Public offer agreement

Contract of public offer for the provision of hotel services

FOP Melnyk Alyona Viktorivna, EDRPOU code:3388906860, valid on the basis of the Extract from EDRPOU, registered as a single tax payer and belonging to the II group of taxpayers on the simplified system of taxation, accounting and reporting, hereinafter referred to as "Executive", on the one hand, and any a legal entity, an individual entrepreneur or an individual, or their authorized representative, who accepted (accepted) this offer, hereinafter referred to as the "Customer", on the other hand, hereinafter referred to as the "Parties", in accordance with the requirements of Art. 633 of the Civil Code of Ukraine, concluded this contract, addressed to an unlimited number of persons, which is an official public offer of the Contractor to enter into an Agreement for the provision of hotel services with any Customer. When ordering and paying for the Services of the Contractor, the Customers accept the terms of this Agreement regarding the following:

Terms and concepts

Contract of public offer for the provision of hotel services is a contract according to which the Contractor undertakes to provide hotel services to anyone who applies to him, while the terms of this contract are set to be the same for all Customers, except for those who are granted appropriate benefits by law. The executor has no right to give preference to one consumer over another regarding the conclusion of this contract, unless otherwise established by law. The contractor does not have the right to refuse to conclude this contract if he has the ability to provide the Customer with the appropriate services.

Acceptance of the offer — provision by the Customer of full and unconditional consent to the conclusion of this Agreement in its entirety, without the signing of a written copy of the Agreement by the Parties. The Customer's action, which is considered acceptance of this public offer contract: payment of the invoice for the provision of hotel services, which was issued by the Contractor.

Hotel service — actions of the Contractor to accommodate the Customer or Guest by providing a room (place) for temporary accommodation in the hotel, as well as other activities related to accommodation and temporary accommodation in the specified hotel.

Guest(s) — person(s) who will use or have actually used hotel services.

Room reservation — a preliminary order made 3 (three) days before the start of the day of the planned check-in (but not earlier than 6 months before the check-in date).

1. TERMS AND CONCEPTS

• 1.1. A public offer contract for the provision of hotel services is a contract according to which the Contractor undertakes to provide hotel services to anyone who applies to him, while the terms of this contract are set the same for all Customers, except for those who are provided by law relevant benefits. The Contractor has no right to give preference to one Customer over another regarding the conclusion of this contract, unless otherwise established by law.
• 1.2. The contract of accession to the contract of public offer for the provision of hotel services is an agreement, the terms of which are established by the Contractor in the contract of public offer for the provision of hotel services, which can be concluded only by joining the Customer to the proposed contract of the public offer for the provision of hotel services in general, through payment of the bill for the provision of hotel services, which was issued by the Contractor. The customer cannot offer his terms of the contract.
• 1.3. The moment of conclusion of the joining agreement is the moment when the Customer pays the invoice for the provision of hotel services, which was issued by the Contractor, and credits the specified funds to the current account of the Contractor. Persons who have booked a room, but have not made a prepayment, are considered to have only expressed their intention to enter into this contract.
• 1.4. Hotel service – actions (operations) of the Contractor to accommodate the Guest by providing a room (place) for temporary accommodation in the hotel, as well as other activities related to accommodation and temporary accommodation. Hotel service consists of basic and additional services provided to Hotel Guests.
• 1.5. A consumer (Guest) is a natural person who purchases, orders, uses or intends to purchase or order goods, works, services for personal (household) needs. Hotel services can be ordered by one person for the benefit of another person or group of persons.
• 1.6. A group of guests is a group of 10 (ten) or more people who arrive and leave the hotel at the same time (that is, during the billing day).
• 1.7. Room – a separate furnished room consisting of one or more rooms equipped for temporary accommodation.
• 1.8. Reservation - advance order by the Customer of basic and/or additional services of the hotel in a certain amount, with the purpose of using the services in the stipulated time by a specific consumer or group of consumers. 1.9. Confirmation of booking – written confirmation by the hotel regarding the fulfillment of the ordered and stipulated list of basic and additional services in accordance with the application.
• 1.10. Cancellation - refusal of booked services.
• 1.11. Non-refundable rate - the established cost of basic hotel services, which is applied by the hotel for mandatory prepayment of the full cost of accommodation according to the reservation, which is not refundable in case of cancellation or non-arrival of the Guest (group of Guests) to the Hotel.

• The contract has legal force in accordance with Art. Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
• The customer confirms the fact of familiarization with and agreement with all the terms of this Agreement in full by means of acceptance.
• By concluding this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, the prices for works (services) and all appendices, which are integral parts of the Agreement. An integral part of the Agreement is the guest questionnaire, which is signed by the guest upon check-in.

2 Subject of the contract

• 1. Under this contract, the Contractor undertakes to provide the Customer with hotel services, namely: services for temporary accommodation and temporary accommodation in specially equipped rooms of the Customer or third-party Guests specified by the Customer in accordance with the booking order at the Apart Hotel Shelter at the address station village Polyanytsia, Shchyvka tract, 25/1 (hereinafter - Hotel).

2.2. From the moment the Customer credits funds to the Contractor's account for the provision of hotel services in accordance with the issued invoice, it is considered that the Customer has joined this contract, agreed to all its terms and has no claims or comments regarding the conditions set forth in it.

3 The procedure for booking, reserving the services of the performer and their provision

• 1. The order (booking) of the Contractor's services is carried out by the Customer sending a verbal or written order for the reservation of the Contractor's services, indicating the period of stay, the date and time of arrival and departure, the number of seats and rooms, the category of rooms, the surname and initials of the Customer or Guests, the number of children, and their age, extra beds, etc.
• 2. After receiving the order for the reservation of services, the Contractor sends the Customer by e-mail an invoice for payment indicating the cost of the booked services.
• 3. The customer, within 3 (three) banking days from the moment the Contractor provides the account for payment of the booked services, must pay the amount of money specified in such an account in full by non-cash transfer, or using payment cards, or using payment cards through the service .
• 4. After crediting the funds to the Contractor's current account, or paying them in cash to the Contractor's cash desk, the latter provides the Customer with confirmation of the reservation.
• 5. In the event that the Customer, or the Guest, after confirming the reservation, did not use the accommodation service on the specified day of arrival (non-arrival), and did not cancel the reservation 7 (seven) days before the expected day of arrival, the advance payment for accommodation for the entire period of stay is not subject to return and is counted as a fine for non-fulfillment by the Customer of the terms of this contract. In this case, this reservation will be cancelled.
• 6. Early check-in (before the estimated time) is possible only with prior written agreement with the Contractor and for an additional fee.
• 7. The prices for the services of the Contractor booked and paid in full by the Customer cannot be changed.
• 8. Extension of the Customer's or Guest's stay beyond the period specified in the reservation order, regardless of its reasons (including due to early check-in, late check-out, lack of return tickets), as well as the accommodation of Guests who arrived without prior reservation of early check-in is carried out subject to availability of seats and is paid to the Contractor at the time of such extension or early check-in. The fee for services is determined at the time of arrival. Check-out time from the Hotel is 12:00, check-in time is 15:00.
• 9. In the case of holding festive events (festivals, concerts, sports competitions, official events, etc.), and/or celebrating public holidays, the Contractor has the right to change the prices for Services for the duration of such festive events without notification and consent of the Customer. At the same time, invoices for the payment of which are issued by the Contractor and fully paid by the Customer are not subject to change.
• 10. When paying for the Contractor's services using a payment (bank) card, means of payment, an additional payment processing fee is charged.
  • Rights and duties

The customer is obliged to:

• 1. Send the Contractor written orders for booking hotel services in accordance with the terms of this contract.
• 2. Bring to the attention of the Guests the necessary information received from the Contractor regarding the hotel services provided by him and the procedure for their provision.
• 3. To pay for the booked services in a timely manner within the terms and in the order specified by this contract.
• 4. Not to demand the return of prepayment for reserved rooms, in case of untimely (later than 7 (seven) days before the date of arrival) cancellation of the order of reserved services and/or failure to arrive at the Hotel, and/or attempt to cancel and/or modify and/or change the order (in the event that this is prohibited by the terms of this contract).
• 5. To pay a fine in the amount of advance payment for accommodation for the entire period of stay, in case of untimely (later than 7 (seven) days before the date of arrival) cancellation of the order of reserved services and/or in case of non-arrival at the Hotel, and/or attempt to cancel and/or modify and/or change the order (in the event that it is prohibited by the terms of this contract, including by transferring the data of the Customer's and/or Guest's payment card (name on the card, number, validity period, CVC, etc.) in any way to the Contractor or to any third party to transfer to the Contractor, for any purpose, including but not limited to the purpose of blocking and/or debiting and/or collection, funds from such payment card or independent payment of funds through Internet payment services.

The customer has the right to:

• On your own initiative, make payments ahead of time with the Executor.
• Reject the Contractor's hotel services by canceling the reservation in time 14 (fourteen) days before the date of arrival.

The executor is obliged to:

• Provide, by posting on the official website of the Hotel on the Internet for https://shelter.biz/  necessary and reliable information about hotel services, their types, features and prices, to provide the Customer or the Guest, at his request, other services related to the relevant hotel service, as well as to inform the Customer or the Guest about the Rules for staying at the Hotel.

• Accept, process and confirm, subject to the possibility of providing relevant services, received orders for booking hotel services within no more than 24 hours from the moment of their receipt.
• To be responsible for the quality of the provided services in accordance with the terms of this Agreement and the current legislation of Ukraine.
• When providing services to the Customer or Guest, comply with the conditions (requirements) specified in the reservation order provided by the Customer.

The executor has the right to:

• Collect fines from the Customer in the cases and in the amounts specified in Section 3 of this Agreement.
• Deny the Customer or Guest accommodation or terminate the contract (evict) in the cases provided for in the Rules of Accommodation, as well as if the Customer or Guest repeatedly violates the internal rules of accommodation, which leads or may lead to material losses or creates inconvenience for the accommodation of other visitors.
  5. Mutual settlements of the parties
• 1. The price of hotel services includes: accommodation, visiting the SPA area and a parking space in the hotel parking lot.
• 2. Prices for hotel services offered by the Contractor are determined in the national currency of Ukraine - hryvnias and are payable within the terms specified in the contract, by payment by transfer, or in cash, or using payment cards.
  6. Responsibilities of the parties
• 1. In case of violation of their obligations under this contract, the Parties bear responsibility in accordance with the current legislation of Ukraine. A breach of an obligation is its non-performance or improper performance, that is, performance in violation of the conditions determined by the content of the performance.
• 2. In the case of failure to provide hotel services booked and paid for by the Customer due to the Contractor's fault, the Contractor shall pay the Customer a fine in the amount of the full cost of the reservation.
• 3. In case of non-provision of hotel services booked and paid for by the Customer in a timely manner due to the fault of the Contractor, at the written request of the Customer, the Contractor is obliged to accommodate the Customer or the Guest in another hotel located in the given area, which provides services of equal or higher quality.
  7. Force majeure
• 1. The Parties shall not be liable under this Agreement if the impossibility of their fulfillment of their obligations arose due to circumstances of force majeure (force majeure circumstances) that do not depend on the will of the Parties and are beyond their competence, which is subject to proof by the Party that refers to such circumstances. Such circumstances include, in particular, military events, natural disasters, strikes and other similar circumstances.

8. Personal data and information

• 1. The Customer and/or the Guest give the Contractor consent to carry out without restrictions any actions regarding the processing of his personal data for the purpose of:
  • proceedings by the Executor of activities in accordance with the legislation of Ukraine;
  • fulfillment of the terms of this Agreement;
  • implementation and protection of the rights of the Parties under this Agreement;
  • performance of other powers, functions, duties of the Executor that do not contradict the legislation of Ukraine and this Agreement.
• 2. At the same time, the Contractor is authorized to process personal data in the amount of information that was/will be received by the Contractor from the Customer and/or Guest personally, from his representatives, from third parties, received from publicly available sources, to change/supplement the Customer’s personal data and/or Guest for information from third parties, contact third parties for their verification.
• 3. In order to exercise the rights of the parties under this Agreement, the Customer and/or the Guest give the Contractor consent to the audio recording/recording of telephone conversations of the Customer and/or the Guest with the Contractor or the Contractor’s employees, photo/video recording in the Contractor’s premises on magnetic and/ or electronic media and consent to use by the Performer of the results of recordings/filming, including as evidence.
• 4. Without obtaining additional written consent and a separate notification, the Customer and/or Guest gives the Contractor consent to distribute the personal data of the Customer and/or Guest, to transfer them to third parties, including outside Ukraine, to foreign subjects of relations, or to provide access to them to third parties, in particular:
  • to ensure that third parties perform their functions or provide services to the Contractor, in particular, auditors, insurance companies, intermediaries, appraisers, and other persons, if such functions and services relate to the Contractor's activities;
  • when there are grounds for transferring commercial secrets to third parties in accordance with the legislation of Ukraine or in accordance with the terms of this Agreement;
  • persons who provide the Contractor with services for the organization of postal shipments, phone calls, SMS messages, e-mails of information regarding the performance of the Agreement, information, advertising messages and offers regarding the services of the Contractor and/or its partners;
  • persons who provide services to the Contractor for the storage of client documents, creation and storage of their electronic copies (archives, databases), as well as persons who provide services/ensure other activities of the Contractor, which do not contradict the legislation of Ukraine.

• • Taking into account the conditions of this clause, the Customer and/or Guest certifies that he has been informed in the proper form and in full about the composition and content of his personal data collected by the Contractor, about the purpose of collecting his personal data and about the persons to whom his personal data is transferred data, as well as informed about his rights, defined by the Law of Ukraine "On the Protection of Personal Data". The Customer/or Guest is informed that at https://shelter.biz/ it is additionally possible to get acquainted with this contract and the rights of personal data subjects defined by it, provided for by the Law of Ukraine "On the Protection of Personal Data".

• 5. Aware of the scope and nature of the Contractor's obligations regarding the preservation of bank card data, the Customer and/or Guest also gives the Contractor consent to preserve information about them that became known to the Contractor in the process of fulfilling the terms of the Agreement:
• 6. Also, the Customer and/or the Guest gives the Contractor consent, at the sole discretion of the latter and without restriction, to call, send information on the implementation of the Agreement, other informational, advertising messages and offers regarding the services of the Contractor and its partners by mail, electronic means of communication , SMS — messages using a mobile phone or the Internet, etc., to postal addresses, e-mail addresses, phone numbers provided by the Customer and/or Guest to the Contractor (specified in any documents) or otherwise known to the Contractor.
• 7. By giving the Contractor consent to the above conditions, the Customer and/or Guest understands and agrees that the transfer of banking or commercial secrets, other information with limited access and/or the processing of personal data of the Customer and/or Guest may be carried out, in particular, using various means communication, Internet networks, as well as by third parties, including outside Ukraine and/or foreign subjects of relations related to personal data. The Customer and/or the Guest is aware that the information sent (transmitted) in this way may become available to third parties, and releases the Contractor from the related responsibility.

9. Miscellaneous

• 1. The relations of the Parties, not regulated by this contract, are subject to the norms of the current legislation of Ukraine.
• 2. This contract can be changed, terminated or supplemented by the consent of the Parties. The parties reserve the right to prematurely terminate this agreement in accordance with the terms of this agreement.
• 3. The term of validity of this contract is determined by the Parties until the moment of full fulfillment of the obligations assumed, and in the part of settlement - until the moment of full settlement between the Parties.
• 4. The moment of conclusion of this contract is the moment of payment of the invoice for the provision of hotel services, which was issued by the Contractor. At the same time, payment in whole or in part of the services on this account and crediting of the indicated funds by the Contractor is confirmation by the Customer of the acceptance of the offer and the acceptance by the Customer of all the essential terms of this contract, including but not limited to the conditions regarding cancellation, change, and refusal booked services, the amount of fines and the procedure for staying at the Hotel.
• 5. Payment of funds to this account is an acceptance by the Customer of the acceptance of the Contractor's offer for the purchase of services and their payment, which is posted on the hotel's official website and is a contract of the Contractor's public offer and contains all the essential conditions for the provision of services (art. 633, 641 and Ch. 63 of the Civil Code of Ukraine).

Details:

FOP Melnyk Alyona Viktorivna

Recipient bank: PJSC CB PrivatBank

EDRPOU: 3388906860

R / R or IBAN: UA753366770000026009052565153