This is an informational English translation. Under clause 16.4, the Ukrainian text is the governing version of the document.
Sole Trader Ivan Anatoliyovych Kharchuk provides excursion, organisational, informational and consulting services in his own name in accordance with the legislation of Ukraine and the Law of Ukraine “On Tourism”, taking into account the particular features of the legal regulation of tourism operators. This Offer does not govern relations concerning the tourism product formed by the Tour Operator, Pro Karpaty Tourist Company LLC, to which a separate Public Offer of the Tour Operator applies.
PUBLIC OFFER
on the conclusion of a contract for the provision of excursion, organisational, informational and consulting services
Preamble
This Public Offer (the “Offer”) sets out the terms on which a contract is concluded between Sole Trader Ivan Anatoliyovych Kharchuk (the “Service Provider”) and natural or legal persons (the “Customer”, the “Tourist”) for the provision of tourism, excursion, organisational, informational, consulting and other ancillary services.
This Offer applies solely to services provided by the Service Provider in his own name in accordance with the legislation of Ukraine.
Where the Customer books a tourism product formed by Pro Karpaty Tourist Company LLC, the relations are governed by the separate Public Offer of the Tour Operator published on the official website.
Please read the terms of this Offer carefully before making a booking or paying for services.
Section I. General provisions
1.1. This Public Offer is the official proposal of Sole Trader Ivan Anatoliyovych Kharchuk to conclude a contract for the provision of excursion, organisational, informational, consulting and other ancillary services 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.
Relations between the Service Provider and the Customer are governed by the Civil Code of Ukraine, the Law of Ukraine “On Tourism”, taking into account the particular features of the legal regulation of tourism operators, 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 Customers, unless otherwise provided by a written agreement between the parties.
1.4. Acceptance of this Offer is deemed to occur when the Customer takes any of the following actions:
- submitting a request for services;
- confirming an intention to make a booking;
- making full or partial payment;
- any other action indicating acceptance of the terms of this Offer.
1.5. From the moment of acceptance, contractual relations arise between the Service Provider and the Customer.
1.6. Before concluding the Contract, the Customer confirms that they:
- have read the terms of this Offer;
- have received sufficient information about the services;
- have read the price of the services;
- have read the procedure for booking, amending a booking and obtaining refunds;
- agree to the terms of this Offer.
1.7. The following documents, in their current versions published on the official website, form an integral part of this Contract:
- the Booking and Cancellation Rules;
- the Privacy Policy;
- the Rules of Participation in Excursions;
- other documents designated by the Service Provider.
1.8. The Service Provider may amend this Offer.
A new version takes effect upon publication on the official website and applies to relations arising after it takes effect.
Section II. Terms and definitions
Service Provider - Sole Trader Ivan Anatoliyovych Kharchuk.
Customer - a natural or legal person who orders or pays for the services.
Tourist - a natural person who directly uses the Service Provider’s services.
Services - tourism, excursion, organisational, informational, consulting and other ancillary services provided by the Service Provider.
Excursion - an organised activity following a defined programme, which may include transport, the services of a tour guide, accompaniment, visits to tourist sites and other services.
Booking - a reservation of services confirmed by the Service Provider.
Booking confirmation - a notice from the Service Provider confirming that the services can be provided.
Request - an approach by the Customer regarding the booking of services.
Acceptance - full and unconditional acceptance of the terms of this Offer.
Electronic message - a message transmitted by e-mail, Viber, Telegram, Messenger, SMS, the website or other agreed communication channels.
Official website - the website on which this Offer and the Service Provider’s other documents are published.
Section III. Subject matter of the contract
3.1. The Service Provider undertakes to provide the Customer (Tourist) with the services ordered, and the Customer undertakes to accept them and pay for them in accordance with the terms of this Offer.
3.2. The subject matter of this Contract may be:
- the arrangement of one-day excursions;
- excursion services;
- the services of a guide or an accompanying person;
- the arrangement of transfers;
- the booking of accommodation;
- the booking of tickets;
- the booking of tastings, master classes, spa services and visits to tourist sites;
- consulting and informational services;
- the arrangement of leisure activities;
- other tourism and ancillary services not contrary to the legislation of Ukraine.
3.3. The specific list, scope, price and terms of provision of the services are determined by the excursion programme, the booking confirmation, the invoice or other documents provided by the Service Provider.
3.4. In order to perform his obligations properly, the Service Provider may engage third parties (carriers, tour guides, guides, accommodation establishments, catering establishments, event organisers, insurance companies and other partners), while remaining liable for his own acts and for the scope of the obligations he has assumed in accordance with the legislation of Ukraine.
3.5. The Service Provider may book individual tourism services provided by third parties, in the name of or in the interests of the Customer, in accordance with the terms of this Offer and with the contracts concluded or partnership arrangements in place.
3.6. Where individual services are provided directly by a third party, liability for their quality is determined in accordance with the legislation of Ukraine and the terms of the contract with that supplier, unless the law provides otherwise.
Section IV. Booking procedure and conclusion of the contract
4.1. To order services, the Customer submits a request by one of the following means:
- through the official website;
- by e-mail;
- by telephone;
- via Viber, Telegram, Messenger or other official communication channels;
- in person.
4.2. The request must contain information sufficient to make the booking. Where necessary, the Service Provider may request additional information or documents.
4.3. Having received the request, the Service Provider checks whether the services can be provided and informs the Customer of the outcome.
4.4. A booking is deemed confirmed once the Service Provider has sent a booking confirmation and the Customer has met the conditions of that booking (in particular as to prepayment, where required), unless the booking confirmation states otherwise.
4.5. Until the booking is confirmed, the Service Provider does not guarantee the availability of places, that the price will remain unchanged, or that individual services can be provided.
4.6. A Customer booking for other persons confirms that they have those persons’ consent to the transfer of their personal data and to their being informed of the terms of this Offer.
4.7. Documents, notices, invoices, booking confirmations and other information may be transmitted electronically through the channels agreed by the parties. Such documents and notices are recognised by the parties as a proper means of exchanging information and may be used as evidence of interaction between the parties, unless the legislation of Ukraine provides otherwise.
4.8. The Service Provider may refuse to confirm a booking where places are unavailable, where the services ordered cannot be provided, or for other justified reasons making proper performance of the contract impossible. In such a case the Customer is, where possible, offered an alternative or refunded the sums paid for the service that cannot be provided.
Section V. Price of the services and payment procedure
5.1. The price of the services is set by the Service Provider and stated in the excursion programme, the commercial proposal, the invoice, the booking confirmation, on the official website or in other information materials of the Service Provider.
5.2. The price of the services includes only those services expressly stated in the description of the relevant excursion or other service.
5.3. Services not included in the price are paid for separately by the Customer, unless the programme or the booking confirmation states otherwise.
5.4. Payment may be made:
- by bank transfer;
- through payment services offered by the Service Provider;
- 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 service 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 Service Provider’s account, unless the legislation of Ukraine or a written agreement between the parties provides otherwise.
5.7. Payment made by a third party in the Customer’s interest is deemed proper performance of the payment obligation and does not alter the parties’ rights and obligations under this Contract.
5.8. Where payment deadlines are missed, the Service Provider may suspend or cancel the booking after notifying the Customer, unless the parties agree otherwise.
5.9. Payment is evidenced by a bank document, an electronic confirmation from the payment system or another document in accordance with the legislation of Ukraine.
Section VI. Rights and obligations of the Service Provider
6.1. The Service Provider may:
- obtain from the Customer accurate information necessary to arrange the services;
- engage third parties to provide individual services;
- change the manner in which individual services are provided without impairing their material characteristics;
- change the order in which tourist sites are visited, the route or the time of individual activities, where this is dictated by weather conditions, safety requirements, decisions of site administrations, the traffic situation or other circumstances beyond the Service Provider’s control;
- refuse to confirm a booking in the cases provided for by law or by this Offer;
- refuse to provide further services to a Tourist whose aggressive, unlawful or dangerous conduct endangers other participants, employees or partners of the Service Provider;
- determine how the provision of the services is organised in accordance with the confirmed programme.
6.2. The Service Provider must:
- provide the services in accordance with the confirmed booking;
- provide the Customer with full information about the programme, the route, the meeting place, the start time, the price and other material terms;
- give notice of any known changes that may affect performance of the services ordered;
- ensure that personal data is processed in accordance with the legislation of Ukraine;
- consider Customers’ enquiries, applications and complaints in the manner prescribed by the legislation of Ukraine.
Section VII. Rights and obligations of the Customer (Tourist)
7.1. The Customer may:
- receive full and accurate information about the services;
- require the services to be provided properly in accordance with the terms of this Contract;
- seek clarification regarding the organisation of an excursion or other service;
- withdraw from the services ordered in the manner set out in this Offer and in the Booking and Cancellation Rules;
- submit applications, proposals and complaints in accordance with the legislation of Ukraine.
7.2. The Customer must:
- provide accurate personal data;
- pay on time;
- read the service programme carefully;
- check that their personal data in the documents is correct;
- notify the Service Provider in good time of any change in contact details, documents or other circumstances that may affect performance of this Contract;
- follow the lawful instructions of the Service Provider’s representatives and of the suppliers of individual services;
- observe the rules of conduct during the excursion, safety requirements, carriage rules and the rules for visiting tourist sites;
- arrive on time at the place where the services begin.
7.3. The Customer is responsible for the consequences of providing inaccurate or incomplete information, and for the late submission of documents or information necessary for the proper performance of the Contract.
Section VIII. Amendments to the booking terms
8.1. The Customer may ask the Service Provider to amend a confirmed booking.
8.2. A booking may be amended only where practically possible and subject to agreement with the relevant service suppliers, where their involvement is envisaged.
8.3. Amendments to a booking may include:
- a change of excursion date;
- a change in the participants;
- a change of pick-up or drop-off point (where possible);
- a change in the category of accommodation booked;
- ordering additional services;
- other amendments agreed by the parties.
8.4. Where an amendment changes the price of the services or gives rise to additional costs, the Service Provider informs the Customer before confirming the amendment.
8.5. Where the requested amendment cannot be made, the Service Provider 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 Offer and in the Booking and Cancellation Rules, which form an integral part of it.
Section IX. Withdrawal from services (cancellation of a booking) and refunds
9.1. The Customer may withdraw from a confirmed booking in whole or in part before the services begin.
9.2. Notice of withdrawal from the services is given to the Service Provider in writing or electronically through the official communication channels.
9.3. The date of cancellation is the date on which the Service Provider receives the notice.
9.4. In the event of cancellation of a booking, the Service Provider 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 Service Provider has already paid third parties (carriers, accommodation establishments, excursion sites, event organisers, insurance companies or other service suppliers), such costs are taken into account in determining the sums to be refunded, unless the legislation of Ukraine provides otherwise.
9.6. Refunds are made by a method agreed with the Customer, once the necessary details and documents have been received, where their submission is required by law or necessary to process the refund.
9.7. The procedure for postponing the date of an excursion, replacing a participant or changing other booking terms is set out in the Booking and Cancellation Rules.
Section X. Force majeure
10.1. The parties are released from liability for the total or partial non-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. Force majeure 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 after becoming aware of those circumstances.
10.4. Where force majeure circumstances arise, the parties make reasonable efforts to agree alternative means of performing the Contract, in particular by changing the date of the excursion, the route, the time of the activity or other material terms.
10.5. The occurrence of force majeure circumstances does not in itself terminate this 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 Service Provider is not liable for:
- the inaccuracy of information or documents provided by the Customer;
- the consequences of the Customer or the Tourist breaching the legislation of Ukraine or of the country of stay;
- the Tourist’s own decision to forgo individual services;
- the Tourist’s late arrival at the meeting or departure point;
- the acts or omissions of third parties where the Service Provider is unable to influence their activities;
- the cancellation of, or a change in the opening hours of, tourist sites, museums, catering establishments or other places visited, for reasons beyond the Service Provider’s control.
11.3. The Customer (Tourist) is liable for damage caused to the property of the Service Provider or of third parties in accordance with the legislation of Ukraine.
11.4. Where the provision of services becomes impossible as a result of the acts or omissions of the Customer or the Tourist, the Service Provider may discontinue the provision of the relevant services with no obligation to compensate their value, unless the law provides otherwise.
11.5. The parties undertake to act in good faith and to take reasonable steps to minimise possible losses where circumstances arise that may prevent the proper performance of this Contract.
Section XII. Processing of personal data
12.1. The Service Provider 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 Service Provider may be unable to provide certain services.
12.3. Personal data is used solely for the purpose of:
- arranging excursions and other services;
- performing contractual obligations;
- booking services with third parties;
- dealing with carriers, accommodation establishments, excursion sites and other 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, the current version of which is published on the official website and forms an integral part of this Offer.
Section XIII. Photography and filming
13.1. During excursions and other activities, the Service Provider or persons authorised by him may take photographs and film for the purposes of publicising his activities, promoting tourist routes, building an archive and preparing informational and advertising materials.
13.2. Photographs and video materials may be used by the Service Provider only in compliance with the requirements of the legislation of Ukraine on the protection of personal data, the right of a natural person to their own image and other legal requirements.
13.3. Where the Tourist does not wish their image to be used in informational or advertising materials, they may notify the Service Provider before the activity begins or at any time during it. The Service Provider 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 electronic means of communication when concluding and performing this Contract, in particular:
- e-mail;
- telephone;
- SMS messages;
- Viber;
- Telegram;
- Messenger;
- the official website;
- other electronic means of communication agreed by the parties.
14.2. Documents, invoices, notices, booking confirmations, e-mails and other information sent through the channels agreed by the parties are recognised as a proper means of exchanging information between the parties and may be used as evidence of interaction, unless the legislation of Ukraine provides otherwise.
14.3. Documents may be provided in electronic form, unless the legislation of Ukraine provides otherwise or the parties agree separately.
14.4. The Customer is responsible for keeping the contact details provided up to date and for reading in good time the notices sent by the Service Provider to the means of communication indicated by the Customer.
14.5. The parties recognise the legal force of electronic messages without the need to duplicate them on paper, unless the legislation of Ukraine provides otherwise.
Section XV. Dispute resolution
15.1. The parties seek to resolve all disputed matters through negotiation, mutual consultation and good-faith cooperation.
15.2. The Customer may submit to the Service Provider an application, enquiry or complaint regarding the quality of the services or the manner of their provision.
15.3. The Service Provider considers the Customer’s approach within the periods and in the manner prescribed by the legislation of Ukraine.
15.4. Where a dispute cannot be settled by negotiation, it is resolved in accordance with the legislation of Ukraine by the court having jurisdiction under the procedural legislation of Ukraine.
Section XVI. Final provisions and details of the Service Provider
16.1. This Public Offer takes effect on the date of its publication on the official website and remains in force until withdrawn or replaced by a new version.
16.2. If any provision of this Offer is held invalid or inapplicable, this does not affect the validity of its remaining provisions.
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 versions of this Offer, the Booking and Cancellation Rules, the Privacy Policy and the other documents forming an integral part of it are published on the official website.
16.6. Where the text of this Offer and information published in advertising materials or other informational communications differ, the terms set out in the booking confirmation and in this Offer prevail, unless the legislation of Ukraine provides otherwise.
16.7. All documents, rules and policies referred to in this Offer form an integral part of it.
16.8. The Customer confirms that, before accepting the Offer, they had sufficient time to read its terms and to obtain clarification of the content of the contract.
Details of the Service Provider
Sole Trader Ivan Anatoliyovych Kharchuk
Correspondence address: 12/48 Bestuzheva St., Uzhhorod, Zakarpattia region, 88000
Taxpayer number (RNOKPP): 2317604091
Date of state registration: 24.07.2018, No. 1004242820
IBAN: UA 573077700000026004711190135
Bank: A-BANK JSC, Uzhhorod
Telephone: +38 (099) 776 77 29
E-mail: prokarpaty@gmail.com
Official website: https://prokarpaty-tour.info