ENG
UAДоговір публічної оферти
OFFER
for the provision of services for
organization of transport and tourist services
м. Kyiv
Limited Liability Company "Perseus Travel", License for tour operator
activity: Series AG No 580678 dated 11.11.2011, IATA number code: 72-3 2435 0, (hereinafter referred to as
the "Agency"), represented by Director Kucherenko Oleg Vladimirovich, acting on the basis of the Charter, on the
on the one hand, and the Customer on the other hand, about the following:
1. LIST OF TERMS
1.1. "Agreement" means the Agreement on the provision of services for the organization of transport and tourist
services No. 01-29/06/2022 dated June 29, 2022.
1.2. "IATA" means the International Air Transport Association.
1.3. "TIM" - a monthly aviation guide of IATA member airlines, which sets out visa,
customs and other requirements mandatory for entry or transit through the territory of other foreign countries.
countries.
1.4. "Airline" means a legal entity that transports or undertakes to transport
passenger and/or baggage and/or provide the necessary services in accordance with the contract of carriage (ticket).
1.5. "Air transportation" means transportation of passengers and/or baggage by air,
carried out by a regular flight of a certain airline, which is confirmed by a contract of carriage
(ticket).
1.6. "Passenger" means an individual specified by the Customer in the order;
1.7. "Railway ticket services" are services that include:
- provision of reference information on train schedules;
- reference information on the availability of seats and the cost of railway tickets;
- registration/reservation of railway tickets
- delivery of railway tickets to the Customer's office.
- familiarization of "passengers", if necessary, with the rules of border and customs
control
1.8. "Services for providing air tickets" are services that include
- booking an air ticket
- familiarization of "passengers" with the rules of border and customs control;
- selection of the optimal route of air transportation on flights of different
airlines;
1.9. "Service Fee" is a remuneration to the Agency for the services rendered to the Customer in accordance with the terms of this
Agreement, which include:
-selection of the optimal route of air transportation on flights of different
airline companies;
-booking of the air ticket;
-familiarization of "passengers" with the rules of border and customs control;
-providing other related information at the request of the "passengers";
-provision of services for the provision of railway tickets;
-other services ordered to the Agency by the Customer.
2. SUBJECT OF THE AGREEMENT
2.1. The Agency undertakes to provide the following services for a fee and at the expense of the Customer
organization of transport and tourist services (hereinafter referred to as the "Services"):
- booking and issuing airline tickets;
- registration of railway tickets;
- booking of hotel rooms;
- registration of medical insurance policies for travelers;
- delivery of ordered/issued airline and or railway tickets to the
to the address specified by the Customer;
2.2 The Customer undertakes to accept the provided Services and make payment in accordance with the terms and conditions of
of this Agreement.
2.3. The Customer acquires the right to receive such Services in accordance with the terms of the Agreement.
2.4. The subject matter of this Agreement may be extended by mutual agreement of the Parties.
3. RIGHTS AND OBLIGATIONS OF THE AGENCY
3.1 The Agency shall undertake the following obligations under this Agreement:
3.1.1.Accept orders from the Customer for the provision of the Services provided for by the Agreement (including
including booking of airline/train tickets) by phone, e-mail, via
Internet;
3.1.2. To agree with the Customer on tariffs and possible changes in the terms of provision of the Services, the total cost of
air/rail transportation, the amount of the Agency's remuneration, the deadline for its payment, the possibility of
change in the cost of air/rail transportation on the day of payment due to changes in the exchange rate;
3.1.3. To inform the Customer in a timely manner about the route (cities, airports, terminals
departure/arrival terminals), date and time of departure and/or departure, including the start and end time of check-in
for the flight, flight numbers and names of the airlines performing air transportation, type of aircraft, etc.
type of aircraft, etc;
3.1.4. To familiarize the Customer with the rules of application of tariffs of JSC "Ukrzaliznytsia"
and/or the airline and penalties that may be applied in case of change of time and/or dates of
departure/departure, delay, refusal of air/rail transportation, rules and regulations,
provided by the Laws of Ukraine "On Consumer Protection", "On Tourism", etc;
3.1.5. Accept payment for the Services and the cost of air and/or railway tickets from the Customer
in cash/cashless payments or using payment/credit cards. Timely
inform the Customer in any way (including by e-mail,
fax or telephone) about the need to decide on the redemption of pre-booked tickets.
booked tickets before a certain date (event). Otherwise, the pre-booked tickets
may be canceled.
3.1.6. Provide the Services to the Customer only after receiving confirmation of payment for the pre-ordered Services, unless otherwise
for the pre-ordered Services, unless otherwise provided by the terms of this Agreement.
3.1.7. To issue and sell air tickets in accordance with the rules of international and
domestic fares established by airlines and IATA; Issue air/rail tickets in accordance with the Customer's
to the Customer's orders, in compliance with clause 4.1.2. of the Agreement and clause 4.1.2.1. In case of issuing
the Agency issues travel documents and/or makes hotel reservations not in accordance with the data specified in the
in the order (clauses 4.1.2, 4.1.2.1.), the Agency shall reissue such travel documents and/or
hotel reservation in accordance with the Customer's order - at its own expense.
3.1.8. Timely notify the Customer of flight cancellation or postponement, offer
other flight/travel options;
3.1.9. To perform the actions specified in clause 2.1. of this Agreement in accordance with the orders provided by the Customer
orders submitted by the Customer;
3.1.10. Immediately transfer to the Client all documents received in connection with the Agency's fulfillment of its obligations under this Agreement.
its obligations under this Agreement (performing the actions specified in Clause 2.1. hereof);
3.1.11. on the last day of the reporting month to provide the Customer with the Acceptance Certificate of the rendered
services provided.
3.2. The Agency shall have the following rights under this Agreement:
3.2.1. To demand from the Customer proper fulfillment of the terms of the Agreement.
4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
4.1 The Client shall undertake the following obligations under this Agreement:
4.1.1. To send orders to the Agency with the instruction to provide the Services for the Customer's employees
and other persons designated by the Customer. The Customer shall submit an order for the provision of the Services (booking
air transportation, railway tickets and other Services) provided for by this Agreement by e-mail: , telephone
mail: sales@perseytravel.com.ua, by phone (044) 303-95-70, by fax (044) 501-58-37 or
directly at the Agency's office; If necessary, order the delivery of issued tickets to
to the Customer's address;
4.1.2. Within the period specified by the Agency, provide it with documents or copies thereof (passport of a citizen,
foreign passport, visa, hotel voucher) or in writing the information that
necessary for booking and/or issuing air tickets (name, surname, date of
date of birth of the passenger, series and number of the passport of the citizen/foreign passport, date of expiration
expiration date of the passport; visa number, date of issue and period of validity, address of stay for travelers to the following countries:
USA, Canada, Great Britain, Australia, etc., contact phone number of the passenger (the Client - the
the Customer's Principal). Provision by the Customer of passport data of passengers prior to booking for flights of all
without exception, for flights to Russia, the United Kingdom, the United States, Canada, Asia,
Japan, India and China is mandatory in accordance with the requirements of the international APIS (Air Passenger Information
Security) and the legislation of these countries.
4.1.2.1. The Customer shall also indicate the following information in the order
- Surname and first names of passengers (Cyrillic and Latin spelling according to passport data,
depending on the service ordered)
- information on citizenship
- gender of the clients;
- date, time and route of transportation;
- preferred class of reservation;
- wishes for transit points to the destination;
- the need for online registration;
- name of the hotel;
- dates of arrival/departure;
- early check-in/late check-out - form of payment;
- place and date of car delivery;
- transfer route/flight number;
- type of car;
- and other information if necessary
4.1.3. Order the issuance of air / railway tickets from the Agency only if the
all documents necessary for the passenger to comply with the rules of entry/exit, transit, stay
in the countries of travel and/or transit, established by the legislation of such countries, along the entire route
of the passenger's movement.
4.1.4. Timely make all necessary changes to previously submitted orders for issuing
to make all necessary changes to the previously sent orders for tickets.
4.1.5. In case of cancellation of booked or issued air tickets, reimburse
actually incurred by the Agency, including reimbursement of penalties paid by the Agency
sanctions paid to the Agency in connection with the cancellation of booked or issued air tickets. Expenses
of the Agency and penalties shall be reimbursed by the Customer within 5 (five) banking days from the date of
the Contractor has issued the relevant invoice and provided all supporting documents regarding
of the expenses incurred.
4.1.6. To reimburse the Agency for the necessary expenses for the actions specified in clause 2.1. of this
of this Agreement;
4.1.7. Pay the Agency the remuneration in accordance with the terms of this Agreement;
4.1.8. To accept from the Agency all results of fulfillment of its obligations under this Agreement.
4.2. The Client has the following rights under this Agreement:
4.2.1. To require the Agency to properly fulfill the terms of the Agreement;
4.2.2. Receive consultations from the Agency related to the implementation of the provisions of this Agreement;
4.2.3. The Customer shall not be entitled to assign, transfer or otherwise delegate its rights and obligations to third
rights and obligations stipulated by the terms of this Agreement to third parties.
5. MUTUAL SETTLEMENTS OF THE PARTIES
5.1. For the provision of the Services under this Agreement, the Customer shall pay the Agency a fee (hereinafter referred to as
"Service Fee") in the amount specified in the Agency's Invoice.
5.2. The cost of each air and/or railway ticket under this Agreement shall be determined in accordance with
to the tariff policy of the respective carrier and shall be indicated in the respective Invoice
and the Acceptance Certificate of the Services rendered, which are an integral part of this Agreement.
The airfare shall include airline tariffs, airport charges and other mandatory payments,
which are made in favor of the carrier.
5.3. To ensure the timely provision of the Services under this Agreement, the Customer is obliged to
make 100% prepayment of the cost of air and/or railway tickets and the Service Fee for
ordered Services according to the Agency's Invoices.
5.4. The Agency shall systematically provide the Customer with reports on the fulfillment of the obligation according to the
Services to the Customer.
5.5. On the last day of each month, the Agency shall provide the Client with the Acceptance Certificate
for the Services rendered.
5.6. The Customer shall, within 5 (five) banking days from the date of receipt of the Acceptance Certificate
shall return a duly signed copy of the Act to the Agency or
provide in writing a reasoned refusal to accept the Services provided, with a list of comments
to them. If the Customer fails to provide a reasoned refusal within the period specified above, the services
shall be deemed to be duly rendered by the Agency and accepted by the Customer.
5.7. The funds, excluding the Agency Service Fee, are transit funds and belong to the
to the respective carrier.
5.8. Refund of all or part of the amount previously paid by the Customer for air/rail transportation or for unused
transportation, or for an unused section of transportation, shall be refunded in accordance with the rules of the
tariff of the respective carrier upon written application of the Customer.
5.9. In order to receive a refund for unused railway tickets, the Customer shall draw up
on the letterhead of the Customer a letter with a request to make a refund, taking into account penalties
sanctions but not later than 24 hours before the departure of the railway train. In the letter, the Customer shall
must indicate the number of the travel documents to be returned, dates, shrut, name, surname
of the passenger (the Client - the Customer's Principal), and the company's bank details. Only in this case
the Agency will be able to make a refund for unused railway tickets, but not
before receiving the relevant amounts from JSC "Ukrzaliznytsia" to its bank account.
5.10. In case of returning the ticket, the amount of the paid Service Fee is not refundable.
shall not be refunded.
6. LIABILITY OF THE PARTIES
6.1. In case of violation of their obligations under this Agreement, the Parties shall be liable,
determined by this Agreement and the legislation in force in Ukraine. A breach of an obligation is its
non-performance or improper performance, i.e. performance in violation of the conditions specified in the content of the
of the obligation.
6.2. The Agency is not responsible for the actions of airlines and/or third parties, including:
- flight cancellation, change of departure time and/or aircraft type;
-damage, delay, shortage or loss of baggage (both checked and unchecked)
-Non-arrival of vehicles; etc.
6.3. The Agency is not responsible for non-compliance by passengers in whose name
immigration and customs formalities. The Customer shall reimburse the Agency for all expenses,
incurred by the latter in connection with the payment of penalties for violation of immigration and customs rules of the country of entry.
customs rules of the country of entry/transit or deportation of passengers whose air tickets were issued by the
by the Agency at the request of the Customer, only in case of provision of relevant supporting
documents.
6.4. The Customer shall fully indemnify the Agency for all documented losses, including but not limited to
losses, including, but not limited to, penalties, fees and/or expenses paid by the Agency,
incurred by the latter in connection with the Client's breach of its obligations under this Agreement.
6.5. All disputes related to this Agreement, its conclusion or arising in the course of
the fulfillment of the terms of this Agreement shall be resolved through negotiations between the representatives of the Parties. If
the dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established
jurisdiction of such dispute in accordance with the procedure established by the current legislation of Ukraine.
7. CONFIDENTIALITY
7.1. All information about the activities of one of the Parties to this Agreement, which becomes known to the other Party
to this Agreement in connection with the signing and/or performance and/or termination of this Agreement, as well as this Agreement and all annexes, addenda and amendments thereto.
this Agreement and all annexes, addenda and amendments hereto shall be considered confidential information (hereinafter referred to as
"Confidential Information").
7.2. Confidential Information may not be transferred by either Party to this Agreement for
familiarization and/or use by third parties without the prior written consent of the other Party
during the term of this Agreement, as well as within two years from the date of termination of this Agreement.
7.3. It shall not be a violation of clauses 7.1.-7.2. of this Agreement if either Party provides confidential
information to the state authorities of Ukraine, which are authorized to do so and whose
requests are duly executed.
8. FORCE MAJEURE CIRCUMSTANCES
8.1. Neither Party shall be deemed liable for failure to fulfill its obligations under this
this Agreement to the extent that the fulfillment of such obligations is delayed or impossible due to
force majeure circumstances.
8.2. The Parties understand force majeure to mean circumstances of an external nature,
which arose beyond the will of the Parties and which could neither be foreseen nor avoided, including natural disasters
natural phenomena (earthquakes, floods, heavy rains, hurricanes, lightning damage, etc.
etc.), disasters of man-made origin (explosions, fires), circumstances of public life (uprisings,
civil unrest, epidemics, strikes, wars and military operations of any nature, blockades,
adoption of acts by public authorities) that make it impossible to fulfill obligations, and which the Parties
could not have foreseen when signing this Agreement.
8.3. The occurrence of force majeure circumstances shall be confirmed by the Party referring to these
circumstances, in accordance with the procedure established by the current legislation of Ukraine, at the request of the other Party.
9. TERM OF THE AGREEMENT AND OTHER TERMS
9.1 This Agreement shall enter into force from the date of its signing and shall be valid until December 31, 2022, but
in any case until the Parties have fully fulfilled their obligations under this Agreement.
9.2. In the absence of a written notice from one of the Parties 14 days prior to the expiration of the
this Agreement may be extended for one year on the same terms and conditions, such extension
shall be carried out annually, without any restrictions on the number of extensions.
9.3. After signing this Agreement, all previous negotiations, correspondence, preliminary
agreements and protocols of intent on issues related to this Agreement shall become null and void.
legal force.
9.4. The Agreement may be terminated at the initiative of one of the Parties provided that there are no
debts and subject to notification of the other Party 1 (one) calendar month prior to the date of termination.
termination.
9.5. Amendments to this Agreement may be made by mutual agreement of the Parties, which shall be formalized by
by an additional agreement to this Agreement.
9.6. Amendments and addenda, additional agreements and annexes to this Agreement shall be its integral part and shall be legally binding in the event of
part of this Agreement and shall be legally binding if they are in writing and signed by the
by the authorized representatives of the Parties.
9.7. All legal relations arising in connection with the fulfillment of the terms of this Agreement and not
regulated hereunder shall be governed by the laws of Ukraine in force.
9.8. The Parties shall be solely responsible for the accuracy of the details and obligations specified by them in this Agreement
details specified in this Agreement and undertake to notify the other Party in writing in a timely manner of their changes, and in case of
in case of failure to do so, shall bear the risk of negative consequences related thereto.
9.9. Documents transmitted by electronic means shall have equal legal force with the
original, but only until the Parties receive the respective originals.
9.10. Assignment of the right of claim and (or) transfer of debt under this Agreement by one of the Parties
to third parties is allowed only upon written consent of the other Party.
9.11. The Agency has the status of a single tax payer at the rate of 5% (group 3) according to the Tax Code of Ukraine.
Code of Ukraine.
9.12. The Customer has the status of an income tax payer under the general terms and conditions of the Tax Code of Ukraine.
Code of Ukraine.
9.13. This Agreement is made in Ukrainian in 2 copies, each of which has the same
legal force.
LOCATION AND DETAILS OF THE PARTIES
AGENCY CUSTOMER
"PERSEUS TRAVEL" LLC
Legal address:
29, Kopernika St., Kyiv, 04116, office "A"
Address for correspondence:
м. 29, Copernicus St., Kyiv, office "A",
EDRPOU code: 37615909,
bank account IBAN UA 88 300528 0000026005601362575
in OTP Bank JSC in Kyiv, MFO 300528,
Single tax payer certificate
5% (3 GROUP) Series A No549960 dated 01.01.2014,
Phone: (044) 303-95-70, (067) 555 5335
e-mail: sales@perseytravel.com.ua
Director____________ O. V. Kucherenko
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Director ___________________/_______________/