PUBLIC OFFER AGREEMENT
LLC “PERSEY TRAVEL” (EDRPOU 37615909), hereinafter referred to as the “Agent”, and a natural person or a legal entity, hereinafter referred to as the “Client”, on the other hand, have entered into this Agreement as follows:
1. SUBJECT OF THE AGREEMENT
1.1. The Agent undertakes to provide the Client or other persons designated by the Client, within the procedure, timeframes and on the terms of this Agreement, with intermediary services for booking airline tickets for charter and scheduled flights, rail and/or bus routes, additional services on such routes, as well as accommodation booking services, and for delivering issued tickets, itineraries/receipts and hotel vouchers under the terms of this Agreement and the Order completed by the Client and confirmed by the Agent, for a fee.
1.2. This Agreement shall be deemed concluded from the moment of its acceptance and shall remain in force until the Parties fully perform all obligations under this Agreement.
2. TERMS AND DEFINITIONS
2.1. Within the framework of this Offer, the terms below shall have the following meanings:
Offer – the Agent’s proposal addressed to any natural person or legal entity to conclude an Agreement on the terms contained herein.
Acceptance of the Offer – the Client’s full and unconditional consent to the terms of the Offer, which is recognized as the conclusion of the Agreement, by completing the Order(s).
Agreement – the agreement concluded by acceptance of the Offer between the Client and the Agent on the terms stated below. Any reference in the Offer to the Agreement (a section or clause of the Agreement) and/or its terms means the respective reference to this Offer (its section or clause) and/or its terms.
Publication – posting the text of this Offer in open access on the Internet on the website: https://persey.travel/.
Agent – Limited Liability Company “PERSEY TRAVEL”
Registered address: 29 Kopernyka St., lit. A office, Kyiv, 04116, Ukraine
EDRPOU code: 37615909
IBAN: UA 88 300528 0000026005601362575
at JSC “OTP Bank” in Kyiv
Tel.: +38 (044) 303-95-70
Working hours: Mon–Fri, 10:00–19:00
The Agent is not a carrier and does not provide transportation or accommodation services. The Agent provides intermediary services for issuing, booking and purchasing Services for its Clients from the respective sellers (suppliers) of such Services.
Client (user, customer) – a natural person who has reached the age of 18, is legally capable and has the lawful right to enter into contractual relations, or a legal entity that instructs the Agent to book airline tickets for charter and scheduled flights, rail and/or bus routes, additional services on such routes, as well as accommodation booking services.
Carrier – a person (company) that carries the Client and bears liability to the Client for breach of transportation obligations.
Service – a set of actions provided to the Client by the Service Provider and/or Carrier after payment.
Intermediary Service – the Agent’s service of booking airline tickets for charter and scheduled flights, rail and/or bus routes, additional services on such routes, as well as accommodation booking services, and delivering issued tickets, itineraries/receipts and hotel vouchers under the terms of this Agreement and the Order completed by the Client and confirmed by the Agent, for a fee.
Service Provider – a company that provides tourism and other Services. A Service Provider may be a company providing the Service (tour operator, airline or other organizations) or a carrier.
Funds (money) – funds that are not the Agent’s property or income, received by the Agent from the Client for Services and (except for the Agent’s Service Fee) payable to the Service Provider or Carrier.
Agent’s Service Fee – the Agent’s remuneration paid by the Client for booking, issuing and selling tickets, related services and accommodation. The Agent’s Service Fee is the Agent’s property, is set by the Agent independently and does not require approval by the Client. The Service Fee equals the difference between the amount paid by the Client for the Services and the amount paid by the Agent to the Service Provider that provides services under a charter (freight) agreement, carriage agreement, or to the company providing travel and other services.
Passenger – the person for whom the ticket is issued or the service is arranged.
Order / Booking Request – a duly executed request (requests) of the Client to book and issue tickets and/or additional services on routes, containing information agreed with the Agent regarding the number of tickets, class, passenger list, departure and return dates, place of departure and destination, and other services.
Order Confirmation / Booking – the Agent’s response to the Client (including via electronic or other means of communication) to the Order, containing confirmation of the Carrier’s consent to provide the ticket and/or the intermediary services by the Provider, in accordance with the terms of the Order.
Charter air transportation – travel services of air transportation performed by the Carrier in accordance with an air charter – an agreement for chartering all or part of an aircraft capacity under the Civil Code of Ukraine, as well as scheduled flights treated similarly under special (non-refundable) fares.
Bus transportation – services (travel services) of transporting the passenger (and, if necessary, baggage) to the destination point, provided by the carrier using ground passenger transport.
Itinerary receipt is confirmation that an electronic ticket has been issued and certifies the carriage contract concluded between the passenger and the carrier.
Ticket – any (carriage) document containing the terms of the carriage contract between the carrier and the passenger, e.g., a passenger (electronic) ticket (e-Ticket) and baggage receipt, and/or any electronic (non-carriage) document under the “Electronic Miscellaneous Document (EMD)” standard used for electronic workflow of ancillary revenues, and/or any document under the “Virtual Miscellaneous Multi-purpose Documents (VMPD)” standard, and/or any carrier debit advice.
3. BOOKING AND PAYMENT PROCEDURE
3.1. The Agent’s obligations to book, pay for, issue and deliver tickets to the Client and to book, pay for and issue additional services apply to Orders confirmed by the Agent that contain the following information provided by the Client to the Agent:
• the Client’s personal data enabling identification of the Client, as well as the funds received from the Client as payment;
• the required number of tickets, full names and passport data for all passengers for whom tickets are booked;
• desired departure and/or return dates;
• place of departure and arrival;
• additional services (if any);
• contact details for communication with the Client: phone number, email, or other means of prompt communication.
3.2. Within 24 hours from the date of receiving the Order, the Agent informs the Client by phone and/or email about the possibility of fulfilling the Order and sends to the Client’s email the invoice for payment provided by the Client, or informs about the impossibility of fulfilling the Order. The Order must contain the following information:
• number of tickets;
• passenger list;
• departure and return date;
• place of departure and arrival;
• additional services ordered (if any);
• ticket cost;
• ticket payment deadline.
3.3. After receiving confirmation of the possibility of fulfilling the Order, the Client undertakes to make payment within the time limits specified in such confirmation. The Client may make payment exclusively via remote banking systems and/or money transfer services in one of the following ways:
• cashless payment by transferring the required amount to the Agent’s bank account;
• by payment card through payment systems (acquiring).
Payment for services is made in the national currency of Ukraine – hryvnia (UAH). Late payment by the Client for confirmed services is considered by the Parties as the Client’s отказ from the Agreement.
3.4. If the Client uses a bank card that does not belong to the Client, the Client must obtain written consent to make the purchase from the direct owner (holder) of the bank card. Any risks (including liability to third parties) related to non-compliance with this clause, as well as compensation for losses associated therewith, shall be borne by the Client.
3.5. The Client shall be deemed to have fulfilled the payment obligation after the funds are credited to the Agent’s bank account. The Agent’s obligation to issue and provide tickets and additional services arises only after payment is received.
3.6. The Agent shall not be liable if unpaid services or paid but not yet confirmed services are canceled or not confirmed by the Provider or Carrier, as well as if the Provider (Carrier), for reasons beyond the Agent’s control, does not provide the Agent with tickets. The Parties understand that the Agent may be unable to fulfill the Order at the same price specified in the confirmation. Additional services and tickets, as well as tickets under different orders, are confirmed, canceled, changed and refunded as separate Services and do not depend on each other. Non-confirmation of an additional service does not lead to cancellation of an already confirmed ticket and vice versa. Changes made by the Service Provider under the conditions of charter program performance within one Order do not result in changes in other Client bookings made under other Orders.
3.7. Fare prices are valid at the time the confirmation of the possibility to fulfill the Order is provided and may be changed by the Service Provider before the booking, ticket and/or other services are issued, without notifying passengers. If, when issuing tickets and/or other services, the price does not correspond to that stated in the Order, the Agent informs the Client about the price change and has the right to send the Client an invoice for the additional payment and the deadline for such payment, and the Client is obliged to pay within the period specified by the Agent. If the Client fails to make such additional payment or makes it after the specified deadline, the Agent is not obliged to refund the funds received from the Client. The Client may apply for a refund directly to the Service Provider. At the same time, the Agent’s Service Fee is non-refundable, as the Intermediary Services are considered fully rendered.
3.8. In case the Client’s order is not properly fulfilled, the bank’s acquiring commission is not refunded.
3.9. After receiving payment, no later than 1 (one) day prior to the departure date, between 15:00 and 19:00 Kyiv time, the Agent issues and sends to the Client’s email the electronic tickets and/or itinerary receipts and documents, provided that the Carrier (Provider) duly and timely sends such electronic tickets and/or itinerary receipts to the Agent. The Agent is deemed to have fulfilled its obligations after performing all actions предусмотрені by this Agreement (reservation, payment, issuance) and sending the tickets and documents received from the Provider to the Client’s email. The risk of non-receipt of documents or evasion from receiving them is borne by the Client.
3.10. The cost of tickets and additional services stated in the confirmation includes expenses for payment of tickets and additional services to the Provider, the Agent’s Service Fee, and payment system commissions. The Agent’s Service Fee and payment system commissions are non-refundable to the Client.
The ticket price and additional services include the Agent’s Service Fee. The Agent’s Service Fee is the difference between the amount charged to the Client for the ticket, additional services or accommodation and the amount paid to the supplier providing transportation services under a charter (freight) agreement or the company providing transportation or accommodation services. The Agent’s Service Fee is the Agent’s property, is set by the Agent independently and does not require approval by the Client. In the event of a full or partial refund of a ticket, the Service Fee is non-refundable.
3.11. Under Ukrainian law, a ticket constitutes a contract of air (other) transportation between the passenger and the carrier. Transportation obligations and all related obligations arise directly for the carrier and/or the Service Provider.
3.12. The Client who concluded the Agreement by accepting the Offer has the right at any time to request from the Agent acts of services rendered. These documents in two copies are sent to the address specified by the Client. If within 10 days after the services are rendered the Client does not contact the Agent with a request to provide the originals of the acts of services rendered, or does not submit a claim regarding the quality of the services, the services are deemed to comply with the Agreement requirements and accepted by the Client in full.
3.13. The Client becomes familiar with all terms of the Order during the booking process. If any terms of the Order and booking of Services are unclear to the Client, including terms of cancellation, refund, or making changes to an issued Order, the Client must clarify the required information by contacting the Agent via the contact phone number or by sending a request to the Agent’s email before paying for the Order. Payment of the Order by the Client is evidence of unconditional acceptance of the terms of the Services and this public offer Agreement.
4. RIGHTS AND OBLIGATIONS OF THE AGENT
4.1. The Agent shall:
4.1.1. Book, pay for and issue ticket(s) and other services to the Client in accordance with the Client’s confirmed Order.
4.1.2. Provide the Client with accurate information about the transportation rules established by the carrier.
4.1.3. No later than 1 (one) day prior to the departure date, between 15:00 and 19:00 Kyiv time, send to the Client by email the electronic ticket, itinerary receipt or voucher received by the Agent from the Carrier (Provider). If the ticket was booked by the Client less than 24 hours prior to departure, the electronic ticket or itinerary receipt is sent no later than 3 (three) hours prior to departure. Incomplete or late payment by the Client gives the Agent the right to refuse issuance of such documents.
4.1.4. Inform the Client about changes in the list of Services or about the impossibility to provide a paid Service, provided that the Service Provider timely informed the Agent.
4.2. The Agent has the right to:
4.2.1. If necessary, provide the Client with additional services as per the list and on the terms defined by the Parties in additional agreements to this Agreement.
4.2.2. Perform actions regulated by the Anti-Fraud Policy.
4.2.3. Collect information about the Client’s bookings in order to inform the Client about special offers, promotions and additional services.
5. RIGHTS AND OBLIGATIONS OF THE CLIENT
5.1. The Client shall:
5.1.1. Make timely payment and provide complete, true and accurate information required to issue the ticket (passport data of all passengers) and other services (information upon the Agent’s request depending on the selected service).
5.1.2. Provide the Agent with accurate email address and phone number required for prompt communication.
5.1.3. Provide the Agent in writing in advance with information about circumstances that prevent provision of services to the Client (Passengers), including but not limited to:
• any illnesses and related medical contraindications. The Client must independently determine the possibility of using air transport based on health condition;
• any previous conflict situations with state authorities or carriers;
• restrictions on the Client’s right to leave Ukraine;
• the Client’s foreign citizenship and the visa regime between the country of departure and the country of the Client’s citizenship, if the Client is not a Ukrainian citizen.
5.1.4. Independently agree with the Carrier or the Carrier’s representative on transportation of:
• the Client with a child under 2 years old;
• an unaccompanied child to be transported under the Carrier’s supervision;
• a seriously ill Client;
• a stretcher patient;
• a hearing-impaired Client without an escort;
• a visually impaired Client with a guide dog;
• an unaccompanied visually and/or hearing-impaired Client transported under the Carrier’s supervision;
• a Client with reduced mobility and/or requiring special assistance;
• a Client with oversized, heavy baggage or baggage requiring special transportation conditions;
• currency in banknotes or coins, shares, bonds and other securities, credit and bank cards, jewelry, precious metals, precious or semi-precious stones including industrial diamonds (hereinafter – valuable cargo);
• dogs, cats, birds and other small domestic (tame) animals (hereinafter – domestic animals (birds)), animals, birds, insects, fish, etc. (hereinafter – live animals).
5.1.5. Timely (at least one day prior to departure) уточнити with the Carrier or the Carrier’s representative the time and place of departure, departure airport, and other essential data.
5.1.6. Independently monitor the email specified by the Client to receive letters and notifications about changes in the booking and any other information regarding the Client’s order.
5.1.7. Before transportation begins, accept the tickets sent by the Agent and timely deliver them to the Passengers. The Client must check the received tickets and notify the Company without delay of any deficiencies found. The Client agrees to receive tickets later than 24 hours before the start of transportation. The Agent is not liable for operation of communication channels; therefore, the obligation to уточнити the timing of receiving tickets rests with the Client.
5.1.8. Arrive at the airport in time (no later than 2 hours before departure) or at the bus departure point.
5.1.9. Have all documents necessary for the flight, including an identity document; for a minor traveling abroad – notarized consent of legal representatives for the minor’s departure; a visa (if required) and other documents required under Ukrainian law and the law of the destination country and/or Carrier rules.
5.1.10. Comply with passenger carriage rules established by the contract with the Carrier (including rules reflected in the ticket), as well as transport charters, codes and relevant by-laws.
5.1.11. Comply with personal safety rules.
5.1.12. Comply with the laws of Ukraine, international treaties of Ukraine and the laws of the country to, from, or through which transportation of Passengers, baggage and cargo is performed, including requirements related to border, customs, migration, sanitary-quarantine, veterinary, phytosanitary and other controls in accordance with the laws of such countries.
5.1.13. Inform all passengers on whose behalf the Client is authorized to act of this Agreement and all information provided by the Agent to the Client, including terms for changes or cancellation of tickets and additional services, and ensure that they comply with all Client obligations under this Agreement. The Client guarantees having the authority to act in the interests of other persons.
5.2. The Client has the right to:
5.2.1. Purchase a Service for third parties or on their behalf only if authorized by such persons to select and purchase the Service and to provide their personal data required for issuing the Service. The Client bears liability to such third parties independently and undertakes to compensate the Agent for all losses incurred as a result of the Client’s breach of this statement.
5.2.2. Receive consultations from the Agent related to implementation of this Agreement..
6. SPECIAL CONDITIONS
6.1. The Agent has the right to refuse to fulfill the Client’s Order in case the Client violates the payment procedure established by this Agreement, fails to provide essential information required for issuing the ticket, or breaches other obligations established herein.
6.2. The Client is warned and acknowledges that funds received from the Client, minus the Agent’s Service Fee, do not belong to the Agent and are paid to the carrier or Service Provider; refunds are possible only subject to the refund conditions defined by the Service Provider. In case of отказ from a ticket and/or additional services, the refund is carried out in accordance with the Service Provider’s rules and applicable law, including the Air Code of Ukraine and the Civil Code of Ukraine, as well as the Law of Ukraine “On Consumer Rights Protection”. The Agent has the right to refuse refund of booking and ticket issuance services and/or additional services, as well as the Agent’s Service Fee, provided to the Client at the time of отказ from the Order. In case of full or partial refund of the ticket and/or other services, the Service Fee is non-refundable.
6.3. If claims arise in connection with cancellation of the ticket and/or other services, the Client has the right to обратиться to the Service Provider. Claims are accepted at the Agent’s postal address within 7 days from the date when the Services were provided or should have been provided under the Order. If the Passenger used an alternative service offered, the Passenger’s or Client’s claims shall be considered unfounded and the services properly provided.
6.4. In case of other claims regarding provision of services by the Agent, Provider, Airline or Carrier, claims from the Client are accepted in writing within 10 days from the date when the Services were provided or should have been provided under the Order.
A Client’s claim must contain:
- full names of passengers, national passport details;
- residence and registration address of passengers;
- contact phone numbers;
- claim text indicating the time and place described;
- passenger signature(s).
Copies of documents related to the described circumstances, incurred expenses, etc. shall be attached.
The claim review period is within 30 calendar days from the moment the claim with all documents is received. This period may be extended by the Agent, Provider, Airline or Carrier to obtain documents and information necessary for review.
6.5. If the Carrier (Provider) cancels tickets and/or additional services, refund to the Client is made exclusively in the case and after the Carrier or Provider refunds the funds to the Agent, unless such refund is made directly to the Client by the Carrier (Provider). The refund is made to the details used for payment. If such details belong to third parties, the refund made to such details is deemed made to the Client.
If, as a result of claim review, the Client and the Agent decide that the Agent will apply to the Service Provider for a refund, the Client must provide the Agent with an application (or other document determined by the Agent) for refund containing:
- for individuals: surname, name, patronymic of the payer, taxpayer registration number (TIN), scan copy of the national passport, Order number, ticket value to be refunded, refund bank details, date and signature;
- for legal entities: name of the legal entity from whose account payment was made, its EDRPOU, Order number, ticket value to be refunded, refund bank details, date and signature of the authorized person.
Copies of the above documents and, if necessary, other documents listed by the Agent are attached. Refund is made no later than 14 business days from the date the Service Provider returns funds.
6.6. The Client is warned and acknowledges that if purchasing tickets and/or additional services of a foreign carrier, Ukrainian law may not apply to relations with such carrier and other requirements and conditions for refunds may apply.
7. LIABILITY OF THE PARTIES
7.1. The Client and Passengers bear liability and are informed and aware that:
7.1.1. Any breach of the Rules and terms of this Agreement, as well as restrictions of the Provider or Carrier, may result in cancellation of the order, denial of access to issued Services, without refund of funds paid for the order.
7.1.2. All stages of creating the Order are solely the Client’s independent choice. The Client bears full responsibility for the accuracy of data provided during booking.
7.1.3. The Client and Passengers bear full responsibility for availability and proper execution of visas and other documents required to cross borders of transit and arrival countries. Validity of the Passenger’s passport and other documents must meet the requirements of the receiving countries.
7.1.4. The Client and Passengers bear responsibility for late submission of claims or non-compliance with required formalities.
7.1.5. Fraud (or attempts thereof) when buying a ticket may lead to problems obtaining visas, during check-in for a flight, etc.
7.1.6. Fraud (or attempts thereof) with банковськими credit cards entails liability under applicable law.
7.2. The Client and Passenger confirm and guarantee that they are informed and agree:
• with requirements for execution and availability of documents necessary for the trip and accept full responsibility for preparing all required documents. The Passenger should independently familiarize themselves with and comply with all requirements of the destination country, including visa requirements, return ticket requirements for visa-free entry (where applicable), medical insurance, proof of sufficient funds, etc., as well as documents for minors under 18, animals, permits for export of weapons, works of art and other permits/approvals. The Agent is not liable for the Passenger’s lack of knowledge or non-compliance with these requirements;
• with requirements for passports and other formal documents, including remaining validity required for visas and entry;
• with specifics and rules of border (customs) control of Ukraine and foreign states;
• that passengers bear full responsibility for validity of passports, consents for minors’ departure, and other border-crossing documents, and for accuracy of information contained therein;
• that deportation of a passenger with invalid entry/exit documents is solely at the passenger’s expense. The passenger must obtain information on deportation procedure at the relevant consulate;
• that the Client compensates the Agent for all expenses incurred due to штрафні sanctions for passenger’s violations of immigration/customs rules of entry/transit countries or deportation of passengers whose tickets were issued by the Agent at the Client’s order within the period determined by the Agent.
7.3. The Agent is responsible for correct issuance of electronic tickets and itinerary receipts according to the Client’s Order.
7.4. The Agent is not liable and does not provide compensation for:
7.4.1. Flight cancellations or changes in departure time, departure/arrival airport, departure/arrival location, aircraft type or other transport vehicle in case of ground transportation, and related changes to the Client’s travel program.
7.4.2. Storage and delivery of the Client’s baggage.
7.4.3. Losses incurred due to removal from a flight and/or denial of exit/entry permission by customs, border, sanitary, migration and other authorities, or due to actions/inaction and/or decisions of official bodies of Ukraine or other countries.
7.4.4. Losses incurred due to:
• late arrival to the airport (check-in) / departure place;
• violation by the Client of Ukrainian law and the law of the country of stay, including customs, border, sanitary and quarantine rules;
• being intoxicated (alcohol/drugs) and inability to use transportation services as a result.
7.4.5. Refusal or late issuance of entry visas by consulates for any reasons, including consular fault or passport non-compliance with requirements of migration/customs/border control authorities.
7.4.6. Losses due to absence, loss or invalidity of a foreign passport and related expenses.
7.4.7. Absence of a foreign passport or notarized consent for departure of a minor Ukrainian citizen traveling abroad without accompaniment of a parent/guardian, specifying travel term and destination.
7.4.8. Absence of travel documents received from the Agent.
7.4.9. Restriction on a passenger’s departure abroad imposed under Ukrainian law.
7.4.10. Losses due to failure to provide and/or provision of inaccurate data necessary to issue tickets.
7.4.11. Actions/inaction and decisions of Providers, their performance/non-performance of obligations under the carriage agreement, failure to provide tickets to the Agent after reservation/payment/issuance, non-performance by the Provider (Carrier) for any reasons beyond the Agent’s control. Disputes under the carriage agreement, including those arising from termination, are resolved directly between the carrier (provider) and the passenger.
7.4.12. Quality of public communication channels through which the Client accesses Services and support operators, and through which any information is sent by the Agent; if due to poor connection an error occurred in selection of a Service, оформление or payment of an Order.
7.4.13. Any consequences arising due to the Client’s lack of information about ordered services because the Client does not check email for messages from the Agent and does not contact the Agent’s support service.
7.5. Within this Agreement, the Parties agree to apply the ICC Force Majeure Clause 2003 (hereinafter – the Clause). The occurrence and duration of force majeure circumstances shall be confirmed by the Chamber of Commerce and Industry of Ukraine or regional chambers within their authority. The Parties agree that an obstacle lasting more than 30 days substantially deprives one or both Parties of what they reasonably expected under the Agreement, giving either Party the right to terminate the Agreement from the date specified in the relevant notice. Consequences of expiry or unilateral termination include:
- if by the expiry/termination date one Party provided services, the other Party shall pay for such services within 10 days from the termination of force majeure;
- if by the expiry/termination date one Party made an advance payment but the other Party did not provide services due to force majeure, that Party shall refund the advance payment in full within 10 days from the termination of force majeure.
7.6. Statements, claims and lawsuits of the Client directly related to transportation and its defects shall be submitted directly to the company providing transportation services, without involving the Agent.
8. TERM AND AMENDMENT OF THE AGREEMENT
8.1. This Agreement becomes effective for each Client from the moment of Acceptance of the Offer and remains in force until services are rendered by the Agent, unless otherwise follows from this Agreement.
8.2. The Agent reserves the right to amend this Agreement or withdraw it at any time at its discretion. If the Agent amends the Agreement, such changes take effect from the moment of publication, unless a different effective date is specified upon publication.
9. TERMINATION OF THE AGREEMENT
9.1. This Agreement may be terminated by mutual consent of the Parties or on other grounds предусмотрені by applicable law of Ukraine.
10. OTHER TERMS
10.1. All matters not regulated by this Agreement are governed by applicable law of Ukraine. Disputes and disagreements arising in performance of this Agreement shall, where possible, be resolved by negotiations. If not resolved, the dispute shall be subject to court proceedings.
10.2. Entire Agreement. This Agreement constitutes the entire agreement between the Agent and the Client. The Agent assumes no terms or obligations regarding the subject of the Offer (Order) not specified in the Offer. An exception may be cases where such terms or obligations are fixed in writing and signed by the Agent and the Customer.
10.3. Severability. If any term of the Offer is deemed invalid or unlawful or cannot take effect under applicable law, such provision shall be severed and replaced with a new provision that максимально corresponds to the initial intent, while other provisions remain unchanged and in force.
10.4. The Client is informed about the transportation rules established by carriers; booking cancellation rules; cases where refunds for tickets are not made. By completing and sending the Order, the Client confirms receipt of such information:
• about the Agent, its working hours, address (location);
• about service prices in hryvnia;
• about the route, arrival and departure dates, service level on board aircraft/train/bus;
• about the need to keep the ticket (unused coupons) throughout transportation;
• that use of the ticket by a person not indicated in the ticket is not allowed; if a ticket is presented by a person not indicated, the ticket is seized by the Carrier and its стоимость is not refunded; the Carrier draws up a report indicating reasons for seizure;
• that if the ticket is declared lost/incorrectly issued/damaged, the Carrier must take all possible measures to establish the fact of заключення the air carriage contract;
• that absence/incorrectness/loss of the ticket does not affect existence/validity of the air carriage contract;
• that offers for tickets with identical routing and/or flight data may be from different Providers;
• that the Carrier may cancel/delay the flight, replace aircraft/transport, change route, departure location, flight schedule due to operational/safety/aviation security requirements, state authorities’ requests within competence, or other operational reasons;
• that the Carrier may change departure time within a day (+/- 24 hours);
• that rail/bus carriers are not liable for delays en route and late arrival if caused by circumstances beyond their control (including border delays, weather, traffic jams, actions of state authorities, road works, passengers’ actions, technical issues not preventable despite reasonable measures), and other reasons;
• that rail/bus carriers may change departure location, schedule, use additional buses and change passenger seat without prior consent/notice;
• that the Service Provider may change flights and/or the Carrier when optimizing a charter program;
• that a Passenger is admitted for carriage upon having a duly issued ticket;
• about the carrier’s transportation rules;
• that Passenger check-in and baggage acceptance is conducted on the basis of the ticket and identity document and other documents required by Ukrainian law;
• that for international travel the Passenger must have properly issued exit/entry and other documents required by the law of the country through/to/from which transportation is performed, and about the requirements for such documents;
• that the Passenger must arrive at the boarding gate not later than the boarding completion time indicated on the boarding pass;
• that a Passenger late for the end of check-in/baggage acceptance or boarding may be denied carriage; checked baggage of a registered Passenger who did not appear for boarding must be removed and inspected;
• that baggage above the free allowance and other paid baggage is charged according to the Carrier’s tariff; payment is оформлена by excess baggage receipt or miscellaneous charges order;
• that meals and hot beverages may not be provided if so established by the Carrier’s rules and the Passenger is informed;
• about consequences of withdrawal from the carriage contract and possible удержання amounts for the relevant category of tickets booked for the Client.
Other information may be provided to the Client upon request orally or (at the Agent’s discretion) in writing.
10.5. By agreement of the Parties, during provision of services, other services may also be provided to the Client.
10.6. By creating an Order, the Client and other persons indicated in the order give their written consent to processing of personal data, including:
• surname, name, patronymic, date of birth, gender;
• passport series and number, persons entered in the passport, other passport data;
• home/mobile phone, email address;
• health status and any other data communicated by the Client during заключення or performance of the Agreement.
10.7. The Client must obtain and guarantees having authority to provide personal data of trip participants specified in the Agreement and its appendices. By concluding the Agreement, the Client confirmed such authority. The Client shall reimburse any expenses related to absence of such authority, including losses due to sanctions of supervisory authorities.
10.8. Personal data processing is carried out by the Agent and/or service providers for the purpose of performing the Agreement (including, depending on the Agreement terms, for issuing travel documents, resolving claims if they arise, providing information to authorized state authorities, including at the request of courts and law enforcement) and includes collection, systematization, accumulation, storage, уточнення (update/change), use, dissemination, depersonalization, blocking, destruction of personal data.
The Client is informed that personal data may be processed by automated and non-automated means. The Client agrees that the Agent may поручити processing of the Client’s personal data to another person. The Client agrees to cross-border processing of personal data.
This consent is valid for an indefinite period. It terminates based on a written statement signed by the Client and delivered or sent by registered mail with acknowledgment of receipt to the Agent and service providers. The Client agrees to processing of personal data until the Agent receives the withdrawal statement. The Client’s rights as a personal data subject have been explained and are understood.



