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Public Agreement on the provision of hotel reservation services

This Public Agreement (hereinafter referred to as the "Agreement") defines the procedure for providing and receiving hotel reservation services, regulates relations between the Guest, the Hotel and the Booking center. In the sense of Art. 633 of the Civil Code of Ukraine, this Agreement is a public agreement.

In this Agreement, the terms are used in the following meaning:

Consumer (Guest) - a natural person or legal entity (including a natural person-entrepreneur) who expressed a desire to use reservation services, concluded an Agreement with the Booking center and duly fulfills the terms of the Agreement.

Booking Center (Hotels24.ua) - represented by individual entrepreneurs Denisenko Viktoriia Viktorivna, Perlovska Olha Oleksandrivna, Chaban Tetiana Yuriivna, Sabadan Tetiana Oleksiivna, Kosmina Liudmyla Mykolaivna, LLC "Booking Center Hotels24.ua" and LLC "Hotels24.ua" represented by director Boyarchukov Serhii Anatoliiovych are duly registered and provide intermediary services for the implementation of tourist services. The booking center conducts intermediary activities for the implementation of tourist services of tourism entities, as well as intermediary activities for the implementation of characteristic and related services, and carries out activities in accordance with 79:11 KVED: 2010 - activities of travel agencies and 79:90 KVED-2010 - provision of other booking services and related activities. The booking center acts on behalf, in the interests, and on behalf of the Hotels on legal grounds.

Hotel - a natural person-entrepreneur or a legal entity that provides services for accommodation and accommodation in Accommodation Facilities.

Means of accommodation - hotels, agro-hotels, water hotels, apartment-hotels, recreation centers, boats, rest houses, guest houses, hotel-office centers, hostels, children's camps, camping sites, club hotels, congress hotels, congress centers, business centers, cruise ships, resort hotels, motels, luxury hotels, residence hotels, palace hotels, boarding houses, shelters, sanatoriums, labor and recreation camps, tourist bases, tourist complexes, tourist trains, mountain shelters, flotillas, hostels, youth hotels, bungalows, guest apartments, guest rooms, cottages, caravans, mobile homes, caravans, cottages, tents, caravans, country houses, farmhouses and other temporary accommodation

Terms:

The Booking center carries out economic activity with the help of the Notels24.ua domain website, as well as through the call center (collectively referred to as Hotels24) for the implementation of tourist services in the hotel service of subjects of tourist activity, as well as economic activity for the implementation of characteristic and related services in accordance with 79: 11 KVED: 2010 — activity of travel agencies;

This Agreement is a public offer (official offer) of the Booking center. According to Clause 2 of Art. 642 of the Civil Code of Ukraine (CCU), in case of acceptance of the conditions set out below and payment of services, a legal entity or individual who accepts this offer in this way becomes a Consumer (Guest). This Agreement may be concluded (accepted) at the discretion of the Guest in one of the following ways:

a)By signing it by the Guest or authorized representatives of the Guest and the Booking center;

b)By submitting an application for booking hotel services and making payment in favor of the Booking center or the Hotel. By making a reservation, the Guest confirms that he is completely familiar with, agrees with and accepts the terms of this Agreement.

  1. Scope of the contract
    1. Under the terms defined by this Agreement, the Booking Center undertakes to ensure the provision of tourist services to the Guest according to their application, including the selection, reservation of accommodation, and hotel services during the Consumer's (Guest's) stay, as well as other related services (hereinafter referred to as tourist services), while the Guest undertakes to pay for the provided services directly to the Hotel or the Booking Center.
    2. The guest plans to use tourist services from the hotel service.
  2. Amount and order of payment (Amount of tourist service and order of payment)
    1. The price of tourist services is indicated in the booking application and in the act of settlement (voucher).
    2. The amount due for payment is determined based on the prices set by the Hotel. This amount includes the funds necessary to fulfill the Guest's instructions - the conclusion of a contract with the Hotel, and the remuneration of the Booking Center, which is included in the Hotel's price. Payment for Tourist services is made to the Booking Center on behalf and for the benefit of the Hotel based on the invoice issued and within the period specified in the invoice or upon check-in at the Hotel, depending on the booking conditions.
    3. The price of tourist services from the hotel service includes the cost of accommodation set by the Hotel and the cost of other additional services that are included in the price of the room. In case of non-payment or incomplete payment by the Guest of the amount specified in the invoice, this Agreement is considered not concluded, and the Guest's application (order) is cancelled.
    4. If prepayment is necessary in accordance with the reservation conditions, payment is made by transferring funds to the current account of the Booking center, which accepts funds on behalf of the Hotel, and the date of payment is the date of transfer of funds to the current account of the Booking center.
  3. Rights and obligations of the parties
    1. The Booking center undertakes:
      1. Agree on the application with the Hotel and book a room according to the Guest's preferences.
      2. Transfer the amount for accommodation to the Hotel in the event that a prepayment is required and the Guest has made it.
      3. To provide the Guest with the receipt of payment for the tourist services of the Booking center for hotel reservations — Check-in certificate (voucher).
      4. Provide, upon request of the Guest, an accounting package of documents after payment and provision of tourist services.
    2. The guest undertakes:
      1. To pay for tourist services in a timely manner in accordance with the procedure specified in paragraph 2.3., 2.4. of this agreement.
      2. Independently compensate for damages caused to the Hotel.
      3. Make payment for the use of additional services in places of residence and stay in a timely manner and in full.
    3. The guest has the right to receive:
      - the set of services stipulated by this Agreement;
      - objective and complete information about the status of the order in the Booking center.
  4. Liability of parties and release from liability
    1. In case of untimely fulfillment by the Guest of the obligations provided for in p. 2.1., 3.2. of this Agreement, the Booking center is not responsible for untimely and/or incomplete performance of services under this Agreement.
    2. The Booking center acts as a representative of the Hotel and assumes responsibility for hotel selection and reservation services and, if necessary, on behalf of and for the benefit of the Hotel, accepts payment for accommodation from the Guest and transfers funds for the Guest's accommodation to the Hotel. The Hotel is fully responsible for the provision of hotel services, the formation of cancellation conditions and the processing of refunds. The Booking center is released from the responsibility of providing hotel service services by the Hotel.
    3. The guest is responsible for the correctness and authenticity of the information provided to the Booking center, necessary for the reservation; as well as for compliance with the reservation conditions, including cancellation and check-in.
    4. All claims regarding the quality and volume of provided tourist services from the hotel service are presented by the Guests directly to the Hotel.
    5. When making a reservation on the website or through the client-manager by phone, the Guest independently decides on the Hotel option from the proposed options of Hotels on the website or by the client-manager by phone, and is responsible for the chosen Hotel option and compliance with the reservation conditions.
    6. The term and procedure for canceling a reservation in each specific case is set by the Hotel itself. These terms and conditions are specified in the act of occupancy for the Guest and are binding for both the Guest and the Booking center.
    7. Refunds to the Guest take place after the Hotel has returned the funds to the Booking center within 14 working days in the event that the cancellation of the reservation was made on time, within the terms set by the Hotel and specified in the Act of Check-in for the Guest.
    8. In the case of contradictions related to the fulfillment of the clauses of the said Agreement, the Booking center is solely responsible for the amount of the agent's fee received from the Hotel.
  5. Dispute resolution procedure
    1. The parties undertake to resolve all disputes related to the implementation of this Agreement through negotiations, and in the event of failure to reach an agreement, in a court of appropriate jurisdiction.
  6. Term of validity of the contract and other conditions
    1. The Agreement shall be terminated by the fulfillment by the parties of their obligations in accordance with its terms or by mutual consent of the parties.
    2. The Guest and his authorized persons, who signed this Agreement, confirm that all the personal data of the Guest and the authorized persons of the Guest provided in this Agreement, the application are correct, and expresses his consent to the fact that the Booking center has the right to process all personal data of the persons provided in this Agreement and the application, transfer personal data to third parties for the purpose of providing services under this Agreement, including Hotels, as well as use personal data to send commercial messages and offers. The guest and his authorized persons confirm that they have been informed that personal data is included in the database of the Booking center, about their rights, the procedure for obtaining information and the location of the database.
    3. The Booking center informs the Guest of the information stipulated in this contract by phone and e-mail. The Guest confirms that he bears all the risks associated with the impossibility of notifying the Guest from the specified means of communication.
    4. The Booking center has the right to use the Guest's e-mail address to regularly send him promotional, informative and entertaining letters. At the same time, the Guest has the right to refuse to receive these letters at any time.
    5. By accepting this contract, the Guest confirms that he is acting voluntarily, of his own free will, that he has the authority to conclude the contract on behalf of all persons traveling with the Guest, that he and the persons following him are familiar with all the information.
  7. Miscellaneous
    1. Strict compliance with the terms of this Agreement is mandatory for the Booking center and the Guest.
    2. By concluding this Agreement, the Guest guarantees to the Booking center that:
    3. The Guest has all the rights necessary to conclude this Agreement and receive tourist services in the Accommodation Facilities.
    4. Gives unequivocal consent to receive messages from the Booking center and its authorized persons, including e-mails, phone calls and SMS messages, related to the ordered services, promotions, preventive works, accidents and other information related to the implementation of this Agreement.
    5. Provides unequivocal consent to the fact that the Booking center has the right to unilaterally change the terms of this Agreement without the consent and warning of the Guest.
    6. Gives consent to the assignment of the right of claim regarding debt for services provided under this Agreement without notice to the Guest.
    7. I and the persons living with me agree with all the conditions listed in this Agreement and undertake to comply with them. I (we) have received all the necessary, available and reliable information about the terms of hotel service under the Agreement.