Booking, Payment, Amendment, Cancellation and Refund Rules

This is an informational English translation. Under clause 16.4, the Ukrainian text is the governing version of the document.

BOOKING, PAYMENT, AMENDMENT, CANCELLATION AND REFUND RULES

for tourism products and individual tourism services

I. General provisions

1.1. These Booking, Payment, Amendment, Cancellation and Refund Rules (the “Rules”) set out the procedure for booking, confirming, paying for, amending and cancelling tourism products, excursions and other tourism services, as well as the refund procedure.

1.2. The Rules apply to all tourism products and services sold by:

• Pro Karpaty Tourist Company LLC (the “Tour Operator”);
• Sole Trader Ivan Anatoliyovych Kharchuk (the “Service Provider”),

unless expressly provided otherwise by the relevant Public Offer, an individual contract, the tour programme, a commercial proposal or the booking confirmation.

1.3. These Rules form an integral part of:

• the Tour Operator’s Public Offer;
• the Service Provider’s Public Offer;
• an individual contract (where one is concluded).

1.4. Where these Rules conflict with the individual terms stated in the booking confirmation or the contract, the individually agreed terms prevail, provided they do not contravene the legislation of Ukraine.

1.5. By making a booking or paying for tourism services, the Customer confirms that they:

• have read these Rules;
• understand the booking, payment, amendment and cancellation procedure;
• agree to their terms.

1.6. The current version of the Rules is published on the official website of Pro Karpaty Tourist Company LLC at all times. The Tour Operator and the Service Provider may amend these Rules. Such amendments apply to new bookings made after the date of publication, unless the legislation of Ukraine provides otherwise.

1.7. These Rules form an integral part of the Public Offer of Pro Karpaty Tourist Company LLC and of the Public Offer of Sole Trader Ivan Anatoliyovych Kharchuk, and apply unless expressly provided otherwise by the booking confirmation, a commercial proposal or a separate contract.

II. Booking procedure

2.1. A tourism product or an individual tourism service is booked by the Customer submitting a request through one of the official communication channels:

• the official website;
• e-mail;
• a telephone call;
• Viber;
• Telegram;
• Messenger;
• in person at the office;
• other officially designated communication channels.

2.2. The request must contain information sufficient to arrange the booking, in particular:

• the surname and given name of the participant (participants);
• a contact telephone number;
• an e-mail address (if available);
• the selected tourism product or service;
• the date of travel;
• the number of participants;
• any other information necessary for the proper fulfilment of the order.

2.3. Where necessary, the Tour Operator or the Service Provider may request additional documents or information required to arrange the tourism services.

2.4. Submitting a request does not in itself guarantee a place or constitute conclusion of a contract.

2.5. A booking is deemed made only after:

• confirmation that the services can be provided;
• the booking confirmation has been sent to the Customer;
• the payment conditions, where set, have been met.

2.6. Until the booking is confirmed, the Tour Operator or the Service Provider does not guarantee:

• the availability of places;
• that the price will remain unchanged;
• that additional services can be booked.

2.7. A Customer booking for other persons confirms that they:

• act with those persons’ consent;
• are authorised to transfer their personal data;
• have informed the other participants of the terms of the Public Offer and of these Rules.

III. Prepayment and payment procedure

3.1. Once the booking is confirmed, the Customer pays within the period set by the Tour Operator or the Service Provider.

3.2. The amount of the prepayment is determined according to the type of tourism product, the terms of the service suppliers, the time remaining before the start of the trip and other circumstances, and is communicated to the Customer before the booking is confirmed.

3.3. If the required prepayment is not received within the set period, the Tour Operator or the Service Provider may:

• cancel the reservation of the place;
• propose other booking terms;
• change the price in line with the suppliers’ current prices.

3.4. Payment may be made:

• by bank transfer;
• through payment services;
• by other means not contrary to the legislation of Ukraine.

3.5. The payment obligation is deemed performed once the funds are credited to the account of the Tour Operator or the Service Provider.

3.6. Where payment is made by a third party, that party is deemed to act in the Customer’s interest unless the Tour Operator or the Service Provider is notified otherwise in writing.

IV. Booking confirmation

4.1. Once the booking conditions have been met, the Tour Operator or the Service Provider sends the Customer a booking confirmation.

4.2. The booking confirmation may be sent:

• by e-mail;
• via Viber;
• via Telegram;
• via Messenger;
• by SMS;
• by any other agreed means.

4.3. The booking confirmation may contain:

• the name of the tour or service;
• the date it takes place;
• the meeting place and time;
• the route;
• transport details;
• accommodation details (where applicable);
• the list of included services;
• information on additional payments;
• the contact details of the responsible person;
• any other necessary information.

4.4. Before the trip begins, the Customer must check that all details in the booking confirmation are correct and immediately report any errors or inaccuracies.

4.5. If the Customer has not reported the errors identified before the services begin, the Tour Operator or the Service Provider is not liable for consequences arising from the use of incorrect or incomplete data supplied by the Customer.

V. Documents provided to the Customer

5.1. Once the booking is confirmed and the payment conditions met, the Tour Operator or the Service Provider provides the Customer with the documents required to receive the tourism services.

5.2. Depending on the type of tourism product or individual service, the Customer may be provided with:

• the booking confirmation;
• an invoice;
• the tour or excursion programme;
• a voucher (where applicable);
• an information sheet about the trip;
• the contacts of the responsible person or the group leader;
• other documents required for the proper provision of the services.

5.3. The documents may be provided:

• by e-mail;
• via Viber;
• via Telegram;
• via Messenger;
• by publication in a personal account (where one is created);
• by any other agreed means.

5.4. The Customer must check that the documents received are correct and immediately notify the Tour Operator or the Service Provider of any errors or inaccuracies.

5.5. Failure to report identified errors before the tourism services begin is deemed confirmation that the documents received are correct, unless the legislation of Ukraine provides otherwise.

VI. Amendments to a booking

6.1. The Customer may request amendments to a confirmed booking.

6.2. Possible amendments include, in particular:

• a change of travel date;
• a change of tourism product;
• a change in the number of participants;
• the replacement of one or more participants;
• a change of accommodation;
• a change of room category;
• ordering or cancelling additional services;
• other amendments agreed by the parties.

6.3. Amendments are made only where technically and practically possible, and subject to agreement by the tourism service suppliers where their involvement forms part of the tourism product.

6.4. Where an amendment affects the price of the tourism product or of an individual service, the Tour Operator or the Service Provider informs the Customer of the new price before confirming the amendment.

6.5. Where the requested amendment cannot be made, the Tour Operator or the Service Provider informs the Customer and, where possible, proposes alternatives.

6.6. Amending a booking neither terminates the contract nor releases the parties from obligations already agreed, unless the parties agree otherwise in writing.

VII. Withdrawal from a booking (cancellation)

7.1. The Customer may withdraw from a confirmed booking in whole or in part before the tourism services begin.

7.2. Notice of cancellation is given to the Tour Operator or the Service Provider in writing or through the official electronic communication channels.

7.3. The date of cancellation is the date and time on which the Tour Operator or the Service Provider receives the notice.

7.4. Where the notice arrives outside business hours, the day of receipt is deemed to be the next business day, unless the Tour Operator or the Service Provider confirms otherwise.

7.5. In the event of partial cancellation (a reduction in the number of participants, withdrawal from individual services and so on), the price is recalculated according to the terms of the specific tourism product and the costs actually incurred.

7.6. Failure by the Tourist to arrive at the place where the tourism services begin, without prior notice, is treated as cancellation on the day the services begin and carries the consequences set out in these Rules.

VIII. Refunds

8.1. Refunds are made in accordance with the terms of the Public Offer, these Rules, an individual contract (where one exists) and the legislation of Ukraine.

8.2. In determining the amount to be refunded, account is taken of:

• the costs actually incurred and documented;
• the terms of the tourism service suppliers;
• the time remaining before the trip begins;
• the nature of the tourism product;
• other circumstances material to the performance of the contract.

8.3. Where, at the time of cancellation, the Tour Operator or the Service Provider has already paid third parties (hotels, carriers, insurance companies, museums, excursion sites, catering establishments or other suppliers), such costs are taken into account in determining the refund amount, to the extent permitted by the legislation of Ukraine.

8.4. Refunds are made by the same method as the payment, or by another method agreed by the parties, provided this does not contravene the legislation of Ukraine.

8.5. Refunds are made once the Customer has provided all the details and documents that may be required to process the refund.

8.6. Where the tourism services have been provided in full, the sums paid are non-refundable, save in the cases expressly provided for by the legislation of Ukraine or by a separate written agreement between the parties.

IX. Costs actually incurred

9.1. In the event of cancellation of a booking or amendments to it, the Tour Operator or the Service Provider may retain from the amount to be refunded the costs actually incurred and documented, unless the legislation of Ukraine provides otherwise.

9.2. Costs actually incurred may include, in particular:

• the cost of booking accommodation;
• transport costs;
• insurance premiums;
• the cost of tickets;
• the services of excursion sites;
• the services of guides, tour guides and group leaders;
• bank charges and payment service fees (where these are non-refundable);
• other costs directly connected with performing the order.

9.3. Where a tourism service supplier does not refund the Tour Operator or the Service Provider under the terms of its contract or booking rules, this circumstance is taken into account in determining the amount refundable to the Customer, to the extent permitted by the legislation of Ukraine.

9.4. At the Customer’s request, the Tour Operator or the Service Provider provides a justification of the calculation of the costs actually incurred, to the extent that this does not breach confidentiality obligations under contracts with service suppliers.

9.5. Costs actually incurred may also include reasonable organisational and administrative costs directly connected with processing the order, making the booking, dealing with tourism service suppliers, amending the booking, cancelling it and processing the refund, where such costs have actually been incurred by the Tour Operator or the Service Provider.

9.6. Indicative amount of the costs actually incurred.

Unless otherwise provided by the tour programme, a commercial proposal, the booking confirmation or a separate contract, the parties agree that, in the event of cancellation of a booking, the costs actually incurred by the Tour Operator (Service Provider) in connection with organising the tourism product will as a rule amount to:

• 10% of the price of the tourism product - where cancellation occurs more than 2 calendar days before the tour begins;
• 50% of the price of the tourism product - where cancellation occurs less than 2 calendar days before the tour begins;
• 100% of the price of the tourism product - where the Tourist fails to arrive at the place where the tourism services begin without prior notice (No Show), unless the legislation or the terms of the specific tourism product provide otherwise.

These amounts represent the parties’ pre-agreed estimate of the typical organisational and other costs actually incurred in performing the order.

9.7. Where the costs actually incurred are lower or higher than these indicative amounts because of the particular features of a specific tourism product or the terms of the tourism service suppliers, the Tour Operator (Service Provider) may calculate them on the basis of the costs actually incurred, providing a justification at the Customer’s request.

X. Cancellation of a tourism product, or a change of material terms, by the Tour Operator or the Service Provider

10.1. Where a tourism product or an individual tourism service cannot be provided, the Tour Operator or the Service Provider informs the Customer without delay.

10.2. In such a case the Customer may be offered:

• another tourism product;
• another date of travel;
• another route;
• other equivalent or alternative services;
• a refund of the sums paid, in the manner prescribed by the legislation of Ukraine.

10.3. Where the material terms of the tourism product change, the Customer may accept the proposed changes or decline them.

10.4. Where the Tour Operator or the Service Provider cancels the tourism product for reasons unconnected with the Customer’s acts or omissions, refunds are made in accordance with the legislation of Ukraine and the terms of this document.

10.5. A change in the departure time, in the order in which tourist sites are visited, in the sequence of excursions, in the vehicle, in the group leader or in the guide is not regarded as a change of the material terms of the contract, provided it does not materially impair the tourism product.

XI. Force majeure

11.1. The parties are released from liability for the total or partial non-performance of their obligations where such non-performance results from force majeure circumstances that arose after the contract was concluded and that the parties could not have foreseen or avoided.

11.2. Force majeure circumstances may include, in particular:

• military action;
• acts of terrorism;
• emergency situations;
• natural disasters;
• fires;
• floods;
• earthquakes;
• epidemics;
• pandemics;
• strikes;
• decisions of public authorities;
• the closure of state borders;
• other circumstances having the characteristics of force majeure under the legislation of Ukraine.

11.3. A party unable to perform its obligations because of force majeure must notify the other party within a reasonable period.

11.4. Where force majeure circumstances arise, the parties make efforts to agree an alternative means of performing the contract, in particular by postponing the date of travel, changing the route or changing other terms.

XII. Particular features of corporate orders

12.1. Individual booking, payment, amendment, cancellation and refund terms may be set for corporate tourism programmes, incentive tours, business events, team-building programmes and other group orders.

12.2. Where the terms of a corporate contract differ from these Rules, the terms agreed by the parties in that contract or commercial proposal apply.

12.3. The customer of a corporate programme must provide, in good time, information on the composition of the participants, any special requirements and other details necessary for the proper organisation of the event.

XIII. Final provisions

13.1. These Rules take effect on the date of their publication on the official website of Pro Karpaty Tourist Company LLC and remain in force until withdrawn or replaced by a new version.

13.2. The Tour Operator and the Service Provider may amend these Rules. A new version applies to bookings made after the date of its publication, unless the legislation of Ukraine provides otherwise.

13.3. If any provision of these Rules is held invalid or inapplicable, this does not affect the validity of the remaining provisions.

13.4. In matters not governed by these Rules, the parties are guided by the Public Offer, the terms of the booking confirmation, an individual contract (where one exists) and the legislation of Ukraine.

13.5. The current version of these Rules is published on the official website of Pro Karpaty Tourist Company LLC.

XIV. Special terms of participation in tours and excursions

14.1. Arrival at the meeting point. The Customer (Tourist) must arrive at the designated meeting point no later than 10-15 minutes before the departure time, unless a different time is stated in the tour programme or the booking confirmation.

14.2. If the Tourist is late, the vehicle is not obliged to wait where the delay may disrupt the tour programme or the rights of other participants.

14.3. Failure by the Tourist to arrive at the meeting point without prior agreement is regarded as voluntary withdrawal from the tourism product (No Show), unless the parties agree otherwise.

14.4. Conduct during the trip

The Tourist must:

• comply with the legislation of Ukraine and of the country of stay;
• follow the lawful instructions of representatives of the Tour Operator and the Service Provider, group leaders, drivers, guides and other responsible persons;
• respect the rights of other participants;
• observe safety rules during excursions, hikes, active recreation and other activities.

14.5. The Tour Operator or the Service Provider may refuse the Tourist further participation in the tourism activity, without compensating the value of the unused services, where their conduct:

• endangers the life or health of others;
• shows signs of aggressive or unlawful behaviour;
• involves intoxication by alcohol, drugs or other substances that obstructs the running of the tour;
• results in damage to property;
• materially breaches public order or obstructs the running of the tourism activity.

14.6. Personal belongings

The Tourist is solely responsible for keeping safe their own documents, money, luggage, electronic devices and other personal belongings.

The Tour Operator or the Service Provider is not liable for their loss, damage or theft, unless the legislation of Ukraine provides otherwise.

14.7. Luggage

Luggage is carried subject to the technical capacity of the vehicle.

Where the permitted volume or weight of luggage is exceeded, the Tour Operator or the Service Provider may refuse to carry it or propose separate carriage terms.

14.8. Children

Minors take part in tours in accordance with the requirements of the legislation of Ukraine.

Responsibility for the conduct and safety of minor participants and for their compliance with these Rules rests with their parents, legal representatives or accompanying persons.

14.9. Pets

Participation in tourism activities with pets is permitted only by prior agreement with the Tour Operator or the Service Provider.

14.10. Changes to the programme

The Tour Operator or the Service Provider may change:

• the route;
• the order in which tourist sites are visited;
• the start time of individual activities;
• the vehicle;
• the guide or the group leader,

where such changes are dictated by safety requirements, weather conditions, technical reasons, decisions of the authorities or other objective circumstances, and do not materially impair the tourism product.

14.11. Where a danger to the life or health of participants arises, the Tour Operator, the Service Provider or the group leader may change the route, shorten the programme or discontinue individual activities without prior agreement with the Customer.

14.12. The Tourist must independently assess their own state of health and physical fitness before taking part in active routes, hikes, ascents, cycling, water, horse-riding, jeep tours and other activities requiring appropriate physical fitness.

14.13. Where the Tourist has concealed circumstances that may endanger their own safety or the safety of other participants, the Tour Operator or the Service Provider may refuse them participation in individual activities without any obligation to compensate the value of those activities, unless the legislation of Ukraine provides otherwise.