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Public offer agreement

Provision of services related to the prepayment for bus transportation

LLC "ORION-AVTO", represented by Director Valerii Burkun, acting on the basis of the Charter, hereinafter referred to as the "Carrier", and the individual who orders and pays for services related to the booking and payment for bus transportation, hereinafter referred to as the "Customer", have entered into this Agreement as follows:

1. Subject of the Agreement

1.1. Under this Agreement, the Carrier undertakes to provide the services pre-paid by the Customer for bus passenger transportation to the Customer or third parties designated by the Customer, and the Customer undertakes to prepay for the bus transportation services in the manner and under the conditions defined by this Agreement.

2. General Provisions

2.1. This Agreement is a public offer in accordance with Articles 633, 641 of Chapter 53 of the Civil Code of Ukraine and is equivalent to an "oral agreement", and in accordance with the current legislation of Ukraine, it has the proper legal force.

2.2. In accordance with Article 642 of Chapter 53 of the Civil Code of Ukraine, the unconditional acceptance of the terms of this public offer, agreeing to its conditions without exceptions or additions, and familiarization with the full text of this Agreement, which is posted on the website orionbus.net, as well as with all attachments to it, shall be considered the acceptance of the offer, when the Customer makes a payment for the Carrier’s services and receives a corresponding financial document confirming the payment.

2.3. The term of this public offer is not limited.

3. Rights and Obligations of the Parties

3.1. The Carrier undertakes:

  • to provide services as defined by this Agreement and the Passenger Car Transport Services Rules approved by the Cabinet of Ministers of Ukraine on 18.02.1997, No. 176, with subsequent amendments and supplements;
  • to provide consultations on issues arising for the Customer regarding the use of the services: order registration, conditions for rebooking and ticket return;
  • to keep the information received from the Customer during registration confidential, except in cases provided by the current legislation of Ukraine;
  • to inform the Customer about the Passenger Transport Rules and the conditions for order registration, rebooking, and ticket return.

3.2. The Carrier has the right:

  • to change the conditions for rebooking or refunding the payment for unused transportation, after placing the information on the websites of their agents.

3.3. The Customer undertakes:

  • to provide accurate information necessary for order registration.

3.4. The Customer has the right:

  • to request consultations on issues arising regarding the use of the services: order registration, conditions for rebooking, and ticket return;
  • to demand the confidentiality of the information provided during prepayment.

4. Payment Terms and Procedure

4.1. The Customer pays for the Carrier`s services through 100% prepayment.

4.2. The price of the Agreement is formed from the actual cost of the service, tariff, fees, and taxes and is indicated on the ticket. The Customer pays for the Carrier`s services in cash or by bank transfer using a bank card.

4.3. If the Customer refuses to receive the services of the Carrier (bus transportation), the funds (prepayment for bus tickets) paid by the Customer will be refunded in accordance with the Passenger Car Transport Services Rules, approved by the Cabinet of Ministers of Ukraine on 18.02.1997, No. 176, with subsequent amendments and supplements, and the Carrier’s conditions.

5. Service Provision Term

5.1. The service provision term is specified on the ticket. The fact of service completion is the arrival of the bus at the final point indicated on the ticket.

6. Responsibility of the Parties

6.1. The Carrier is responsible for providing transportation services to the Customer or third parties designated by the Customer.

6.2. The Carrier is responsible for delays and/or cancellations, and/or rescheduling of its flights under the conditions specified in the Passenger Transport Services Rules approved by the Cabinet of Ministers of Ukraine on 18.02.1997, No. 176, with subsequent amendments and supplements, and the Carrier’s Rules. However, the Carrier is not responsible for delays, cancellations, or rescheduling of flights caused by circumstances beyond the Carrier`s control, such as weather conditions, restrictions imposed by government authorities, force majeure, etc.

6.3. The Parties are released from responsibility for full or partial non-fulfillment of their obligations under this Agreement if such non-fulfillment is a result of force majeure circumstances, including military actions, blockade of transport routes, natural disasters, acts of government bodies, etc.

6.4. The Carrier is responsible for the level of service on its flights.

7. Dispute Resolution

7.1. The Parties will resolve any disputed issues, disagreements, or claims that may arise regarding this Agreement or its performance through negotiations.

7.2. All disputed issues are considered in the presence of a written request sent by email or other means that ensures the fact of sending.

7.3. If the Parties cannot reach an agreement on disputed issues through negotiations, these issues will be resolved in accordance with the current legislation of Ukraine.

8. Final Provisions

8.1. In all matters not regulated in the text of this Agreement, the Parties are guided by the current legislation of Ukraine.

8.2. In case of changes to this Agreement, its suspension, or termination, the Carrier publishes a statement on its agents` websites 10 calendar days before the relevant date. In this case, the Carrier must provide the Customer with all the services that have been paid for, or return the paid funds in full.

8.3. By making the payment for the Carrier’s services, the Customer gives unconditional and irrevocable consent for the collection and processing - systematizing, accumulating, storing, clarifying, using, distributing, destroying, and in any other way - for the period necessary to achieve the purpose of processing personal data, except in cases provided by the current legislation of Ukraine (Law of Ukraine “On Personal Data Protection” (Articles 6, 8, 10)), of their personal data to the Carrier and its agent who processed the order, as well as to third parties without further notification to the Customer about the processing of their personal data (including their transfer and dissemination), for the purpose of carrying out transportation services (including concluding and executing agreements), the related financial and economic activities, mediation (agency activities), maintaining the internal databases of the Carrier and its agents, and/or implementing and regulating other relationships that require the processing of personal data in accordance with the current legislation of Ukraine. By making the payment for the Carrier’s services, the Customer confirms that they have been informed about the inclusion in the personal data database of the Carrier and the agent who processed the order, their rights, the purpose of data collection, and the recipients of the Customer`s personal data.

8.4. The Carrier guarantees the confidentiality of the received information, except in cases provided by the current legislation of Ukraine.

8.5. Each Party guarantees the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to conclude and perform the Agreement in accordance with its terms.

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