Terms of Service related to the prepayment of bus carriage
The carrier, acting in accordance with the current legislation of
Ukraine, hereinafter referred as CARRIER from one side, and a person
that orders and pays for services related to booking and payment for bus
transportation, hereinafter referred as CUSTOMER from the other side,
agreed as follows:
Subject of Agreement
On the
base on this Agreement, CARRIER is obliged to provide bus transportation
services to CUSTOMER or any third party specified by CUSTOMER which
were pre-paid by CUSTOMER, and CUSTOMER agrees to pay in advance for the
bus transportation services on the terms and conditions determined by
this Agreement and indicated in the Routing Sheet of Passenger which is
considered as an integral part of this Agreement.
General Conditions
- This
Agreement is a public offer in accordance with Art. 633, 641 of Chapter
53 of the Civil Code of Ukraine and is the equivalent of verbal
agreement and has the proper legal power in accordance with the current
legislation of Ukraine.
- In accordance with Article 642 of
Chapter 53 of the Civil Code of Ukraine unconditional acceptance of this
public offer, agreement with its terms without exceptions and
additions, acquaintance with the full text of this Agreement and with
all amendments thereto is the payment by CUSTOMER for the CARRIER's
services and receiving from the CARRIER a relevant financial document
which confirms the fact of the payment.
- Passenger Routing Sheet
(Appendix # 1 to this Agreement) is prepared in accordance with
relevant information about the transportation services which are
available through the "Gillbus-IDS", "Gillbus-GDS" Program Complexes.
- The
number of Passenger Routing Sheet is generated by "Gillbus-IDS" Program
Complex and is unique and is the number of the Public Offer Agreement.
- Term of acceptance of this public offer is not limited.
The rights and obligations of the Parties
CARRIER is obliged:
- to
provide services in accordance with this Agreement and the Rules for
Passenger Automobile Transport, approved by the Cabinet of Ministers of
Ukraine with the Decree #176 of 18.02.1997 with subsequent amendments
and additions;
- to provide consultations to CUSTOMER on using the
service: placing orders, conditions of re-ordering or cancellation of
Passenger Routing Sheet;
- to maintain
confidentiality of information received from CUSTOMER during the
registration, except the cases stipulated by the current legislation of
Ukraine;
- to acquaint the Customer with the Rules of Passenger
Transportation and conditions of the order, reordering and cancellation
of Passenger Routing Sheet.
CARRIER has the right to:
- to
change the terms of reissuance or refund for unused transportation,
pre-placing information in the Program Complex "Gillbus-IDS".
CUSTOMER is obliged:
- to provide reliable information necessary to process his/her order.
CUSTOMER has the right to:
- to
request consultations on the use of the Services: the registration of
the order, terms of reordering and cancellation of Passenger Routing
Sheet;
- to require the maintenance of confidentiality of information, which is provided for pre-payment.
Conditions and order of payment
- The CUSTOMER pays for the services of the CARRIER by 100% prepayment.
- The
price of the Agreement is formed from the price of the actual cost of
the service, tariffs, duties and taxes and is indicated in the Passenger
Routing Sheet. The CUSTOMER pays for the services of the CARRIER by
bank transfer, by credit card, electronic money or by means of another
method, available on the webpage Flyua.com.ua.
- In case the
CUSTOMER cancel the services of the CARRIER (bus transportation), money
(the advance payment for bus tickets), which have been paid, are to be
refund to the CUSTOMER according to the Rules for Passenger Automobile
Transport, approved by the Cabinet of Ministers of Ukraine with the
Decree #176 of 18.02.1997 with subsequent amendments and additions and
Conditions of the CARRIER.
- The Passenger
Routing Sheet is to be exchanged for the ticket in the cabin of the bus
by the representative of the CARRIER (the driver, the steward) or at
ticket offices of the CARRIER. A person, who exchanges a Passenger
Routing Sheet for travel (transportation) documents, is obliged to
present Passenger Routing Sheet and an ID document to the representative
of the CARRIER in the cabin of the bus or at the CARRIER's cashier
desk.
The term of services
The term
of services is shown in the Passenger Routing Sheet. The service is
considered as provided when the CUSTOMER arrives to the destination
specified in the Passenger Routing Sheet.
Responsibility of Parties
- The
CARRIER is responsible for the providing of transportation services to
the CUSTOMER or to third parties indicated by the CUSTOMER.
- The
obligations of CARRIER for delay and/or cancellation, and/or transfer
of its trips on the conditions specified in the Rules for Passenger
Automobile Transport, approved by the Cabinet of Ministers of Ukraine
with the Decree #176 of 18.02.1997 with subsequent amendments and
additions and Conditions of the CARRIER.
- The CARRIER is responsible for the level of service on its routes.
- All
disputes relating to the Services provided to the CUSTOMER are to be
settled by the Parties with the use of personal data of the CUSTOMER,
which were specified during the booking procedure.
Arbitration
Parties
will arbitrate via negotiation any disputes, disagreements or claims
that may arise concerning this Agreement or its execution. All disputed
issues are considered if the written statement was sent by mail or fax.
Extrajudicial procedure for arbitration is mandatory. If the parties are
unable to reach agreement on the contentious issue via negotiations,
these issues are to be considered in accordance with the current
legislation of Ukraine.
Final regulations
- In all the matters which are not regulated by this Agreement, the Parties are governed by the current legislation of Ukraine.
- In
case of a change in the present Agreement, its suspension or
termination the CARRIER makes public statement about it in the Program
Complex "Gillbus-IDS" in 10 days prior to the relevant date. The CARRIER
is obliged to provide the CUSTOMER with all the services, which have
been paid by him.
- The fact of payment by
CUSTOMER for services provided by CARRIER means unconditional and
irrevocable agreement with collection and processing - systematization,
accumulation, storage, refinement, use, distribution, deleting and other
processing - for an unlimited term, except the cases stipulated by the
current legislation of Ukraine, of his/her personal data by the CARRIER
and the owner and/or holder of the Program Complexes "Gillbus-IDS",
"Gillbus-GDS", a Computer Program "E-Travels On-line Auto", as well as
by third parties without further notification of the CUSTOMER about the
processing of his/her personal data (including their transmission and
distribution) in order to implement the activities on providing of
transportation services (including conclusion of contracts), associated
financial and economic activities, intermediary (agent) activities, the
support of the internal databases of the CARRIER and the owner and/or
holder of the Program Complex "Gillbus-IDS", "Gillbus-GDS", a Computer
Program "E-Travels On-line Auto" and/or realization and regulation other
relations that require the processing of personal data, in accordance
with the requirements of the current legislation of Ukraine. The volume
of personal data, which are subject to the processing of personal data
and which may be included in the databases of personal data of the
CARRIER and the owner and/or holder of the Program Complexes
"Gillbus-IDS", "Gillbus-GDS", a Computer program "E-Travels On -line
Auto" is determined by the Parties, as any information about the
CUSTOMER, which has become known to the CARRIER and the owner and/or
holder of the Program Complexes "Gillbus-IDS", "Gillbus-GDS", a Computer
program "E-Travels On-line Auto" in establishing the relations with the
CUSTOMER, as well as in the process of implementation of conditions of
the Contract(s). The CUSTOMER also gives the Carrier and the owner
and/or holder of the Program Complex "Gillbus-IDS", "Gillbus-GDS", a
Computer Program "E-Travels On-line Auto" his/her agreement to a change
the purpose of the processing of personal data defined by this
Agreement. The fact of payment by the CUSTOMER for the services of the
CARRIER means that the CUSTOMER confirms, that he/she informed about
inclusion his/her datain the database of personal data of the CARRIER
and the owner and/or holder of the Program Complex "Gillbus-IDS",
"Gillbus-GDS", a Computer Program "E -Travels On-line Auto", that he/she
informed on his/her rights, the purpose of the collection of the data
and the persons, to whom the personal data of the CUSTOMER are
transferred.
- The CARRIER guarantees the confidentiality of the
information received, except the cases stipulated by the current
legislation of Ukraine;
- Each Party warrants to the other Party
that it has the necessary legal capacity, as well as all the rights and
powers necessary and sufficient for the conclusion and execution of the
Agreement in accordance with its terms.
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