PUBLIC OFFER CONTRACT
PUBLIC OFFER CONTRACT
for the provision of tourist services
This Agreement is an official offer (public offer) for the provision of tourist services between:
A natural person-entrepreneur Yevseichyk Kateryna Yuriivna (hereinafter - the Executor), on the one hand
to individuals who are registered on the Internet at the website https://www.ukr-scandinavian.org/ (hereinafter - "Customer"),
which together are referred to as the "Parties", and each individually as a "Party",
Actions by the Customer with ordering of tourist services defined by this Agreement are carried out on the platform https://www.ukr-scandinavian.org/.
I. DEFINITION OF TERMS
1.1. The website is open for free visual inspection, a publicly available resource owned by the Performer and placed on the Internet at the address https://www.ukr-scandinavian.org/, which ensures the display of information about the tourist service provided to the Customer:
1.1.1. cost of travel;
1.1.2. date, start and end time of the trip;
1.1.3. price and payment procedure;
1.1.4. characteristics of vehicles carrying out transportation;
1.1.5. description of other related and additional services that are included in the price.
1.2. The contract of the offer is the contract for the provision of tourist services between the Contractor and the Customer, which is concluded by accepting the offer.
1.3. Acceptance of the offer is full and unconditional acceptance of the terms of the offer by taking actions by the Customer that express the intention to use the Contractor's website for the registration of its services.
1.4. Order - the Customer's request for travel services selected by him on the Website.
1.5. Tourist service is a set of services provided to the Customer and may include:
1.5.1. booking and registration of air tickets;
1.5.2. booking, arranging rooms and accommodation in hotels, hostels, camping sites, etc.;
1.5.3. booking and ordering transport services;
1.5.4. transportation of the Customer;
1.5.5. other services not related to transportation and accommodation (organization of visits to objects of culture, recreation and entertainment, sale of souvenir products, etc.).
II. SUBJECT OF THE OFFER
2.1. The Contractor ensures the implementation of tourist services in accordance with the Customer's Order, and the Customer undertakes to pay for such services in accordance with the procedure specified in this Agreement.
2.2. This public contract-offer is considered concluded (acceptance of the offer) from the moment the Customer confirms his agreement with its terms by clicking the "Send" button, at the stage of placing the Order by filling out the Questionnaire and ticking the box indicating "By registering, I agree to the terms of the public contract- offers". After performing the specified actions, this public contract-offer is considered the basic document in the official relationship between the Customer and the Contractor.
III. TERMS AND CONDITIONS OF ORDERING, CONFIRMATION AND SERVICE PAYMENT
3.1. After getting acquainted with the information on the terms of providing tourist services, which is posted on the Website, the Customer places an Order for the services chosen by him. Such an order is made by the Customer on the Website by filling out the Questionnaire posted on it.
3.2. In the process of placing an Order by filling out the Questionnaire, the Customer indicates the following personal data and consents to their processing in accordance with the requirements of the Law of Ukraine "On the Protection of Personal Data":
● surname, first name, patronymic
● date of birth;
● mobile phone;
● level of Norwegian language proficiency.
3.3. Ordering the selected tourist service is completed by clicking the "Send" button at the end of the Questionnaire, which confirms that you have read the terms of this contract-offer and the following information:
3.3.1. travel details and program;
3.3.2. the date and time of the start and end of the trip;
3.3.3. price and payment method;
3.3.4. characteristics of vehicles;
3.3.5. rules of application, terms of return, cancellation or exchange of the selected tourist service.
3.5. After placing the order within one calendar day, the Contractor must send confirmation of the order to the Customer's e-mail address, which was specified by him in the Questionnaire, as well as information about the payment of the tourist service selected by the Customer.
3.6. The confirmation of the Order of the selected tourist service is the confirmation of the payment of the cost of the service specified in clause 3.7.1 of this Agreement.
3.7. Payment by the Customer of tourist services under this Agreement is made in the following order:
3.7.1. 30% of the cost of tourist services - within 1 calendar day from the moment of receipt of the order confirmation letter specified in Clause 3.5 of this Agreement;
3.7.2. 40% of the cost of tourist services - no later than March 10, 2022. If the Customer has not made payment in the amount and within the terms specified in this clause, the Customer's order will be canceled, and the funds paid, in accordance with Clause 3.7.1 of this Agreement, will not be returned;
3.7.3. 30% of the cost of tourist services - no later than May 17, 2022. If the Customer has not made payment in the amount and within the terms specified in this clause, the Customer's order is canceled, and the paid funds, in accordance with clauses 3.7.1 and 3.7.2 of this Agreement, are not returned.
3.8. The Customer makes payment for the tourist service in non-cash form to the Contractor's bank details.
3.9. Tourist services are provided by the Contractor in full, subject to payment by the Customer of the full cost of tourist services.
3.10. The contractor has the right to refuse to provide the tourist service that was ordered and paid for by the Customer, if by March 10, 2022, the Order will be confirmed by making payment in accordance with the procedure specified in Art. 3.7 of this Agreement (full or partial) less than 3 (three) other Customers. In this case, the money for the tourist service paid by the Customer is returned by the Contractor to the Customer in full.
3.11. If the tourist service cannot be provided to the Customer by the Contractor for reasons other than those specified in Clause 3.10 of this Agreement, the Contractor is obliged to notify this in writing by sending an e-mail to the Customer's e-mail with justification of the reasons no later than 14 days before the date provision of tourist services. In this case, the money for the tourist service paid by the Customer is returned by the Contractor to the Customer in full.
IV. OBLIGATIONS OF THE PERFORMER
4.1. The performer undertakes:
4.1.1. through the Website and by sending a letter to the Customer's e-mail, to provide the Customer with all the necessary information regarding the tourist service;
4.1.2. immediately in writing by sending a letter to the e-mail to inform the Customer about the circumstances that prevent the provision of tourist services or slow down its implementation;
4.1.3. to contribute to the protection of the interests of the Customer in case of failure to provide or improper provision of tourist services due to the fault of counterparty companies;
4.1.4. appoint responsible persons who will resolve issues related to the execution of this contract-offer;
4.1.5. confirm the payment of the tourist service by sending a notification letter to the Customer's e-mail;
4.1.6. to inform the Customer by e-mail or phone, in case of impossibility to provide tourist services due to force majeure circumstances beyond the Contractor's control.
V. LIABILITY OF THE PARTIES
5.1. The Executor and the Customer are responsible for non-fulfillment or improper fulfillment of obligations under this public offer contract in accordance with the current legislation of Ukraine.
5.2. The contractor is not responsible in the following cases:
5.2.1. for impossibility of servicing the Customer for any reasons beyond his control, including disruption of communication lines, equipment malfunction, etc.;
5.2.2. for non-observance by direct service providers or their representatives of booking conditions and rules of tariff application, as these conditions and rules are at the sole discretion of such providers;
5.2.3. for the Customer's missed opportunity to consume paid tourist services, which arose as a result of a change in the Customer's plans;
5.2.4. for damages caused to the Customer or the Customer by third parties during the trip;
5.2.5. for keeping the Customer's luggage;
5.2.6 damage caused to the Customer's health, property, luggage due to the fault of the Carrier;
5.2.7. damages caused to the Customer in case of cancellation of the flight by the Carrier, change of departure/arrival time of the Carrier's vehicles.
All claims and lawsuits related to the improper provision of transport services are presented directly to the Carrier, in accordance with the Rules for the provision of services for passenger road transport, the Rules for the air transport of passengers and baggage, the Rules for sea transport of passengers and baggage.
5.3. The Contractor shall not be liable to the Customer and shall not refund the cost of tourist services paid in accordance with Clause 3.7 of this Agreement for:
5.3.1. late, incomplete or incorrect service payment;
5.3.2. for non-appearance or lateness of the Customer for registration at the specified place of departure;
5.3.3. for non-compliance by the Customer with the rules of conduct established by the Carrier;
5.3.4. if the Customer does not have a properly issued foreign passport or other documents necessary for travel;
5.3.5. removal of the Customer from the flight during customs and border control, as well as by order of local authorities or other institutions, organizations.
5.3.6. inconsistency of the tourist service with unreasonable expectations of the Customer and their subjective assessment;
5.3.7. inability of the Customer to use the ordered tourist service for reasons of violation of law and order, causing damage (disturbing) to the environment, others, including as a result of the Customer being in a state of alcohol intoxication or violating other rules of behavior in public places, traveling or transporting luggage;
5.3.8. non-use of the service by the Customer on his own initiative or fault, including due to illness.
5.4. The parties are released from responsibility for non-fulfillment of obligations under this Agreement, if such non-fulfillment is the result of force majeure:
5.4.1. natural phenomena, including pandemics, epidemics, cyclones, hurricanes, tornadoes, storms, floods, etc.;
5.4.2. public events, including general military mobilization, hostilities, declared and undeclared war, acts of terrorism, blockades, revolutions, mutinies, uprisings, etc.
5.4.3. actions of authorities, including the introduction of a curfew, quarantine introduced by the relevant authorities, expropriation, forced seizure, seizure, requisition, etc.;
5.5. In case of force majeure:
5.5.1. The Party experiencing such circumstances must notify the other Party of them in writing by sending a letter to the other Party's e-mail address, but no later than 3 (three) days from the moment of the force majeure circumstances, as well as substantiate the impact of such circumstances on the possibility execution of the Agreement.
5.5.2. The customer has the right not to pay for the part of the tourist service that has not been paid due to the occurrence of such circumstances;
5.5.3. The Contractor is obliged to return funds to the Customer, with the exception of those that were spent on organizing the trip at the time of the appearance of such compelling circumstances (booking accommodation, buying tickets, booking transport, issuing visas, etc.), taking into account the payment that was carried out by the Customer in accordance with the procedure specified in Clause 3.7 of this Agreement.
5.5.4. The customer has the right to deposit the funds paid in accordance with this Agreement in full and without penalties, and use them to pay for any other tourist service from the public organization "Ukrainian-Scandinavian Center" within 365 days from at the time of force majeure. If the alternative tour or alternative educational service is more expensive than the already paid tour, then the Customer must pay the difference in the cost of the service. If the alternative tour is cheaper, the balance is kept on deposit.
5.6. The customer assumes all responsibility for the preparation of all necessary documents for the trip. The customer should familiarize himself with and comply with all the requirements of the country to which he is going regarding the preparation of documents required upon departure and arrival, conditions for obtaining visas, valid passports, powers of attorney or other documents, vaccination rules before entry, and so on. The Contractor is not responsible for the Customer's ignorance or non-compliance with the specified requirements.
5.7. Any disputes, controversies and claims arising from this Agreement or in connection with it, including in relation to its interpretation, implementation, violation, termination or invalidity, shall be resolved by the Parties through negotiations. Disputes that the Parties cannot settle through negotiations shall be submitted for final resolution by the judicial authorities of Ukraine in accordance with the procedure provided for by the legislation of Ukraine.
5.8. All information provided by the Customer when ordering travel services must be true, accurate, up-to-date and complete. The Customer is responsible for the correctness of the information provided.
VI. PROCEDURE FOR THE CUSTOMER'S REFUSAL FROM THE TOURIST SERVICE
6.1. The Customer has the right to refuse the tourist service in the event of a written notification to the Contractor by sending a letter with a desire to cancel the Order and the reasons for such cancellation to the Customer's e-mail (firstname.lastname@example.org and/or a verbal message at phone numbers +4798410602 or +380660794604 ).
6.2. In case of refusal of the Customer from the tourist service, the Contractor:
6.2.1. returns to the Customer in full the funds paid for the tourist service - if the Customer appealed with such a refusal by March 9, 2022;
6.2.2. returns to the Customer the funds paid for the tourist service, with the exception of the funds paid in accordance with clause 3.7.1. of this Agreement - if the Customer applied for such a refusal between March 10, 2022 and May 16, 2022;
6.2.3. does not return to the Customer the funds paid for the tourist service - if the Customer applied for such a refusal after May 17, 2022.
VII. TERM OF VALIDITY OF THE OFFER AGREEMENT
7.1. The contract enters into force from the moment of its conclusion (acceptance of the offer) and is valid until all obligations are fully fulfilled by the Parties.
VIII. PROVISIONS ON PERSONAL DATA
In accordance with the Law of Ukraine "On the Protection of Personal Data", The parties give each other consent to the processing, collection, registration, accumulation, indefinite storage, adaptation, change, renewal, use, destruction, depersonalization of personal data from primary sources (including passport data, information from documents (about education, marital status, family composition, place of residence, work experience, etc., information provided about the Customer and his relatives, etc.) in order to properly fulfill the requirements of the current legislation of Ukraine, protection of the interests and rights of the parties, provision of civil-legal relations, administrative-legal, tax relations and relations in the field of accounting and reporting, etc. Confirmation of consent to the use of personal data is the moment of Acceptance by the Customer.
VIII. DETAILS OF THE PERFORMER:
FOP Yevseichyk Kateryna Yuriivna
FOP registration number
Recipient code: 3540307820
Account of the recipient in the format according to the IBAN standard: UA933052990000026006036714475
Name of the bank: JSC CB "PRIVATBANK"
St. Simyrenko, 25-A, sq. 230