for tourism services;
- confirming an intention to make a booking by any agreed means;
- making full or partial payment for tourism services;
- any other action indicating acceptance of the terms of this Offer.
1.5. From the moment of acceptance, contractual relations arise between the Tour Operator and the Tourist, and the parties acquire mutual rights and obligations under the legislation of Ukraine and this Offer.
1.6. Before concluding the Contract, the Tourist confirms that they:
- have read the text of this Offer;
- have received sufficient information about the tourism product;
- have read the price and the terms of booking, payment, cancellation and refund;
- agree to the terms of this Offer.
1.7. The following documents, in their current versions published on the Tour Operator’s official website, form an integral part of this Contract, in particular:
- the Privacy Policy;
- the Booking and Cancellation Rules;
- the Rules of Participation in Tours;
- other documents where these are expressly designated by the Tour Operator as forming part of this Contract.
1.8. The Tour Operator may amend this Offer. Such amendments take effect upon publication on the Tour Operator’s official website and apply to relations arising after they take effect, unless the legislation of Ukraine provides otherwise.
Section II. Terms and definitions
Tour Operator - Pro Karpaty Tourist Company Limited Liability Company, which forms, promotes and sells the tourism product in accordance with the legislation of Ukraine.
Tourist - a natural person who orders or receives tourism services for their own needs or in the interests of other persons.
Customer - a natural or legal person who books and pays for tourism services for themselves or for other persons.
Tourism product - a package of tourism services formed by the Tour Operator in accordance with the tour programme.
Tour - a package of tourism services provided in accordance with an approved programme.
Excursion - a tourism service which may be provided on its own or as part of a tourism product.
Booking - a reservation of tourism services confirmed by the Tour Operator.
Booking confirmation - a notice from the Tour Operator that the request has been accepted for fulfilment and a place reserved.
Request - an approach by the Customer regarding the booking of tourism services, by whatever means submitted.
Acceptance - full and unconditional acceptance of the terms of this Offer by taking the actions set out in clause 1.4 of this Contract.
Voucher - a document confirming the Tourist’s entitlement to receive tourism services, where its issue is provided for by the terms of the specific tour.
Electronic message - information transmitted by the Tour Operator or the Tourist by e-mail, messenger, SMS, the website or other agreed communication channels.
Payment confirmation - a document or electronic message confirming receipt of funds for tourism services.
Tour Operator’s official website - the Tour Operator’s official internet resource on which information about tourism products, booking terms, the current version of this Offer and other documents is published.
Section III. Subject matter of the contract
3.1. The Tour Operator undertakes to provide the Tourist with tourism services in accordance with the confirmed booking, and the Tourist (or the Customer) undertakes to accept them and pay for them in the manner set out in this Offer.
3.2. The subject matter of this Contract may be:
- one-day excursions;
- multi-day tours;
- corporate tourism programmes;
- individual tours;
- signature tours;
- excursion services;
- the arrangement of transfers;
- the booking of accommodation;
- the arrangement of insurance;
- the arrangement of leisure activities;
- other tourism and ancillary services.
3.3. The specific composition of the tourism services is determined by the tour programme, the booking confirmation, the invoice, the voucher or other documents provided by the Tour Operator.
3.4. The Tour Operator may engage third parties (carriers, guides, tour guides, hotels, catering establishments, insurance companies and other partners) to perform individual obligations under this Contract, while remaining liable within the limits set by the legislation of Ukraine.
Section IV. Booking procedure and conclusion of the contract
4.1. To book tourism services, the Customer submits a request by one of the following means:
- through the Tour Operator’s official website;
- by e-mail;
- by telephone;
- via Viber, Telegram, Messenger or other official communication channels of the Tour Operator;
- in person at the Tour Operator’s office.
4.2. The request must contain information sufficient to make the booking. Where necessary, the Tour Operator may request additional information or documents.
4.3. Having received the request, the Tour Operator checks whether the tourism services can be provided and informs the Customer of the outcome.
4.4. A booking is deemed confirmed once the Tour Operator has sent a booking confirmation and the Customer has met the conditions set for that booking (in particular as to payment, where payment is mandatory at the relevant stage), unless the booking confirmation states otherwise.
4.5. Until the booking is confirmed, the Tour Operator does not guarantee the availability of places or that the price of the tourism services will remain unchanged, unless the parties agree otherwise in writing.
4.6. A Customer booking for other persons confirms that they have those persons’ consent to the transfer of their personal data, to their being informed of the terms of this Offer and to their receiving the necessary information about the tourism services.
4.7. Documents, invoices, tour programmes, booking confirmations, notices and other information may be exchanged electronically. Such documents and notices have legal force, unless the legislation of Ukraine provides otherwise.
4.8. The Tour Operator may refuse to confirm a booking where places are unavailable, where the services ordered cannot be provided, or on other grounds provided for by law or justified by the circumstances of performance of the contract. In such a case the Customer is offered an alternative or refunded the sums paid, where these were received without the corresponding service being provided.
Section V. Price of the tourism services and payment procedure
5.1. The price of the tourism services is set by the Tour Operator and stated in the tour programme, the commercial proposal, the invoice, the booking confirmation, on the official website or in other information materials of the Tour Operator.
5.2. The price of the tourism services includes only those services expressly stated in the description of the relevant tourism product.
5.3. Services not included in the price of the tour are paid for separately by the Tourist, unless the tour programme or a written agreement between the parties provides otherwise.
5.4. Payment may be made:
- by bank transfer;
- through payment services offered by the Tour Operator;
- by other means not contrary to the legislation of Ukraine.
5.5. The amount of the prepayment, the deadlines for final settlement and other payment terms are set separately for each tourism product and communicated to the Customer before the booking is confirmed.
5.6. The payment obligation is deemed performed once the funds are credited to the Tour Operator’s account, unless the law or a written agreement between the parties provides otherwise.
5.7. Where payment is made by a third party, it is deemed to have been made in the Customer’s interest and does not alter the parties’ rights and obligations under this Contract.
5.8. Where payment deadlines are missed, the Tour Operator may suspend or cancel the booking after giving the Customer prior notice, unless the parties agree otherwise.
5.9. Payment is evidenced by a bank document, an electronic confirmation from the payment system or another document meeting the requirements of the legislation of Ukraine.
5.10. Where the price of the tourism product is set in a foreign currency under contracts with tourism service suppliers, settlement in hryvnia is made at the rate set by the Tour Operator in the commercial proposal or the booking confirmation, provided this does not contravene the legislation of Ukraine.
Section VI. Rights and obligations of the Tour Operator
6.1. The Tour Operator may:
- obtain from the Customer accurate information necessary to arrange the tourism services;
- engage third parties to perform individual services;
- make justified changes to the tour programme in the cases provided for by this Contract or by law;
- change the manner in which individual services are provided without impairing their material characteristics;
- refuse a booking in the cases provided for by this Contract or by law;
- terminate performance of the Contract where the Customer materially breaches its terms;
- refuse to provide further tourism services in the event of aggressive, unlawful or dangerous conduct by the Tourist, where such conduct endangers other participants of the tour or employees of the Tour Operator.
6.2. The Tour Operator must:
- provide the tourism services in accordance with the confirmed booking;
- provide the Tourist with the necessary information about the tour programme, the route, accommodation, transport arrangements, the particular features of the journey and other material terms;
- inform the Tourist of any known changes that may affect performance of the tourism product;
- ensure that personal data is processed in accordance with the legislation of Ukraine;
- consider Tourists’ enquiries and complaints in the manner prescribed by the legislation of Ukraine.
Section VII. Rights and obligations of the Tourist (Customer)
7.1. The Tourist may:
- receive full, accurate and timely information about the tourism product;
- require the tourism services to be provided properly in accordance with the terms of the Contract;
- approach the Tour Operator for clarification of the terms of the journey;
- withdraw from the tourism product in the manner set out in this Contract and in the Booking and Cancellation Rules;
- submit proposals, applications and complaints in accordance with the legislation of Ukraine.
7.2. The Tourist must:
- provide accurate personal data necessary for the booking;
- pay on time;
- read the tour programme and the terms of participation;
- check independently that their personal data in the documents is correct;
- follow the lawful instructions of representatives of the Tour Operator, carriers, hotels and other tourism service suppliers during the journey;
- comply with the legislation of the country of stay and the rules of conduct at the places where the tourism services are provided;
- arrive on time at the place where the tourism services begin.
7.3. The Tourist is responsible for the consequences of providing inaccurate or incomplete data and for the late submission of documents required for the journey.
Section VIII. Amendments to the booking terms
8.1. The Customer may ask the Tour Operator to amend a confirmed booking.
8.2. A booking may be amended only where technically and practically possible and subject to agreement of such amendments by all tourism service suppliers, where their involvement forms part of the tourism product.
8.3. Amendments to a booking may include, in particular:
- a change of tour date;
- a change in the participants;
- a change of accommodation;
- a change of room category;
- a change of route;
- ordering additional services.
8.4. Where an amendment changes the price of the tourism product or gives rise to additional costs, the Tour Operator informs the Customer before confirming the amendment.
8.5. Where the requested amendment cannot be made, the Tour Operator informs the Customer and, where possible, proposes alternatives.
8.6. The procedure for cancelling a booking and refunding sums paid is set out in a separate section of this Contract and in the Booking and Cancellation Rules, which form an integral part of it.
Section IX. Withdrawal from tourism services (cancellation of a booking) and refunds
9.1. The Customer may withdraw from a confirmed booking in whole or in part before the tourism services begin.
9.2. Withdrawal from tourism services is notified to the Tour Operator in writing or electronically through the official communication channels.
9.3. The date of cancellation is the date on which the Tour Operator receives the notice.
9.4. In the event of cancellation, the Tour Operator calculates the sums to be refunded in accordance with:
- the terms of this Offer;
- the Booking and Cancellation Rules;
- the costs actually incurred and documented;
- the requirements of the legislation of Ukraine.
9.5. Where, at the time of cancellation, the Tour Operator has already paid third parties (hotels, carriers, insurance companies, excursion sites and so on), such costs are taken into account in determining the sums to be refunded, unless the law provides otherwise.
9.6. Refunds are made by a method agreed with the Customer, in accordance with the legislation of Ukraine, once the Tour Operator has received all the documents and details necessary to process the refund.
9.7. The terms for changing the tour date, transferring a booking or replacing a participant are set out in the Booking and Cancellation Rules.
Section X. Force majeure
10.1. The parties are released from liability for the non-performance or improper performance of their obligations where this results from force majeure circumstances that arose after the Contract was concluded and that the parties could not have foreseen or prevented.
10.2. Such circumstances may include, in particular:
- natural disasters;
- fires;
- floods;
- earthquakes;
- military action;
- acts of terrorism;
- civil unrest;
- epidemics and pandemics;
- decisions of public authorities;
- the closure of state borders;
- strikes;
- other circumstances having the characteristics of force majeure under the legislation of Ukraine.
10.3. A party unable to perform its obligations because of force majeure must notify the other party within a reasonable period.
10.4. Where force majeure circumstances arise, the parties make efforts to agree alternative means of performing the Contract, in particular a change of tour date, of route or of other material terms.
10.5. The parties agree that the occurrence of force majeure circumstances does not in itself terminate the Contract if the parties can agree another means of performing it.
Section XI. Liability of the parties
11.1. Each party is liable for the non-performance or improper performance of its obligations in accordance with the legislation of Ukraine and the terms of this Contract.
11.2. The Tour Operator is not liable for:
- the inaccuracy of information or documents provided by the Customer or the Tourist;
- the consequences of the Tourist breaching the legislation of the country of stay;
- the Tourist’s own decision to forgo individual services forming part of the tourism product;
- the Tourist’s late arrival at the meeting or departure point;
- the acts or omissions of third parties in cases where the Tour Operator cannot influence their activities within the limits of the law.
11.3. The Tourist is liable for damage caused to the property of the Tour Operator or of third parties in accordance with the legislation of Ukraine.
11.4. Where the tourism services become impossible to perform as a result of the acts or omissions of the Customer or the Tourist, the Tour Operator may refuse to provide the relevant services further, with no obligation to compensate their value, unless the law provides otherwise.
Section XII. Processing of personal data
12.1. The Tour Operator processes the personal data of Customers and Tourists in accordance with the legislation of Ukraine and the Privacy Policy.
12.2. The provision of the personal data necessary to perform this Contract is voluntary; however, without it the Tour Operator may be unable to provide certain tourism services.
12.3. Personal data is used solely for:
- arranging tourism services;
- performing contractual obligations;
- booking services;
- dealing with tourism service suppliers;
- complying with the requirements of the legislation of Ukraine.
12.4. The detailed procedure for processing personal data is set out in the Privacy Policy, which forms an integral part of this Contract.
Section XIII. Photography and filming
13.1. During tourism activities, the Tour Operator or persons authorised by it may take photographs and film for the purposes of publicising the company’s activities, promoting tourist routes and building an archive of the events held.
13.2. Photographs and video materials may be used by the Tour Operator in marketing, informational and presentation materials only in compliance with the requirements of the legislation of Ukraine.
13.3. Where the Tourist does not wish their image to be used in such materials, they may notify the Tour Operator before the tourism activity begins or at any time during it. The Tour Operator will, where possible, take such a wish into account in any further use of the materials.
Section XIV. Electronic document flow and electronic interaction
14.1. The parties agree to use e-mail, messengers, SMS, telephone and other electronic means of communication.
14.2. Notices sent through the agreed channels are deemed a proper means of exchanging information between the parties, unless the legislation of Ukraine provides otherwise.
14.3. Documents may be provided in electronic form.
Section XV. Dispute resolution
15.1. The parties seek to resolve all disputed matters through negotiation and mutual consultation.
15.2. Where a dispute cannot be settled by negotiation, it is resolved in the manner prescribed by the legislation of Ukraine.
15.3. The Tourist may submit an application or complaint to the Tour Operator. The Tour Operator considers such an approach within the periods prescribed by the legislation of Ukraine.
Section XVI. Final provisions and details of the Tour Operator
16.1. This Public Offer takes effect on the date of its publication on the Tour Operator’s official website and remains in force until withdrawn or replaced by a new version.
16.2. If any provision of this Contract is held invalid or inapplicable, this does not affect the validity of the remaining provisions of the Contract.
16.3. The legislation of Ukraine applies to relations arising under this Offer.
16.4. The official language of this Contract is Ukrainian. Where translations into other languages are prepared, the Ukrainian text is the governing version.
16.5. The current version of the Offer is published on the Tour Operator’s official website.
16.6. Where the text of this Offer and information published in advertising materials differ, the terms set out in the booking confirmation and in this Offer prevail, unless the legislation of Ukraine provides otherwise.
16.7. All annexes, policies and rules referred to in this Offer form an integral part of it.
Pro Karpaty Tourist Company LLC
3-5 Korzo St., Uzhhorod, Zakarpattia region, 88000, Ukraine
- tel.: +38 (099) 776 77 29
- EDRPOU code: 38267505
A-BANK JSC
IBAN: UA453077700000026003411203141
MFO: 307770
Bank EDRPOU: 14360080
Single tax payer (group III)
Tour operator licence: series AE No. 185601 of 06.12.2012