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140-A Hetmana Mazepy St,
Ivano-Frankivsk, Ukraine

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PUBLIC OFFER AGREEMENT

on the Provision of Hotel Services

Ivano-Frankivsk

Hotel “Prykarpattya” PrJSC “Ivano-Frankivsktourist”, represented by the Chairman of the Board, Parypa Ivan Vasyliovych, acting on the basis of the Certificate of State Registration, hereinafter referred to as the “Contractor”, of the one part, and any legal entity, individual entrepreneur, or individual, or their authorized representative, who joins this agreement by concluding an accession agreement in the manner determined by such accession agreement, hereinafter referred to as the “Customer”, of the other part, hereinafter collectively referred to as the “Parties”, in accordance with the requirements of Art. 633 of the Civil Code of Ukraine, have concluded this agreement as follows:

1. TERMS AND DEFINITIONS

     

    • 1.1. Public Offer Agreement on the Provision of Hotel Services – an agreement under which the Contractor undertakes to provide hotel services to everyone who applies, while the terms of this agreement are set identical for all Customers, except for those who are granted corresponding benefits by law. The Contractor has no right to give preference to one consumer over another regarding the conclusion of this agreement, unless otherwise established by law. The Contractor has no right to refuse to conclude this agreement if it has the capacity to provide the Customer with the corresponding services.

    • 1.2. Accession Agreement to the Public Offer Agreement on the Provision of Hotel Services – an agreement, the terms of which are established by the Contractor in the public offer agreement on the provision of hotel services, which can be concluded only by the Customer joining the proposed public offer agreement on the provision of hotel services as a whole, by paying the invoice for hotel services issued by the Contractor. The Customer cannot propose their own terms of the agreement.

    • 1.3. Moment of Conclusion of the Accession Agreement – the moment when the Customer pays the invoice for hotel services issued by the Contractor, and the specified funds are credited to the current account of the Contractor or deposited into the cash desk of the Contractor.

    • 1.4. Hotel Service — actions of the Contractor to accommodate the Customer or Guest by providing a room (bed) for temporary residence in the hotel, as well as other activities related to accommodation and temporary residence.

    • 1.5. Guest (guests) – the person(s) who will use or have actually used hotel services.

    • 1.6. Room Booking – a preliminary order made 3 (three) days prior to the start of the scheduled arrival day (but no earlier than 6 months prior to the arrival date).

    • 1.7. Room Reservation – an order made no earlier than 1 (one) day prior to the start of the scheduled arrival day.

2. SUBJECT OF THE AGREEMENT

2.1. Under this agreement, the Contractor undertakes to provide hotel services to the Customer, namely: temporary accommodation and temporary residence services in specially equipped rooms, as well as catering services for the Customer, or third-party Guests specified by the Customer in accordance with the booking order, at the Hotel “Prykarpattya”, located at: 140-A Hetmana Mazepy Str., Ivano-Frankivsk (hereinafter referred to as the Hotel).

3. ORDER OF BOOKING, RESERVATION OF THE CONTRACTOR’S SERVICES, AND THEIR PROVISION

3.1. Ordering (booking) of the Contractor’s services is carried out by the Customer sending a written order for booking the Contractor’s services, indicating the period of stay, date and time of arrival and departure, number of beds and rooms, room category, full name of the Customer or Guests, number of children and their age, extra beds, etc.

3.2. After receiving the booking order, the Contractor sends an invoice for payment to the Customer by fax or e-mail, indicating the cost of the booked services.

3.3. Within 3 (three) days from the moment the Contractor provides the invoice for payment for the booked services, the Customer must pay the full amount of funds specified in such invoice via non-cash transfer, in cash, or using payment cards.

3.4. After the funds are credited to the current account of the Contractor or paid in cash to the Contractor’s cash desk, the latter provides the Customer with a booking confirmation.

3.5. Payment options upon booking and booking types:

     

    • 3.5.1. “Guaranteed Booking 100” — a booking with 100% prepayment of the cost for the entire period of stay. With this type of booking, it is allowed to cancel, change, or modify the booking 3 (three) days before the scheduled arrival date;

    • 3.5.2. “Guaranteed Booking 30” — a booking with 30% prepayment of the cost for the entire period of stay. With this type of booking, it is allowed to cancel, change, or modify the booking 3 (three) days before the scheduled arrival date;

    • 3.5.3. “Non-guaranteed Booking” — a booking without advance payment. With a Non-guaranteed Booking, it is not allowed to cancel, change, or modify the booking.

3.6. In the event that under “Guaranteed Booking 100” the Customer or Guest does not use the accommodation service on the specified day of arrival (no-show) and has not canceled the booking 3 (three) days prior to the expected day of arrival, the prepayment in the amount of 100% of the cost of stay for the entire period of stay is non-refundable and shall be counted as a fine for non-fulfillment of the terms of this agreement by the Customer. In such a case, this booking is canceled.

The specified prepayment, at the discretion of the Contractor, may be returned to the Customer in the event of actual accommodation of other visitors in the room booked by the Customer, and if they stayed there for at least the period ordered by the Customer.

At the same time, the parties agreed that if the conditions of the payment system through which the corresponding transaction for the payment of the Contractor’s services is carried out give the Contractor the right to withhold a fine from the Customer and/or Guest in the amount of the cost of one night’s stay, then in this case the cost of one night’s stay when collecting the fine equals 100% of the total cost of stay for the entire period of stay of such Customer and/or Guest.

3.7. In the event that under “Guaranteed Booking 30” the Customer or Guest does not use the accommodation service on the specified day of arrival (no-show) and has not canceled the booking 3 (three) days prior to the expected day of arrival, the prepayment in the amount of 30% of the cost of stay for the entire period of stay is non-refundable and shall be counted as a fine for non-fulfillment of the terms of this agreement by the Customer. In such a case, this booking is canceled. At the same time, the parties agreed that if the conditions of the payment system through which the corresponding transaction for the payment of the Contractor’s services is carried out give the Contractor the right to withhold a fine from the Customer and/or Guest in the amount of the cost of one night’s stay, then in this case the cost of one night’s stay when collecting the fine equals 100% of the total cost of stay for the entire period of stay of such Customer and/or Guest.

3.8. In the event that under “Non-guaranteed Booking” the Customer or Guest does not use the accommodation service on the specified day of arrival (no-show) and attempted to cancel, modify, or change the booking, the Contractor has the right to collect funds from the Customer or Guest in the amount of 100% of the cost of stay for the entire period of stay as a fine for non-fulfillment of the terms of this agreement by the Customer. In such a case, this booking is canceled. At the same time, the parties agreed that if the conditions of the payment system through which the corresponding transaction for the payment of the Contractor’s services is carried out give the Contractor the right to withhold a fine from the Customer and/or Guest in the amount of the cost of one night’s stay, then in this case the cost of one night’s stay when collecting the fine equals 100% of the total cost of stay for the entire period of stay of such Customer and/or Guest.

3.9. Early check-in (before the checkout hour) is possible only upon prior written agreement with the Contractor.

3.10. In case of a non-guaranteed booking (without advance payment), the booking, at the discretion of the Contractor, may be canceled at 18:00 on the arrival date, Kyiv time. The specified procedure does not apply if the Customer or Guest provides the Contractor or any third party (for transfer to the Contractor) with the Customer’s payment card data for any purpose, including, but not limited to, blocking and/or debiting and/or collecting funds from such payment card.

3.11. Prices for the Contractor’s services booked and paid in full by the Customer cannot be changed.

3.12. Extension of stay of the Customer or Guest beyond the period specified in the booking order, regardless of its reasons (including due to early arrival, later departure, lack of return tickets), as well as accommodation of Guests who arrived without a prior booking for early arrival, is carried out subject to the availability of vacant rooms and is paid to the Contractor at the moment of such extension or early arrival. The fee for services is determined at the moment of arrival.

     

    • Check-out time from the Hotel is 12:00 (local time).

    • Check-in time is 14:00 (local time).

3.13. The reservation procedure is the same as the booking procedure.

3.14. Upon reservation, the Customer must make a prepayment for the first night of stay, after which the Contractor provides them with a written confirmation of room reservation (booking). The Contractor guarantees the readiness of the reserved room for check-in by 14:00 local time.

3.15. In case of untimely cancellation of the order in accordance with the terms of this agreement (including if the Customer or Guest did not use the accommodation service (no-show), or attempts to change the period of stay or in any other way modify the booking order in cases provided for by this agreement), the Contractor has the right to collect a fine from the Customer or Guest in the amount of 100% of the total cost of stay for the entire period of stay of such Customer and/or Guest, by debiting funds from the payment card of such Customer and/or Guest, the data of which (name on the card, number, expiration date, CVC, etc.) were transferred by the Customer or Guest in any way to the Contractor or any third party for transfer to the Contractor, for any purpose, including, but not limited to, for the purpose of blocking and/or debiting and/or collecting funds from such payment card.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Customer is obliged to:

     

    • 4.1.1. Send the Contractor written orders for booking (reservation) of hotel services in accordance with the terms of this agreement.

    • 4.1.2. Bring to the attention of the Guests the necessary information received from the Contractor regarding the hotel services provided by it and the procedure for their provision.

    • 4.1.3. Timely make payments for booked (reserved) services within the deadlines and in the manner specified by this agreement.

    • 4.1.4. Notify the Contractor in writing about the cancellation and/or change of the booked services order no later than 3 (three) days prior to the arrival date of the Customer or Guest (timely cancellation).

    • 4.1.5. Not demand the return of prepayment for booked (reserved) rooms in case of untimely (later than 3 days before the arrival date) cancellation of the order, and/or in case of no-show at the Hotel, and/or an attempt to cancel, modify, or change the order (when this is prohibited by the terms of this agreement).

    • 4.1.6. Pay a fine in the amount of 100% of the total cost of stay for the entire period of stay in case of untimely cancellation of the booked services order and/or in case of no-show at the Hotel, including by providing the payment card data of the Customer and/or Guest.

4.2. The Customer has the right to:

     

    • 4.2.1. Independently and at their own discretion establish the terms of their own settlements with the Guest, if the Customer does not personally use the hotel services under this agreement.

    • 4.2.2. On their own initiative, carry out early settlements with the Contractor.

    • 4.2.3. Refuse the hotel services of the Contractor by making a timely cancellation of the booking within the deadlines specified in clause 4.1.4 of this agreement.

4.3. The Contractor is obliged to:

     

    • 4.3.1. Provide, by posting on the official website of the Hotel on the Internet at: https://hotel-prykarpattya.com.ua, the necessary and reliable information about hotel services, their types, features, and prices, provide the Customer or Guest at their request with other related services, as well as familiarize them with the Rules of Stay at the Hotel.

    • 4.3.2. Receive, process, and confirm (subject to the possibility of providing the corresponding services) the received booking orders for hotel services within a period of no more than 24 hours from the moment of their receipt.

    • 4.3.3. Bear responsibility for the quality of services provided in accordance with the terms of this agreement and the current legislation of Ukraine.

    • 4.3.4. When providing services to the Customer or Guest, comply with the conditions (requirements) specified in the booking order provided by the Customer.

4.4. The Contractor has the right to:

     

    • 4.4.1. Collect fines from the Customer in cases and amounts determined by Section 3 of this agreement.

    • 4.4.2. Refuse accommodation to the Customer or Guest or terminate the agreement (evict) in cases provided for by the Rules of Stay at the Hotel “Prykarpattya”, as well as if the Customer or Guest repeatedly violates internal rules of stay, which leads or may lead to material damage or creates inconvenience for other visitors.

    • 4.4.3. Apply to the Customer or Guest any fines, penalties, and rights determined by the Rules of Stay at the Hotel “Prykarpattya”.

5. MUTUAL SETTLEMENTS OF THE PARTIES

5.1. The cost of services includes: accommodation and breakfast.

5.2. Prices for hotel services offered by the Contractor are determined in the national currency of Ukraine – hryvnia and are subject to payment within the terms specified in the agreement, by payment via bank transfer, in cash, or using payment cards.

6. LIABILITY OF THE PARTIES

6.1. In case of violation of their obligations under this agreement, the Parties shall bear responsibility in accordance with the current legislation of Ukraine. A violation of an obligation is its non-fulfillment or improper fulfillment, i.e., fulfillment in violation of the conditions determined by the content of fulfillment.

6.2. In case of non-provision of hotel services booked and timely paid for by the Customer due to the fault of the Contractor, the Contractor shall pay the Customer a fine in the amount of the full cost of booking. Upon written request of the Customer, the Contractor is obliged to accommodate the Customer or Guest in another hotel located in the given locality, providing services of equivalent or higher quality. Additional expenses incurred in connection with this shall be covered by the Contractor.

6.3. In the event that an agreement on controversial issues is not reached voluntarily between the parties to this agreement, this agreement may be appealed by the interested party to the Commercial Court of Ivano-Frankivsk Oblast.

7. FORCE MAJEURE

7.1. The Parties shall not bear responsibility under this agreement if the impossibility of fulfilling their obligations arose due to circumstances of insuperable force (force majeure circumstances) that do not depend on the will of the Parties and are beyond their competence, which is subject to proof by the Party referring to such circumstances.

Such circumstances include, in particular, military events, natural disasters, strikes, and other similar circumstances. The document confirming the circumstances of insuperable force is a certificate issued by the Chamber of Commerce and Industry (CCI) at the place of stay of the corresponding Party.

8. OTHER CONDITIONS

8.1. Relations of the Parties not regulated by this agreement shall be governed by the norms of the current legislation of Ukraine.

8.2. This agreement may be amended, terminated, or supplemented by agreement of the Parties. The Parties reserve the right to prematurely terminate this agreement in the manner provided for by the terms of this agreement.

8.3. The Parties recognize that all terms of this agreement are confidential information, and neither party undertakes to disclose the terms of this agreement to any third parties.

8.4. The validity period of this agreement is determined by the Parties until the full fulfillment of the assumed obligations, and in terms of settlements – until the moment of full settlement between the Parties.

8.5. The moment of conclusion of this agreement is the moment of conclusion between the Parties of the accession agreement to the agreement on the provision of hotel services, by the Customer making payment of the invoice for hotel services issued by the Contractor. At the same time, payment in full or in part for services under this invoice and crediting of the specified funds by the Contractor is confirmation by the Customer of the conclusion of the accession agreement and acceptance by the Customer of all essential terms of this agreement (Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine).

CONTRACTOR’S DETAILS

PrJSC “Ivano-Frankivsktourist”
Ukraine, 76025 Ivano-Frankivsk
140-A Hetmana Mazepy Str.
Account No. 26002052525156
at JSC “Privatbank” branch in Ivano-Frankivsk
MFO 336677 Code 02659186
E-mail: tourhotel@ukr.net