WE KINDLY REQUEST THAT THE CUSTOMER SHOULD READ THIS AGREEMENT CAREFULLY AND OCCASIONALLY REFER TO THIS PAGE TO REVIEW THE CURRENT EDITION OF THE AGREEMENT
1. TERMS AND DEFINITIONS
Terms used in this Agreement shall mean:
1.1. Public Offer shall mean an offer of the Tour Operator to any individual (a potential Tourist) to conclude an agreement under the public offer, in accordance with Articles 633, 641 of the Civil Code of Ukraine.
1.2. Acceptance is a Tourist’s full and unconditional response to the Tour Operator’s offer to conclude the Agreement on the terms specified under the public offer by the Tourist’s performance of one of the following actions: online order on the Tour Operator’s website, payment of the ordered services which indicates acceptance of the terms of the public offer.
1.3. Tour Operator shall mean BEINSIDE Limited Liability Company, registered at the address: 11, Yevhena Sverstiuka Str., Building “B”, Kyiv, 02002, Ukraine; License No. 206 as of February 09, 2016 issued by the Ministry of Economic Development and Trade.
1.4. Tourist Product shall mean a complex of tourist services pre-developed by the Tour Operator and being sold or offered for sale at a certain price, which includes transportation services, accommodation services and other tourist services not related to transportation and accommodation (sightseeing services of cultural objects, recreation and entertainment, sale of souvenirs, etc.).
1.5. Tour shall mean a range of the Tourist Product proposed by the Tour Operator and selected by the Tourist including but not limited to accommodation, transfers and medical insurance.
1.6. Tourist shall mean a person specified in the Rules, who travels throughout Ukraine or to another country with the aim not prohibited by the law of the host country, for a period from 24 hours to one year without the right to exercise any paid activity and with the obligation to leave the country or place of stay in specified period.
1.7. Tour Documentation (including electronic documents) shall mean a tourist (information) voucher, travel documents, tourist recommendations on conduct in the host country, insurance policy (medical and accident), insurance conditions and rules of conduct for tourists in case of insurance claims.
1.8. Online Booking System on the Tour Operator’s Website shall mean a specially designed system that ensures booking of the Tourist Product (Tourist Services) provided by the Tour Operator in real time via the Internet. By means of the Booking System, information on the Tourist Product (Tourist Services) is transmitted, namely: application for reservation, booking confirmation, issuing an invoice for payment, timely receipt of the information on the state of the ordered Tourist Product and Tour Documentation in electronic form. The Booking System is represented on the official website of the Tour Operator.
1.9. Reservation Request shall mean a document confirming the order of the Tourist Product (Tourist Service) by the Tourist, sent to the Tour Operator by means of the Booking System. Booking Confirmation is a document confirming the booking of the Tourist Product (Tourist Service) by the Tourist in the Booking System indicating its cost, terms of payment, to be sent to the Tourist by the Tour Operator using the Booking System, and to be received by the Tourist after the online payment of 20% of the Tour.
1.10. Cancellation of the Tourist Product (Tourist Service) shall mean the Tourist’s refusal from the booked Tourist Product (Tourist Service), as well as the Tour Operator’s right to refuse the Tourist in providing the booked and confirmed Tourist Product (Tourist Services). Cancellation of the Tourist Product shall be done by sending a notification to the e-mail email@example.com.
1.11. Funds shall mean the funds received from the Tourist by the Tour Operator for the sale of the Tour, by transfer to the account or payment in cash in the booking office of the Tour Operator.
1.12. Suppliers of Tourist Services shall mean the companies providing specific services that are part of the Tourist Product (Tourist Services), namely: services of temporary accommodation (residence), transportation, insurance, sightseeing and entertainment and other services.
1.13. Tour Operator’s Website shall mean the official website of the Tour Operator at the address: www.beinside.ua which has various up-to-date information on the Tourist Product (Tourist Services) provided by the Tour Operator. The information published on the official website of the Tour Operator can modify and amend the terms of this Agreement. The date of entering changes or additions into the information material of the Tour Operator is the date of placing the information on the official website of the Tour Operator.
1.14. Commercial Rate of the Tour Operator shall mean the USD or EURO exchange rate, set by the Tour Operator and published on the official website of the Tour Operator, and applied by the Tour Operator at determining the cost of the Tourist Product (Tourist Service).
1.15. Individual Application for Booking shall mean a Tourist Product (Tourist Service), formed by an individual request of the Tourist, and it differs from the published package price, posted on the official website of the Tour Operator, and its booking confirmation requires additional application to the Suppliers of Tourist Services.
1.16. Order Form (Booking Application) shall mean an additional window with open fields to be filled in, which appears in the Booking System when ordering the selected Tourist Product.
1.17. Letter of Booking shall mean a document that confirms the Tourist’s order of the desired Tourist Product and provides the Tour Operator with the information on the ordered complex of Tourist Services (Appendix No. 1 to the Agreement).
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement and according to the Tourist’s (Customer’s) booking terms, the Tour Operator undertakes to provide a complex of Tourist Services (Tourist Product), and the Tourist undertakes to accept and pay for them under the terms hereof.
2.2. Booking shall be made online on the Tour Operator’s Website in the Tour Operator’s Booking System by the Tourist independently, in accordance with the Letter of Booking, drafted in the form specified by the Tour Operator and provided in Appendix No. 1 which constitutes an integral part of this Agreement.
3. RIGHTS AND OBLIGATIONS Of THE PARTIES
3.1. TOUR OPERATOR is entitled to:
3.1.1. Obtain from the Tourist all the necessary documents and other personal data of the Tourist(s), used by the Tour Operator for the booking of Tourist Product, for proper preparation of its implementation, for execution of travel and other documents required for the provision of Travel Services.
3.1.2. In case of violation of payment terms for the Tourist Product by the Tourist – to terminate this Agreement at any moment upon expiry of payment (advanced payment) term for the Tourist Product (Travel Services) with the recovery of Tour Operator’s costs from the Tourist to the extent specified herein.
3.2. TOUR OPERATOR hereunder shall:
3.2.1. Book Travel Services and provide Travel Services booked by the Tourist, in full, in the quantity, of the quality and in terms specified herein, subject to full payment by the Tourist for the Tourist Product within the terms specified herein.
3.2.2. Prior to signature of this Agreement the Tour Operator shall inform the Tourist by posting information on the Tour Operator web-site about rights and obligations of the Parties hereunder, provide complete and accurate information about the organization of the Tour, insurance conditions, as well as provide the Tourist with all the information required in accordance with Articles 19(1), 20 of the Law of Ukraine On Tourism, which is posted on the website of the Tour Operator and is an integral part hereof.
3.2.4. Inform the Tourist about changes to the conditions of the Tour, its duration and schedule by email or by telephone immediately after it became known to the Tour Operator.
3.2.5. In case of Tour Operator’s inability to fulfil the obligations set out in the reservation letter, namely due to adverse weather conditions or force majeure, the Tour Operator reserves the right to substitute the type of the Tourist Product with another one of the same price and content.
3.3. TOURIST is entitled to:
3.3.1. Receive the necessary and accurate information prescribed by law, as well as information on the process of implementation of the booked Tourist Product by the Tour Operator.
3.3.2. Receive information about Tour Operator’s License for Tour Operator Activities, bank guarantees and other necessary permits required under the laws of Ukraine.
3.3.3. Receive proper Tourist Product (Travel Services), booked and paid for hereunder.
3.4. TOURIST (Customer) hereunder shall:
3.4.1. Familiarize him-/herself with the information on the Tour Operator’s web-site, the terms of this Agreement and an the Annex hereto, with the Rules of booking through the on-line booking system; comply with and implement them in full; accept booked services subject to full payment. If the Tourist does not agree with the terms of the Agreement, he/she has no right to enter into this Agreement. Accordingly, the Tourist who accepted the Agreement confirms his/her knowledge and acceptance of all the terms hereof.
3.4.2. Provide complete information about the desired travel route and inform about his/her requirements regarding the travel route, while filling an Application hereto.
3.4.3. Timely provide the Tour Operator with all the information about the Tourist and those who will travel with him/her, necessary for Tourist Product booking, required to register the trip (tour) by filling out Tour Operator’s form in the reservation system. Have duly executed documents for exit from/entry into the country of travel (including properly executed passport with appropriate validity and properly executed visa of the destination country and/or transit country if it is established by the competent authorities of such country), documents required for border crossings by children under 18 years of age. Check accuracy of the documents issued by the Tour Operator, as far as the Tourist bears full responsibility for the validity of the submitted documents and information about him/herself and those traveling with him/her.
3.4.4. Ensure compliance with the laws of the country of temporary stay, including customs, immigration, sanitary, fire and other rules; ethics, public order, religion and cultural requirements; rules for use of travel services, rules of stay in hotels and other accommodation facilities, and also reimburse the Tour Operator for the damages caused by unlawful actions of Tourists, including cases of illegal immigration, visa violations, violations of air traffic, etc.
3.4.5. Follow the time specified in the tour documents and rules of personal safety during travel, as well as arrive at the airport at least 2.5 hours prior to departure.
3.4.6. Pay the Tour Operator the cost of Tourist Products booked hereunder.
3.4.7. Timely and fully pay for the use of additional services in accommodation facilities and other places of stay during the trip, cover from his/her own funds the costs or losses caused by misconduct of the Tourist and/or persons traveling with him/her.
3.4.8. Pay the cost of an entry visa at passport control if visas to the country of travel are issued in a simplified manner according to the country’s laws.
3.4.9. By signing this Agreement the Tourist agrees to be insured by the Tour Operator for a period of the trip according to the conditions of the insurance company, a partner of the Tour Operator. The Tour Operator provides the Tourist with the travel insurance during the trip on the basis of the Agreement with the insurance company in accordance with Article 16 of the Law of Ukraine on Tourism, which provides for mandatory (medical and accident) insurance.
3.4.10. In case of insured event, the Tourist must contact the insurance company directly by telephone numbers listed in the insurance policy, and act in the manner prescribed by the terms of the insurance policy and inform the representative of the tour operator thereof.
3.4.11. If a person purchases the Tourist Product hereunder in favour of others, such person (Customer) entering into this Agreement in favour of the Purchasers who also have the status of Tourists, by signing this Agreement acknowledges and agrees that the Customer signed the Agreement in his/her own name and the name of the Purchasers and guarantees to the Tour Operator that he/she is duly authorized to perform transactions on behalf and in favour of the Purchasers, knows the terms and conditions hereof and has informed the Purchasers thereof.
3.4.12. By signing this Agreement the Tourist acknowledges and agrees to receive information from the Tour Operator by email, telephone, etc., provided by the Tourist hereunder.
3.4.13. Check his/her e-mail and the Tour Operator’s web-site him/herself and track information associated with the booked tour.
4. PROCEDURES OF TOUR BOOKING AND SETTLEMENTS
4.1. The Tourist shall order the Tourist Product by means of filling the Order Form in the booking system at the Tour Operator website.
4.2. After filling the Order Form in the booking system, it shall be processed by the Tour Operator. Pursuant to the processing results, the Tourist shall receive confirmation of the order in the form of Booking Confirmation and an invoice or a refusal of order confirmation.
4.3. At confirmation of the order, the Tour Operator shall offer the Tourist a choice of convenient payment options to pay for the Tourist Product as well as the billing format options. In case the Tourist fails to make a choice, the invoice shall be sent to the electronic address of the Tourist registered in the booking system.
4.4. Refusal of the Tourist to use the booked Tourist Product before consumption thereof may be possible on condition of reimbursement of actually borne expenses of the Tour Operator as confirmed by respective documents, related to such refusal; the refusal option shall be determined depending on the selected Tourist Product.
4.5. The program of tourist servicing, the Tourist Product price and other material conditions of the Agreement shall be specified in Annex No. 1 which constitutes an integral part hereof.
4.6. The tour commencement date shall be deemed the time of arrival to the City of Kyiv as scheduled and approved by the Tour Operator.
4.7. In case of change of the arrival date, the Tourist shall notify the Tour Operator thereof in no less than 7 (seven) days prior to the tour commencement date. Should there be no specified information, the Tour Operator shall be exempted from any liability, and shall not reimburse the cost of the Tourist Product paid by the Tourist.
4.8. If the tour commencement delay occurred due to the fault of the Carrier or any force majeure events which led to partial delay or complete cancellation of the tour, in such case the Tour Operator shall be exempted from any liability but shall reserve the right to partial reimbursement of the Tourist’s expenses.
4.9. The Parties hereof have approved the following settlement procedure:
4.9.1. Payment for the tour shall be made by the Tourist in accordance with the terms specified on the official Tour Operator website or the terms provided in the booking confirmation, as reflected in the booking letter sent by the Tour Operator to the Tourist.
4.9.2. The Tourist shall pay 20 % (twenty percent) of the total value of the Tourist Product immediately after filling in the Order Form in the booking system on the Tour Operator website. The balance of the Tourist Product value in the amount of 80 % (eighty percent) due to the Tour Operator from the Tourist shall be paid by the latter immediately after registration at the selected hotel.
4.10. All types of payments hereunder shall be made in US dollars or Euros.
4.11. The Tour Operator shall not reimburse the costs of the Tourist related to money transfers to the Tour Operator account (commission fees of banks or other financial institutions etc.).
5. TERMS OF REFUSAL TO USE THE TOURIST PRODUCT
5.1. The Tourist shall be entitled to refuse to fulfil of this Agreement before the tour commencement date on condition of reimbursement of expenses actually borne by the Tour Operator to create the Tourist Product and guarantee its provision to the Tourist. The application on refusal of the Tourist to use the tourist services in writing shall be accepted for fulfilment by the Tour Operator from the date of reception of such application.
5.2. In case of the Tourist’s refusal, the Tour Operator shall return the costs paid by the Tourist on the following conditions:
5.2.1. in case of notification of the Tour Operator by the Tourist on refusal to use the tour 30 (thirty) or more calendar days before the tour commencement date – the Tour Operator shall return 100 % (one hundred percent) of the tour value advance payment;
5.2.2. in case of notification of the Tour Operator by the Tourist within 10 (ten) to 20 (twenty) calendar days before the tour commencement date – the Tour Operator shall return 50 % (fifty percent) of the advance payment of the tour value advance payment;
5.2.3. in case of notification of the Tour Operator by the Tourist 10 (ten) calendar days or less – the Tour Operator shall not return the tour value advance payment.
5.3. The Tourist has been informed and agrees that the terms of payment and cancellation of tourist services may differ from the standard terms stipulated hereby in case of participation of the Tourist in a loyalty program, if the Tourist Product is purchased with the use of such loyalty program supported by the Tour Operator.
5.4. The Tour Operator shall be entitled to refuse to fulfil the Agreement on condition of reimbursement of costs paid by the Tourist, in case of force majeure, except for cases when such force majeure occurred due to the fault of the Tourist. Refusal of the Tour Operator to fulfil the Agreement before the commencement of the Tourist Product use shall not be the basis for filing a claim for moral damages by the Tourist.
5.5. In case the Tour Operator fails to fulfil the terms of this Agreement, the Tourist shall be entitled to request return of costs paid for non-rendered services.
5.6. In case of early termination of the tour by the Tourist and/or non-usage of ordered services due to any reasons, the Tour Operator shall not be held liable for the Tourist’s actions and shall not return costs paid by the Tourist for the Tourist Product, or return costs at its own discretion.
6. LIABILITY OF THE PARTIES
6.1. The Parties shall be held liable for non-fulfilment and/or undue fulfilment of their obligations hereunder in conformity with the terms hereof and the effective legislation of Ukraine.
6.2. In case of violation of effective rules of travel, registration or luggage carriage by the Tourists, causing damages to the transport company property or violation of the rules of stay at the given hotel or failure to comply with the legislation of the country of stay, the penalties shall be paid by the guilty person in the amounts stipulated by the respective regulations and norms of the transport company, the given hotel or the country of stay. The Tour Operator shall not be held liable in such cases.
6.3. The Tour Operator shall not be held liable for preservation of the Tourist’s luggage, including his/her personal items and documents or other property of the Tourist during the tour.
6.4. The Tour Operator shall not be held liable for delayed arrival of the Tourist at the airport, places of departure or tourist registration etc.
6.5. The Tour Operator shall not be held liable for non-conformity of the Tourist Services with the unreasonable anticipation, subjective assessment or overestimated expectations of the Tourist. The Tour Operator shall not accept any claims based on the above-mentioned criteria.
6.6. In the case specified in part 11 of Article 20 of the Law of Ukraine “On Tourism”, the Tour Operator shall pay reimbursement to the Tourist in the amount of UAH 500 (five hundred hryvnias).
6.7. The Tour Operator shall reimburse losses caused to the Tourist, other persons and the environment in accordance with the established procedure if such losses occurred as a result of undue fulfilment of the obligations hereunder.
6.8. Accommodation of the Tourist in a hotel room in the country of stay and checkout from the hotel shall be performed in accordance with the settlement schedule stipulated by the hotel administration in local time. The Tour Operator shall not be held liable for the violation of such hotel settlement schedule by the Tourist.
7. DISPUTE RESOLUTION
7.1. All the disputes that may arise in the course of fulfilment of this Agreement shall be resolved by the Parties by means of negotiations, and in case of failure to reach an agreement – pursuant to the effective legislation of Ukraine.
7.2. Should any claims arise regarding the quality of service, or facts of non-provision or undue provision of tourist services, the Tourist shall immediately inform the guide and/or Tour Operator representative while still in Ukraine to efficiently resolve such claims. If the claim is not resolved, the Tourist shall prepare a written claim containing documental confirmation of violations of the Agreement terms. The Tourist shall submit the written claim to the Tour Operator within seven days after the end of the tour, with detailed information on the terms of tour purchase, rendering of tourist services, attached documents and contact information of the Tourist. The Tour Operator shall provide a substantiated response to the Tourist’s claim within thirty (30) days.
7.3. The Tour Operator shall not accept any claims or be held liable regarding the claims related to the negative consequences of consumed services which are not the subject matter hereof or which concern non-conformity of the consumed service level with the subjective expectations of the Tourist.
8. FINAL PROVISIONS
8.1. By accepting the terms hereof, the Tourist shall grant permission on the processing of his/her personal data and the personal data of other persons specified by the Tourist in the booking letter on his/her behalf and upon his/her instructions, such data processing to be performed by the Tour Operator for the purposes of ensuring provision of the Tourist Product in the scope necessary for the specified purpose, as well as confirm his/her acknowledgement of the rights specified in Article 8 of the Law of Ukraine “On Personal Data Protection”.
8.2. At ordering of the selected Tourist Product, the Tourist shall agree to the terms hereof and the respective Annex hereto, as well as confirm his/her legal capacity, attainment of majority, legal use of a bank card and payment systems, as well as acknowledge liability for the obligations arising as a result of concluding this Agreement and the respective Annex hereto.
8.3. The Parties have agreed that the information on the Tourist Product (tourist service), booking terms, cancellations and other information posted on the official Tour Operator website have legal force and form an integral part of this Agreement.
8.4. Providing the information about the accommodation type, the Tour Operator shall be guided by the classification of accommodation categories determined directly by the Tour Operator.
8.4.1. The information regarding accommodation category options will be provided on the website at beinside.ua.
8.5. The invalidity of one or several terms of this Agreement shall not cause the invalidity of the whole Agreement.
8.6. All the amendments and supplements hereto shall be made by mutual consent of the Parties which shall be executed in the form of an additional agreement.
8.7. The acceptance of the terms hereof shall be complete and unconditional, and shall also mean familiarization and consent of the Tourist/Customer to all the Agreement terms without exception or supplement.
BEINSIDE Limited Liability Company
11, Yevhena Sverstiuka Str., Building “B”, City of Kyiv, 02002;
Code in Unified State Register of Enterprises and Organizations of Ukraine (EDRPOU): 39977689
Settlement account 26000507783 at Raiffeisen Bank Aval JSC, City of Kyiv,
Branch code (MFO): 380805
License No. 206 of the Ministry of Economic Development and Trade of Ukraine of February 09, 2016.