Offer
The public offer contract for the provision of services for the organization of hiking programs, trips, trips, itineraries and events.
GENERAL PROVISIONS
1.1. This Agreement is an official offer (public offer) of an individual-entrepreneur Yasko Kyryl Serhiyovych (hereinafter referred to as the "Organizer"), acting on the basis of the current legislation of Ukraine (entry number and the Unified State Register of Legal Entities and Individuals: 20670000000139976, date of entry: 03/04/2006), and contains all essential terms of the agreement for the provision of services for the organization of group programs hikes, trips, trips, routes, activities, rental of tourist equipment (hereinafter - "Services"), specified on the website https://outdoorukraine.com, and which are included in the list of what is or is not included in the price.
1.2. In case of acceptance of the conditions defined below, the natural person who has accepted this offer becomes a Client (acceptance of the offer is equivalent to concluding a contract on the terms specified in the offer).
1.3. By accepting this offer, the Client confirms his legal capacity and legal capacity, reaching the age of 18, as well as the Client's legal right to enter into contractual relations with the Organizer.
1.4. The place of conclusion of the Agreement is determined in accordance with Article 647 of the Civil Code of Ukraine (hereinafter - the Civil Code of Ukraine).
1.5. The Client gives his consent to the Organizer's processing of his personal data: collection, systematization, accumulation, storage, clarification (change) for the purpose of this Agreement in accordance with the Law of Ukraine "On the Protection of Personal Data" No. 2297-VI dated June 1, 2010.
TERMS AND DEFINITIONS
2.1. The organizer is a natural person-entrepreneur Yasko Kyrylo Serhiyovych.
2.2. The client is a legally competent natural person who has reached 18 years of age and has the legal right to enter into contractual relations with the Organizer, who has accepted the offer and is thus a party to the Agreement.
2.3. Public Agreement - the Organizer's proposal (presented on the Site), addressed to an unspecified circle of individuals to conclude this Agreement under specified conditions (Article 633 of the Civil Code of Ukraine).
2.3.1. An offer (hereinafter - "Offer", "Contract") is an offer that contains all the essential terms of the contract and expresses the intention of the person who made it to consider himself bound in the event of its acceptance (Part 1 of Article 641 of the Civil Code of Ukraine).
2.4. Acceptance of an offer is the response of the person to whom the offer to conclude a contract is addressed, about its acceptance, the response must be complete and unconditional (Part 1 of Article 642 of the Civil Code of Ukraine). A person who received an offer to conclude a contract, within the time limit for a response, performed an action in accordance with the terms of the contract specified in the offer (filling out an application on the website https://outdoorukraine.com, paying for services, etc.), which certifies his desire to conclude a contract, this action constitutes acceptance of the offer, unless otherwise specified in the offer to conclude a contract or established by law (Part 2 of Article 642 of the Civil Code of Ukraine).
2.5. The website (hereinafter - the "Site") is an open for free visual examination, a publicly available resource, located on the Internet at https://outdoorukraine.com, which provides information on the conditions for providing the services described in the contract.
2.6. The contract is an accepted offer between the Organizer and the Client for the provision of services (clause 1.1.) on the terms specified on the website http://www.OutdoorUkrine.com
2.7. The application is an online order form duly completed by the Client for receiving services selected on the Organizer's website, according to their cost.
2.8. The cost of services is the current systematized list of the Organizer's services with prices, published on the website https://outdoorukraine.com
SUBJECT OF THE CONTRACT
3.1. The Organizer undertakes to provide the Client and other persons specified in the Application (with their consent) with services in accordance with Clause 1.1. Offers.
3.2. The contract is considered concluded after acceptance of the offer from the moment the Client confirms his agreement with its terms, by filling out the Application on the website https://outdoorukraine.com, as well as prepayment/payment of the Services, provided the Organizer confirms the possibility of booking a place in the group (clause 4.5.). After that, the Offer is considered the basic document in the official relationship between the Client and the Organizer.
3.3. The organizer has the right to change the cost of services by ensuring the publication of the changed conditions on the Site. In the case of an advance payment by the Client, in accordance with clause 8.3. Contract, until the price changes, the cost of the service for him will remain the same.
3.4. The Organizer has the right at any time at its discretion to change the terms of this Offer or to withdraw it, ensuring the publication of the changed terms on the Site. If, after changes in the terms of the Offer, the Client continues to use the Organizer's services and makes payment for them, this means the Client's full and unconditional acceptance and agreement with such changes. However, if the Organizer made changes after the Client's acceptance, then such changes cannot be applied by the Organizer if the Client declares that these changes limit his rights or give him additional obligations compared to the conditions that were in effect at the time of acceptance by the Client.
3.5. The Organizer has the right to refuse to perform the services (s) under this Agreement, before the end of the service provision period, by informing the Client about this and returning the funds paid (sent) by the Client to the Organizer, in the event of unforeseen situations related to the organization of service provision, interaction with the Organizer's counterparties, and also, in the event that the Client does not meet the requirements for event participants, his participation will put the life and health of others at risk participants, in case of lack of technical possibility for the Organizer to adapt conditions for the Client individually.
PROCEDURE FOR PROVIDING SERVICES
4.1. In order to use the Organizer's services, the Client must select the required service on the Site, read the terms and conditions, click the "Submit application" button, enter the necessary data in the empty fields and click the "Submit application" button. Wait for confirmation of the Application (clause 4.5.).
4.2. The period of provision of services chosen by the Client under this Agreement is specified in the Application.
4.3. If, together with the Client, other persons receive services under this Agreement, for which the Client pays, their personal data shall be indicated in the Application. The Client guarantees that he has the authority to execute the agreement in the interests of the persons specified in the application, and undertakes to convey to them the content and conditions of this Offer and all information provided by the Organizer to the Client. The persons indicated in the Application agree to the terms of this Offer and accept the fulfillment of all obligations that fall upon them after acceptance of the offer, including obligations to comply with safety rules.
4.4. If it is necessary to provide the Client and/or the persons specified in the application with other services not specified in clause 3.1. of this Agreement, such services can also be provided to the Client by individual agreement with the Organizer. The organizer has the right to refuse to provide additional services.
4.5. Within three working days from the moment of receiving the Application, the Organizer confirms by phone or e-mail specified by the Client when completing the Application using the Site, the receipt of this Order, as well as the possibility of its execution and the Final cost of services. After confirmation of the Order, the Client makes an advance payment, in accordance with Clause 8.4. of this Agreement. In the absence of payment from the Client, the order is not considered accepted.
4.6. The Organizer may, at its discretion, change the final cost of Services by introducing a bonus payment system for Services, special prices for offers, discounts, etc. Such changes are agreed with the Client.
4.7. The Client's prepayment/payment of the cost of the Services indicates that he has read and accepted the real Offer and its appendices, which are available for public viewing. After the Client makes a prepayment/payment of the cost of the Services, the Agreement is considered concluded.
OBLIGATIONS OF THE ORGANIZER
5.1. To provide the Client and the persons specified in the Application with the services provided for in clause 1.1. (Services for the organization of programs of group hikes, trips, trips, routes, events, rental of tourist equipment, indicated on the website https://outdoorukraine.com, and which are included in the list of what is included or not included in the price).
5.2. No later than 2 (two) days before the beginning of the period of provision of Services specified in the Application, provide the Client with information about the guide/instructor, his contact details, the exact place, date and time of the meeting of the organized group. If the Client has not received information about the guide/instructor within the specified period, he is obliged to inform the Organizer about this.
5.3. After completion of the Service, send a letter to the Client's e-mail to control the quality of the Services provided.
OBLIGATIONS OF THE CLIENT
6.1. Pay for the Organizer's Services in accordance with the procedure provided for in this Agreement.
6.2. Participation in the program of a minor is possible only if it is provided for by the program of the Service specified on the Site. In case of participation in the program by a minor specified in the Application, when concluding the Agreement, the Client is obliged to draw the Organizer's attention to the presence of a minor in the group, as well as to ensure the presence in the group of participants of the program who are the legal representatives of the minor or another escort who has a power of attorney from the legal representatives of the minor to accompany him. The legal representative or accompanying person is obliged to have all the documents necessary for the unimpeded participation of a minor in the program, in accordance with the requirements of the current legislation of Ukraine and/or the countries on whose territory the program takes place.
6.3. After submitting the Application, but before making the payment, inform the Organizer if the Client or the persons specified in the application are not residents of Ukraine.
6.4. Familiarize yourself with the Services program. Compare the level of difficulty with your physical fitness. In case of inconsistency, refuse to participate or increase the level of physical fitness (for example, sports, jogging, etc.).
6.5. The client and the persons specified in the Application must carry a passport, health insurance policy and other documents necessary for participation in the program for the entire period of provision of Services.
6.6. In a timely manner, provide the Organizer with all the documents requested by the Organizer, necessary for organizing the participation of the Client and the persons specified in the Application in the program.
6.7. The client and the persons specified in the Application are prohibited from consuming alcoholic beverages and narcotic substances starting from the day preceding the day of the start of services until the end of the event.
6.8. The client and all participants of the program must follow the rules of personal safety, including safety instructions. The client and all program participants must familiarize themselves with the safety requirements posted on the Site in this section.
6.9. The client and all participants of the program must follow the instructions, requirements and recommendations of the guide/instructor.
6.10. The client and the persons specified in the Application undertake to perform bivouac work (work at a halt) (installing tents, lighting a fire, cutting firewood, helping in cooking, etc.), if such work is needed. During bivouac work (work at a standstill), be careful when using an ax, saw and other objects that can cause harm to health or life, and if you do not have the appropriate skills, refuse work that requires the use of such objects.
6.11. During the period of provision of Services, timely inform the guide/instructor of the group about deterioration of health or injury (even at first glance insignificant).
6.12. The client and all members of the group must treat the property of the Organizer and third parties with care, as well as treat nature with care, including ensuring the preservation of the place of stay in the form and condition it was in before use (absence of garbage, etc.).
6.13. After the end of the program, return the equipment and other property to the Organizer, if it was transferred during the period of provision of Services to the Client and the persons specified in the Application, in the condition in which they received it.
EXCHANGE OF INFORMATION. CLIENT WARRANTIES
7.1. The client is informed and aware that the number of free seats in the organized event is limited, and at the time of acceptance of this Offer, there may be no free seats.
7.2. The Client is informed and aware that the organized Service is possible only with the participation of the minimum required number of participants. Information on the minimum required number of participants for each event is posted on the Organizer's website.
7.3. If at the time of Acceptance of the Offer there are no free places for the Service, the Organizer either offers the Client a replacement for another Service, or refunds the money in full.
7.4. The Organizer informs the Client about the progress of recruiting a group for the Service. If the minimum required number of participants is not reached, the Organizer reserves the right to terminate the Agreement unilaterally, without applying any penalties to it by the Client and the persons specified in the Application, and returns the Client the money for the paid Services in full.
7.5. In the event of the occurrence of the circumstances specified in Clause 3.4 of this Agreement, the Organizer reserves the right to terminate the Agreement and return the Client's money for the paid Services in full.
7.6. The client is informed and understands that if the program provided for in this Agreement (for example, a hike) is based on long-term contact with wildlife, then it carries relevant risks and dangers, including, but not limited to:
- Contact with wild creatures and possible inheritance of injuries and other harm is healthy;
- Rafting on rivers with strong currents, other contacts with water objects in extreme minds;
- The severity of an accident caused to health and other unpleasant effects in connection with the weather minds or other insurmountable forces of nature (bites from mosquitoes, contacts with plants and ін.);
- Inshy risks, inspired by the extreme nature of the program.
7.7. The client is informed about the availability of compulsory medical insurance and the requirement to obtain additional medical insurance during the trip (in the order of voluntary medical insurance) and life and health insurance (for Foreign communities have taken out medical insurance for an hour of service and compulsory medical insurance). Insurance is responsible for the type of entry. The Client is notified that any losses incurred in the event of an insurance claim will fall on the Client.
7.8. The client informs that when traveling outside of Ukraine, it is strongly recommended to take out medical insurance for the hour of travel outside of Ukraine, if you are traveling outside the border of the border crossing of the program route, and that when the insurance period occurs, you will spend kicking at the Client.
7.9. The Client guarantees good health of each and every person assigned to the Applicant, which allows for extreme prices, including (without interfering with) the availability of the person or person assigned to him. in the Applicant, chronic illness, as well as other medical contraindications until the time of the organizer of the Service, including allergies, contraindications until changes in climate and weather patterns, food style, etc., the presence of any other illnesses and/or health conditions that require regular medical care or medical assistance.
7.10. The client is notified of the need to undergo preventive measures in advance of the international medical authorities, if he intends to go to the place/local area or at the edge of the hourly overflow, where he can succumb to the increased risk of infectious diseases.
7.11. The Client informs that specific patients (allergic, asthmatic, hypertensive, diabetic, etc.) must be taken with them, as such patients are needed by the Client.
7.12. The client must be aware of the safety precautions and rules of conduct for participating in the program, familiarize himself with the list of speeches required for participation in the program (list of recommended special procedures) and ensure the presence of such a dispute on the part of the Applicant at the time of assignment of the Service.
7.13. By accepting this Offer, the Client, as well as the individuals nominated in the Applicant, determine their written benefit: the correctness of their personal data by the Organizer is consistent with the legislation of Ukraine, as well as their names, Names, according to father, phone numbers and/or other data will be transferred to the guide/instructor and group participants, which is due to the organizational need created by the Service program (clause 1.1.).
7.14. The parties agreed that from the moment of acceptance of this Offer and the signing of the Agreement, they recognize the legal force of signed and scanned documents transmitted by electronic mail (e-mail), and recognize their equivalent documents on paper wears signed with a handwritten signature. The parties recognize the equal legal force of a hand-written signature and a facsimile signature (created mechanically using clichés).
ORDER OF ROZRAKHUNKIV
8.1. The collection of services, necessary arrangements and additional services presented on the Website https://outdoorukraine.com - indicate Pidsumkov’s authority to serve under this Agreement. The Organizer informs the Client about the settlement of discounts, special provisions, etc.
8.2. A place in the group for the provision of organized services is reserved only after an advance payment has been made.
8.3. After submitting and confirming the Application, the validity period (clause 8.1.) is fixed for 7 (seven) days. If an advance payment is not made during this period (7 days) (clause 8.4.), then in case of further changes in the status on the Site, the payment status assigned on the Site at the time of making the advance payment will remain unchanged.
8.4. An advance payment of no less than 30% of the cost of the Services is paid by the Client from the moment the Organizer confirms the Application, subject to clause 3.2. given to the Agreement. The payment for the Services specified in the Application is fully paid by the Client no later than 14 (fourteen) days before the commencement of the Services. The parties have the right to establish a different disbursement procedure for mutual benefit. In any case, it is always possible for the Services to be paid by the Client no later than the day on which the Services are due.
8.5. Disbursements between the Organizer and the Client are in hryvnias. Payment can be made using one or more of the following methods:
- unprepared payment for the Organizer's account (clause 12);
- payment of pennies to the Organizer's cash desk.
RANGE OF STORIES
9.1. The parties bear responsibility for the illegal or illegal violation of their claims in accordance with the law of Ukraine.
9.2. The Client accepts full responsibility for all possible risks and inheritances specified in paragraphs. 6.1. - 6.13. given to the Agreement.
9.3. The organizer is responsible for the registration of paragraphs. 5.1. - 5.3. given to the Agreement.
9.4. The organizer is not responsible for shortening the program or changing the route due to weather or other natural reasons, changing the physical condition of the group participant(s) or for other objective reasons that are more difficult impossibility of continuing programs, including due to inconsistency in the delivery of services to the Client and his subjective assessment. In case of any disruption, the Service will not be affected by the Organizer.
9.5. The organizer and the guide/instructor are not responsible for the actions of others, including illegal ones, and the consequences of such actions (hooliganism, theft, causes of death/injury).
9.6. The organizer does not bear responsibility, does not return the money and does not pay compensation for the inability to organize the Service or other negative legacies that result from:
- inaccuracy, insufficiency and/or inappropriateness of the Client providing information and documents necessary for the execution of the Agreement;
- asked or change the time of delivery flights and trips;
- independent change by the Client of service providers, which resulted in additional costs (change of accommodation, excursion programs, transfers, late arrivals, no-shows, etc.);
- waste, theft of special luggage, valuables and documents of the Client and especially taken from the Applicant during the travel period;
- decision, action (lack of action) of the authorities of the region and other people.
9.7. In case of violation by the Client and/or persons appointed in the Application in accordance with the order, committing hooligan acts or allowing other improper conduct, as well as in case of violation by the Client and persons appointed in the Application, the terms of the Agreement, including numbers, without interfering: appearances up to the beginning of the program in the camp of alcohol and/or drug abuse, abuse of alcohol during the period of employment, violation of the laws of the countries and safety rules, as well as other minds of the Treaty, causing harm The Organizer and third parties, the Organizer has the right to pre-emptively enforce the dispute, to force the termination of their claims (to be seen as their termination) without repaying the Client a penny. In which case the service is not paid due to the fault of the Client, all charges incurred are borne by the Client.
9.8. The Client shall submit claims to the Organizer and third parties, whether brought by him or by persons appointed to the Application, including charges related to disputes or other issues of the Organizer; damages, due to the results of violations by himself or by persons designated in the Application by the legislation of the country of origin (including claims to compensate for any fines, payments by the Organizer, guide/instructor or other persons inherited from the Client’s offense or those included in the Application).
9.9. If there are any discrepancies between the Client and the Organizer, the parties must report their best efforts in order to resolve the conflict situation through negotiations and in a peaceful manner.
9.10. In the event of any claims or disputes, the Client and the person assigned to the claim must contact the Organizer’s representative or the guide/instructor to resolve any controversial situations or problems. We went to town. In the event of such an imbalance in the appointment of the Applicant during the period of provision of Services, the Organizer's duties are respected in the proper manner and without complaint.
9.11. If the reason that the Client's claims are related to the Organizer's obligations under this Agreement could not be resolved on the spot, the Client is obliged to complain in writing to the Organizer extending 20 calendar days from the moment of completion of the program, with the addition of documents that confirm the claims. The claim is reviewed within 10 calendar days.
9.12. If no settlement is reached as a result of negotiations, the dispute will be resolved in court at the local authority of the Organizer.
9.13. All expenses associated with pre-line participation in the organized service, including expenses for the emergency evacuation of a participant from the route due to raptovogo contagion, an accident, a third-party In the event of any subsequent violation of the Agreement, the responsibility falls on the Client.
9.14. The client is responsible for the correctness and validity of his documents to identify the person, and other documents and data necessary for the trip and participation in the program, as well as the reliability of the information in the documents to identify the person(s) nominated by the Client in the Application.
9.15. Whenever a minor participates in the organization of a service, the payment for which is paid by the Client is responsible for the safety of the minor, for the establishment of rules, including safety techniques and rules of behavior during the hike/entry carried by the Client.
TERM II, CHANGE AND DISRUPTION OF THE AGREEMENT
10.1. This Offer Agreement comes into force from the moment of its Acceptance, payment by the Client and further confirmation by the Organizer of the actual possibility of accepting the Application, and is valid until the moment of acceptance by the Organizer The requirement to provide services to a full-time obligation is subject to this Agreement and Applications.
10.2. Once the Agreement has been terminated with the Organizer's initiative, due to the transfer of the mental Agreement to this Agreement and the legislation of Ukraine, a penny has been paid for non-delivery of Services to the Client in full obligation.
10.3. Whenever a person is involved in this Agreement, the money contributed is returned to the Client without accounting for expenses incurred by the Organizer related to the security of the minds of this Agreement, including administrative expenses. The amount due is determined by the payment term for which Client is provided with the services of the Organizer, as a percentage of the value of the services becomes:
- for daily travel from the moment the contract is concluded up to 30 days - 20% of the total price of services; - 40% of the final profit of services;
- for a single trip within 14-7 days before departure - 80% of the final profit of services;
- for for travel within less than 7 days or no-show - 100% service charge;
The Organizer's expenses are related to the immediate payment of third parties' services, after the Agreement has been established (clause 3.2.), which organizes various stages of the program (hotel reservations, payment of travel receipts, disputes, otherwise) and anything directly related to the organization and implementation of programs for the Client, shall be compensated by the Client in full, regardless of the amount charged in the Transfer Payment Terms Clause 10.3., for the return of the penny money paid by the Client shall be determined by the parties to this Agreement.
FORCE MAJEURE
11.1. Sometimes there are circumstances of insurmountable force that could not be transferred and accommodated by reasonable actions of the Organizer or the Client (strikes, natural disasters, weather damage, military actions, regulations of the authorities, etc. to the end of this Treaty, epidemics, terrorist acts or the threat of terrorist acts, restrictions on air travel in this direction and other similar situations that are brought to the end of this Treaty), skin The Party has the right to terminate the Agreement based on the contents of the assets transferred by this Offer.
ORGANIZER'S DETAILS
FOP YASKO KIRILOSERHIYOVYCH
Otrimuvac code: 2923804873; Rakhunok otrimuvacha 26002050311353 Bank name AT CB "PRIVATBANK" Bank code (MFO) 305299
Addresses: Ukraine, 02183, metro station Kiev, General Vatutina Avenue, 26, apt. 95
Tel.: +38 (097) 3278698,
Identification number 2923804873; Number in EDR 20670000000139976
Single tax payer of group III (not a payer of the PDV)
This document is a proposal to the Client(s) on the side of the Organizer to enter into an agreement on the basis of their understanding (Offer). This form of agreement does not require signature. The Client accepts the offer and confirms his decision in accordance with the Agreement. This is recognized as acceptance of the valid offer.