1. General provisions and terms
1.1. This Agreement is a public contract in accordance with Articles 633, 634, and 641 of the Civil Code of Ukraine and the Law of Ukraine “On Electronic Commerce.” A person who accepts this offer becomes the Client in accordance with Article 642 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine “On Electronic Commerce.”
1.2. In accordance with Article 634 of the Civil Code of Ukraine, this Agreement is also considered an adhesion contract, as its terms are defined by the Service Provider and may only be accepted in full by any person through adhesion to the proposed Agreement. The Agreement is deemed concluded upon the Client’s acceptance of the Service Provider’s offer.
1.3. The Client’s actions that confirm their intention to enter into this Agreement—namely, payment for the Service Provider’s services under this Agreement—constitute full and unconditional acceptance of the Agreement’s terms without any reservations, in accordance with Article 642 of the Civil Code of Ukraine.
1.4. “Acceptance” means the Client’s full and unconditional acceptance of the public offer to conclude this Agreement for the provision of informational services for booking, by clearly expressing their intention to make a booking for the necessary services provided by the Service Provider. This includes booking travel documents, searching for temporary accommodation in the destination country, and fulfilling other requests of the Client, as well as making a prepayment for the booking to the Service Provider’s account, if required, or payment upon completion of the booking.
By making full payment under the Agreement for informational and consulting booking services, the Client accepts the Service Provider’s offer and fully agrees to the terms of this Agreement.
1.5. “Booking” refers to a properly arranged order that ensures the reservation of a selected service from the Service Provider with the Service Supplier on behalf of a specific person(s). Booking may require full or partial payment at the time of order placement or within the period specified by the Service Provider. Failure to make payment within the designated time may result in the termination of the Agreement.
1.6. “Service Supplier” refers to any legal entity providing services, including but not limited to transportation companies, insurance companies, hotels, accommodation providers, catering services, tour operators, car rental agencies, and ticketing services for museums and entertainment venues.
1.7. “Service Fee” or “Booking Service Price” is the amount paid by the Client for the services rendered by the Service Provider, facilitating the Client’s intent to place an order or booking. The fee amount is determined by the Service Provider based on the Service Supplier and the terms of the agreement with them.
1.8. A printed version of this Agreement may be generated by the Client, provided that an electronic copy of the Agreement has been sent to the Client’s email or other chosen communication channels.
2. Subject of the agreement
2.1. Under this Agreement, the Service Provider shall provide informational and consulting booking services based on the Client’s request and explicit consent. These services include transportation services, accommodation services, and other non-transportation and non-accommodation services (such as organizing visits to cultural sites, leisure, and entertainment activities). The Client, in turn, agrees to accept and pay for the services as determined by the Service Supplier, as well as the Service Fee.
2.2. The booking is carried out by the Service Provider through the Service Supplier’s booking system in accordance with the Client’s order, specifying all necessary details required by the Service Supplier.
3. Client’s rights and obligations
3.1. Upon entering into this Agreement, the Client has the right to:
3.1.1. Require the Service Provider to fulfill the Agreement properly.
3.1.2. Receive full, comprehensive, and reliable information on any matters arising during the execution of the Agreement.
3.2. The Client is obliged to:
3.2.1. Clearly and explicitly define the required services and their purpose for the Service Provider.
3.2.2. Provide all necessary documents and personal information required for the proper execution of the Agreement.
3.2.3. Submit only accurate and truthful information.
3.2.4. Make payments to the Service Provider in accordance with Section 5 of this Agreement.
3.2.5. Comply with the terms of this Agreement.
4. Obligations and rights of the contractor
4.1. The Service Provider has the right to:
4.1.1. Prevent the Client from interfering in the process of obtaining and using information or in the methods of providing services to other clients.
4.1.2. Require timely payment from the Client for the provided services as stipulated in this Agreement.
4.1.3. Maintain records of the information provided to the Client.
4.1.4. Receive from the Client all necessary documents and personal data required by the Service Provider or Service Supplier to facilitate the provision of informational and consulting booking services.
4.1.5. Seek compensation from the Client for damages caused by unlawful actions.
4.1.6. In cases where the services require special booking conditions, demand a prepayment from the Client in the form of an advance payment before or after the Service Provider confirms the booking. This payment must be made within one business day of the booking confirmation.
4.1.7. If the Client fails to meet payment deadlines for informational and consulting services, the Service Provider has the right to terminate this Agreement at any time after the payment deadline has passed.
4.2. The Service Provider is obliged to:
4.2.1. Fulfill obligations under this Agreement with due quality and within the agreed timelines.
4.2.2. Commence the provision of services immediately upon receipt of the Client's request and payment.
4.2.3. Inform the Client of their rights and obligations before concluding this Agreement and provide full and accurate information regarding the informational and consulting booking services.
4.2.4. Provided that the full cost of the informational and consulting service order is paid by the Client, the Contractor is obligated to deliver a high-quality result to the Client. The result shall be delivered to the Client via email or by any other means agreed upon by the Parties.
4.2.5. Inform the Client of any changes to their order by phone or email immediately after the Contractor becomes aware of them.
5. Cost of services, payment procedure and conditions of cancellation
5.1. The total cost of the services is _ UAH, which, at the company’s commercial exchange rate on the date of actual payment and at the time of contract conclusion, is equivalent to __ euros.
5.2. In case of changes in the cost of services due to an increase in prices for airline tickets, fuel surcharges by the airline carrier, taxes, airport fees, and other services up to 20% of the total cost, the Service Provider has the right to issue an additional invoice, which must be paid within two banking days. If the respective invoice is not paid within the specified period, the contract will be terminated, and the previously paid amount will be refunded to the Client.
5.3. If the Client refuses the Contractor’s services, the refund process for air transportation is subject to the airline’s rules and tariffs. If the Contractor’s services include airline tickets for regular flights or non-standard charter flights, the Client is subject to the terms of sale and cancellation of such tickets as provided by the special fares for regular flights or specific charter program conditions. Airline fares for both regular and charter flights may be non-refundable. If the Client refuses the Contractor’s services, regardless of the date of refusal, the cost of airline tickets for charter and regular flights purchased under non-refundable carrier fares (“No Refund”) may be charged up to 100% of the ticket price.
5.3.1. If the Contractor guarantees a hotel service booking or temporary accommodation in the destination country for the Client with prepayment for the entire stay, it is prohibited to cancel, modify, or otherwise substantially change the booking if such changes are due to the Client’s decision after the request has been confirmed by the Contractor and actual booking actions have been taken. If the Client, after making a 100% prepayment for the entire stay, does not use the service (no-show), in accordance with the hotel’s accommodation rules, the prepayment may not be refunded in certain cases and may be considered as a penalty for the Client’s failure to fulfill the contract, covering the losses incurred by the hotel. In this case, the booking is canceled by the hotel. Before making such a booking, the Contractor must inform the Client of the possibility of non-refundable payments in case of service refusal.
5.4. Failure of the Client to arrive at the service start location on time is considered a booking cancellation. In case of a no-show for a flight, regardless of the reason, or any other obstacles preventing travel that are beyond the control of the Contractor or Service Provider, the Client will be charged costs of up to 100% of the service fee and the Contractor’s remuneration.
5.5. If the consular office or other competent authority of the destination country refuses to issue an entry visa to the Client for any reason, this is considered a cancellation of booked services, and the conditions of service refusal will apply.
5.6. Payment for informational and consulting services must be made by the Client by transferring funds to the Contractor’s current account at the time of contract signing, unless otherwise stipulated by a separate supplementary agreement to this Contract.
5.7. If the Client terminates their stay in the destination country early or does not use the booked services for any reason, the Service Provider and the Contractor are not responsible for such actions of the Client and will not refund the payments for the provided services.
5.8. In the event of contract termination due to the Client’s fault, provided that the contract was fully performed by the Contractor, the Client must reimburse the Contractor for expenses related to fulfilling the contract, as well as pay for the provided services.
6. Service delivery procedure and timeframes
6.1. Services must be provided efficiently, in good faith, and within a reasonable timeframe, considering the Client’s interests.
6.2. Along with the invoice, the Contractor must send an email containing detailed information regarding departure/arrival dates, departure/destination cities, the airline’s baggage policy, carry-on luggage limits, accommodation type/class in the destination country, meals, and other services specified in the invoice.
6.3. If deemed necessary by the Parties, service delivery timeframes may be determined separately.
6.4. After the Client pays for the Contractor’s services, they will receive detailed information regarding the informational and consulting services, including booking and other tourism services, within 24 hours via email.
7. Force majeure circumstances
7.1 The Parties are released from liability for partial or complete failure to fulfill obligations under this Contract if such failure is due to force majeure events occurring after the contract was signed.
7.2 Force majeure events include fire, natural disasters, military actions of any kind, epidemics, legislative and executive acts preventing contractual obligations, changes in immigration policies, terrorist acts, and other circumstances beyond the reasonable control of the Parties. The performance period of contractual obligations is extended for the duration of such circumstances.
7.3 The Party affected by force majeure must notify the other Party as soon as they become aware of such circumstances. Failure to do so deprives the Party of the right to invoke force majeure as a defense against non-performance. The contractual obligations are postponed for the period during which these circumstances persist. If they last for more than 14 (fourteen) days, the terms of further execution will be determined separately.
8. Liability of the parties and dispute resolution
8.1. In case of a breach of obligations under this Agreement, the Parties shall bear liability as determined by this Agreement and the laws of Ukraine.
8.2. The Client is fully responsible for the completeness and accuracy of the provided Personal Data and the validity of the submitted documents.
8.3. All disputes under this Agreement shall be resolved by mutual agreement of the Parties. If an agreement is not reached, disputes shall be settled by a court of general jurisdiction.
8.4. The Contractor shall not be liable for flight cancellations or changes in departure/arrival times and the resulting changes in the scope and timing of travel services, as the Contractor acts as an intermediary between the Client and transport companies, hotels, and service providers. The Contractor has no influence over the terms and conditions of transportation established by such companies. The Contractor is subject to all conditions and liability limitations established by the Rules for the Carriage of Passengers and Baggage, the actual carrier’s rules, and other regulatory acts in the field of transportation.
8.5. In case of complaints, the Client shall submit a written claim to the Contractor with documented evidence of a breach of the Agreement within 14 calendar days from the completion of the booked services. The Contractor shall review the Client’s claims and respond within the timeframes set by the Law of Ukraine “On Citizens’ Appeals.”
8.6. If no claim is received from the Client and if the Contractor has no claims against the Client within 14 calendar days after the completion of the booked services, the Agreement shall be deemed fully and properly executed by the Parties and shall not be subject to further disputes under any circumstances.
8.7. The Parties agree that the terms of this Agreement are confidential and shall not be disclosed to third parties, except in cases explicitly provided by Ukrainian law or the Agreement itself. Employees of the Booking Agent directly involved in fulfilling the Agreement are not considered third parties. The Parties also agree that all information (except publicly known facts) obtained by either Party as a result of executing this Agreement, including information recognized as a trade secret under Ukrainian law, shall be considered confidential and shall not be disclosed or used for purposes other than those of the Agreement without written consent from the other Party.
9. Termination of the agreement
9.1. This Agreement shall terminate upon mutual agreement of the Parties or if the performance of obligations becomes impossible due to the adoption of regulatory acts that alter the conditions established by this Agreement for informational and consulting services, and either Party refuses to amend the Agreement accordingly.
9.2. The Agreement may be terminated at any time at the initiative of either the Contractor or the Client by sending the other Party a written notice via email or other communication means.
9.3. The Contractor has the right to terminate the Agreement by notifying the Client if the Client fails to meet payment deadlines or makes only partial payments.
10. Term of the agreement
10.1 This Agreement shall come into force from the date of its signing by the Parties and shall remain in force until its fulfillment, but not more than 6 months from the date of the Agreement. In certain cases, the term of the Agreement may be extended by agreement of the Parties.
10.2. The Parties, by mutual agreement, may determine in writing another term of performance, termination or change of the terms of the Agreement.
11. Final provisions
11.1. In cases not covered by this Agreement, the Parties shall be guided by the laws of Ukraine.
11.2. To comply with the Law of Ukraine “On Personal Data Protection,” the Client and the Contractor agree to the processing of their personal data. The Client’s submission of personal data to the Contractor via communication channels confirms the Client’s unconditional consent to its processing. The Contractor guarantees non-interference in the private and family life of the personal data subject in connection with its processing.
11.3. The Contractor undertakes to use and process the Client’s personal data in accordance with the applicable personal data protection laws of Ukraine.
11.4. The Client agrees that their personal data may be transferred to state authorities in cases provided by Ukrainian law.
11.5. The Contractor applies a simplified taxation system and is a single tax payer.
Terms and conditions of service
Public offer (offer) for the conclusion of
Agreement on the provision of information services for booking
м. Kyiv
Individual Entrepreneur Nehelya Yan Serhiyovych, acting on the basis of an Extract from the Unified State Register No. 20690000000048728 dated September 4, 2019 (hereinafter referred to as the “Service Provider”), on one side, and a citizen of Ukraine (hereinafter referred to as the “Client”), collectively referred to as the “Parties,” have entered into this Agreement as follows:
