Public offer agreement on the provision of services for the international carriage of passengers
FOB Shevchenko Sergey Nikolaevich (hereinafter referred to as "Carrier") offers to a wide range of of individuals (hereinafter referred to as "Passengers") who have sufficient rights and powers to receive services for the international carriage of passengers in accordance with the provisions of this Agreement.
This Agreement is public, in accordance with articles 633, 641 of the Civil Code of Ukraine, and its terms and conditions are similar for all Passengers, the unconditional admitting of which is considered an acceptance of this offer by the Passenger in terms of which the Carrier shall publish this Agreement as follows.
1. GENERAL PROVISIONS
1.1. Each Party shall guarantee to the other Party the possession of necessary capacity, as well as all rights and powers necessary and sufficient for the conclusion and execution of the Agreement in accordance with its terms.
1.2. The legal version of this Agreement is posted on the Carrier's website at: http://shevchenkoreisen.com and is available for the Passenger.
2. SUBJECT OF THE AGREEMENT
2.1. In accordance with the terms of this Agreement, the Carrier undertakes to provide services for the international carriage of the Passenger and his baggage (hereinafter referred to as the "Services") in accordance with the route, date and time of departure, and the Passenger undertakes to pay the Carrier's Services in advance.
3. AGREMENT CONCLUSION PROCEDURE
3.1. An agreement shall be made between the Passenger and the Carrier in the form of an accession Agreement (Article 634 of the Civil Code of Ukraine).
3.2. The acceptance of the terms and conditions of the Agreement means complete and unconditional acceptance by the Passenger of all terms and conditions of the Agreement, without any exceptions and / or restrictions, and is of equal value to concluding a bilateral written Agreement on the provision of Services to the Passenger.
3.3. The Passenger shall accept the Agreement after reviewing the terms and conditions set out on the Carrier's Website (http://shevchenkoreisen.com) by making payment for Carrier's services according to the rates specified on the Carrier's Website (http://shevchenkoreisen.com).
3.4. Actions, specified in clause 3.3. of this section, which are performed by the Passenger, witnesses that the Passenger is familiar with this Agreement and agrees to its terms and conditions in full.
3.5. The term of acceptance is not limited.
3.6. The contract shall be considered concluded and comes into force from the moment of acceptance and operates during the whole term of receipt of the Services, or until its termination, in accordance with the legislation of Ukraine.
3.7. The conclusion of the Agreement means that the Passenger:
- as needed learned the rules of providing the Services;
- recognizes the unconditional professional suitability of the Carrier and the rules for the implementation of all actions described in this Agreement;
- accepts all conditions of the specified Contract without any objections.
4. SETTLEMENT PROCEDURE
4.1. Services shall be rendered to the Passenger exclusively on the 100% prepayment basis by payment by the Passenger of the selected transportation in accordance with the tariffs and in the currency indicated on the Carrier's website (http://shevchenkoreisen.com).
4.2. Payment of the Carrier’s Services, as well as other financial obligations of the Passenger to the Carrier which may arise in accordance with the requirements of this Agreement, shall be effected by transferring funds to the current account of the Carrier through the system "LiqPay", or online payment through "Privat24", and also directly through the bank's institution pursuant to the info details specified on the Carrier's website (http://shevchenkoreisen.com).
4.3. In the event that the electronic payment system for any reason will not work, the payment for the ticket can be made by the Passenger during boarding to the bus attendant. Payment is accepted only in cash. In order to avoid delays in the departure of the bus, the Carrier recommends to be at the stop at least 30 minutes before the bus departure and prepare the total amount for the ticket in advance.
4.4. Passenger's ticket confirms that the Passenger is familiar with and agrees with the rules for the carriage of Passengers and baggage.
4.4. Conditions of reimbursement by the Carrier for unused carriage by the Passenger is specified on the Carrier's website (http://shevchenkoreisen.com).
5. PARTIES’ RIGHTS AND OBLIGATIONS
5.1. Carrier Rights:
- to change the time and place of departure of the bus;
- to change the route of the bus;
- to change the Passenger's seat on the bus;
- if necessary, to change the route of the bus;
- to change the terms of rendering Services for re-booking of the order or returning funds for unused transportation, having previously placed the information on the Carrier's website (http://shevchenkoreisen.com);
- to postpone or cancel scheduled travel due to technical reasons, unfavorable weather conditions or for other reasons irrespective of the Carrier;
- to continue the scheduled travel without a Passenger and without reimbursement to him the fare, if the Passenger would violate customs and border regulations and be detained by the border authority;
5.1.1. About all changes stipulated in clause 5.1 of this section, the Carrier is obliged to inform the Passenger in advance by SMS / e-mail / telephone call.
5.1.2 If the contact / mobile phone number indicated by the Passenger in the ticket would occur to be incorrect and inadmissible to contact the Passenger or send an SMS message, the Carrier shall not be liable for informing the Passenger in advance on any changes with the provision of the Services. Claims for such cases will not be accepted.
5.2. Carrier's Obligations:
- to provide the Services appropriately;
- in case of cancellation or substantial changes to the terms of the provision of the Services (if, as a result of such changes, the Passenger refuses from order), to give the opportunity to travel by the other Carrier's road trip or to return to the Passenger the funds received as a prepayment;
- to provide consultations on the Passenger’s questions regarding the provision of the Services;
- to preserve the confidentiality of information received from the Passenger;
- to familiarize the Passenger with the rules of transportation of passengers, conditions of registration, reissuing of the order and conditions of return of tickets;
- to use all means dependent on him to transport and deliver the Passenger and the baggage at his destination in a reasonable time. The timetable specified in tickets, website, posters, promotional brochures and other documents is informational and it is not guaranteed to be accurately executed.
5.3. Passenger's Rights:
- to receive consultations on issues arising from the provision of the Services by the Carrier;
- to require confidentiality with respect to information provided when making a payment.
5.4. Passenger’s obligations:
- during the whole period of the provision of the Services to comply with the terms of this Agreement;
- to pay for the services provided by the Carrier in accordance with the procedure specified by this Agreement;
- provide documents and reliable information necessary for the Carrier’s recommendations.
6. TERM OF THE PROVISION OF SERVICES
6.1. The route, date, time of departure and arrival shall be specified on the Carrier's website (http://shevchenkoreisen.com) and in the Passenger's purchased ticket.
6.2. The fact of the end of the service is the arrival at the final point indicated on the Carrier's website (http://shevchenkoreisen.com) and in the Passenger's purchased ticket.
7.1. By providing personal data to the Carrier, the Passenger agrees to process them for the purpose of ticket registration and provision of Services, payment of tickets, invoicing, for migration and customs control, for administrative and legal actions, etc.
7.2. The Passenger agrees to receive information messages from the Carrier. The frequency of messages depends on the factors and actions of the Passenger. In case if the Passenger wishes to refuse to receive informational messages (except those directly related to the ordered Services), it is necessary to inform the Carrier by sending an email message or making a phone call to the details specified on the website (http: // shevchenkoreisen .com).
7.3. The Passenger is responsible for the information provided to the Carrier for the performance of the latter's obligations to provide the Services.
7.4. The Carrier has the right to record telephone conversations with the Passenger. In this case, the Carrier undertakes to prevent attempts to unauthorized access to information obtained during telephone conversations and / or transfer to third parties that are not directly related to the provision of the Services.
8. RESPONSIBILITY OF THE PARTIES
8.1. The Carrier is not liable for:
- delay, cancellation, transfer, change of the terms of the Services, if such changes did not arise due to the fault of the Carrier;
- expenses incurred by the Passenger as a result of untimely arrival at the destination;
- the things left or forgotten in the cabin of the bus;
- any losses incurred by the passenger as a result of the illegal activity of any private person (including other passengers, participants of the road trip);
- late delivery of the vehicle resulting from force majeure circumstances (including, but not limited to: weather conditions, traffic congestion, actions of public authorities, etc., as well as the actions of passengers that affect the proper performance by the Carrier its obligations), rejection from the schedule or other circumstances (technical problems of the bus on the way to the place of departure), which the Carrier, despite the taken measures, could not predict and prevent;
- non-compliance by the passenger with the rules of border and passport control.
8.2. The Passenger is responsible for:
- providing false data when executing the Services;
- the registration of necessary documents for crossing the borders of other states.
8.3. The Parties have agreed that any controversial issues that may arise in connection with the implementation of this Agreement will be resolved through negotiations.
8.4. All disputes shall be considered at the presence of a written statement transmitted by means of postal communication. Pre-trial order of settlement of a dispute is mandatory.
8.5. In the event that the Parties cannot reach agreement on disputed issues through negotiation, these issues shall be resolved in accordance with the legislation of Ukraine.
9. FINAL PROVISIONS
9.1. The Passenger guarantees that all terms and conditions of this Agreement are clear to him and he accepts them unconditionally and in full.
9.2. In matters not regulated by this Agreement, the Parties undertake to follow the norms of Ukrainian legislation.
10. CARRIER’S INFORMATION
FOB Shevchenko Sergey Nikolaevich
01030, city of Kyiv, 32, street. B. Khmelnytskyi, office 1A.
Contact phone numbers:
+38 (044) 229-94-92;
+38 (044) 229-94-93.
+49 (0231) 546-52-281
+49 (040) 228-53-222
+49 (069) 678-31-466 (Frankfurt, Trier)
+49 (0177) 200-27-01 (Koblenz)
+49 (0261) 973-82-177 (Koblenz)
E-mail address: firstname.lastname@example.org
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