Individual entrepreneur Shevchenko O.S. (hereinafter referred to as the “Carrier”) hereby offers an indefinite number of individuals (hereinafter referred to as the “Passengers”), who have a sufficient scope of rights and powers, to receive international passenger carriage services in accordance with the provisions of this Agreement.
This Agreement is a public agreement in the meaning of Articles 633 and 641 of the Civil Code of Ukraine, its terms and conditions are the same for all Passengers, and the unconditional acceptance of the terms and conditions hereof shall be deemed as the acceptance of this offer by the Passenger, for which purpose the Carrier publishes this Agreement.
1. GENERAL PROVISIONS
1.1. Each Party warrants and represents to the other Party that it has the necessary scope of legal capacity, as well as all the rights and powers necessary and sufficient for the execution and performance of the Agreement in accordance with the terms and conditions hereof.
1.2. The current version of this Agreement is posted on the Carrier’s website at https://adlertrans.com.ua and shall be available for the Passenger to read.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. In accordance with the terms and conditions of this Agreement, the Carrier shall provide the services for international carriage of the Passenger and his/her luggage (hereinafter referred to as the “Services”), in accordance with the route, date and time of departure chosen by the Passenger, and the Passenger shall pay for the Carrier’s Services in advance.
3. AGREEMENT EXECUTION PROCEDURE
3.1. This Agreement shall be concluded by and between the Passenger and the Carrier in the form of an accession agreement (Article 634 of the Civil Code of Ukraine).
3.2. The acceptance of the terms and conditions of this Agreement shall mean the complete and unconditional acceptance of all the terms and conditions of this Agreement by the Passenger, without any exceptions and/or restrictions, and shall be equivalent to the executions of a bilateral written Agreement on the provision of the Services to the Passenger.
3.3. The Passenger shall accept the Agreement after having read the terms and conditions hereof, which are posted on the Carrier’s website (https://adlertrans.com.ua), by making payments for the Carrier’s Services by in accordance with the tariffs posted on the Carrier’s website (https://adlertrans.com.ua).
3.4. The actions referred to in clause 3.3. of this section, performed by the Passenger shall mean that the Passenger has read this Agreement and accepts the terms and conditions hereof in full.
3.5. The time of acceptance is not limited.
3.6. The Agreement shall be deemed accepted and shall enter into force from the moment of the acceptance and shall stay valid for the entire period of the receipt of the Services, or until it is terminated in accordance with the legislation of Ukraine.
3.7. The execution of this Agreement shall mean that the Passenger:
- has read the rules for the provision of the Services to the extent necessary for him/her;
- recognizes the unconditional professional suitability of the Carrier and the rules for all actions described in this Agreement;
- accepts all the terms and conditions of this Agreement without any reservations.
4. PAYMENT PROCEDURE
4.1. The Services shall be provided to the Passenger exclusively on a 100% pre-paid basis, and the Passenger shall pay for the selected transportation in accordance with the tariffs and in the currency specified on the Carrier’s website (https://adlertrans.com.ua).
4.2. Payments for the Carrier’s Services, as well as other financial obligations of the Passenger to the Carrier that may arise in accordance with the requirements of this Agreement, shall be made by a transfer to the Carrier’s current account using the “LiqPay” system, or online via “Privat24”, or directly through a banking institution using the details posted on the Carrier’s website (https://adlertrans.com.ua).
4.3. In the event that the electronic payment system does not operate for any reason, Passenger may pay for the ticket when boarding a bus to the steward. Payments are accepted only in cash. To avoid bus departure delays, the Carrier recommends arriving at the bus stop no later than 30 minutes before the bus departure and preparing the total amount for the ticket in advance.
4.4. The Passenger’s possession of the ticket shall mean that the Passenger has read and accepts the rules for transporting Passengers and luggage.
4.4. The conditions for refunding by the Carrier the transportation not used by the Passenger are posted on the Carrier’s website (https://adlertrans.com.ua).
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Carrier shall have the right to:
- change the time and place of departure of the bus;
- change the route of the bus;
- change the Passenger’s seat in the bus;
- if necessary, change the route of the bus;
- change the terms of the provision of the Services in respect of re-registration of the order or refund for not used transportation, having previously posted the information on the Carrier’s website (https://adlertrans.com.ua);
- postpone or cancel trips for technical reasons, in connection with bad weather conditions or for other reasons beyond Carrier’s control;
- to continue the trip according to the schedule without the Passenger and without refunding the fare if the Passenger violates customs and border rules and is delayed at the border;
5.1.1. The Carrier shall inform the Passenger in advance of any changes provided for in clause 5.1 of this section by an SMS message / email / telephone call.
5.1.2. If the contact / mobile phone specified by the Passenger in the ticket is incorrect, and it is not possible to contact the Passenger or send an SMS message, the Carrier shall be released from the obligation to inform the Passenger in advance of any changes related to the provision of the Services. No claims will be accepted in such cases.
5.2. The Carrier shall:
- properly provide Services;
- in the event of cancellation or material changes in the terms of the provision of the Services (if the Passenger refuses the order as a result of such changes), give the Passenger an opportunity to travel by another bus of the Carrier, or refund the advance payment to the Passenger;
- provide consultations on any questions that the Passenger has in respect of the provision of the Services;
- keep the information received from the Passenger confidential;
- to make sure that the Passenger has read the rules of passenger transportation, the terms of registration, re-registration of an order and terms of return of tickets.
- do its best to carry and deliver the Passenger and luggage to the destination in a reasonable time. The schedule on the tickets, website, posters, advertising booklets and in other documents is intended for information purposes, and its strict observance is not guaranteed.
5.3. The Passenger shall have the right to:
- receive consultations on any questions that the Passenger has in respect of the provision of the Services by the Carrier;
- demand that the information provided when making the payment is kept confidential.
5.4. The Passenger shall:
- observe the terms and conditions of this Agreement throughout the period of the provision of the Services;
- pay for the Services provided by the Carrier in accordance with the procedure set forth in this Agreement;
- provide documents and reliable information necessary for the provision of the Services;
- follow the recommendations of the Carrier when the Services are provided.
6. TIME OF PROVISION OF SERVICES
6.1. The route, date, time of departure and arrival are posted on the Carrier’s website (https://adlertrans.com.ua) and printed in the ticket purchased by the Passenger.
6.2. The fact of the completion of the service shall be the arrival at the final destination posted on the Carrier’s website (https://adlertrans.com.ua) and printed in the ticket purchased by the Passenger.
7. CONFIDENTIALITY OF INFORMATION
7.1. By providing his/her personal data to the Carrier, the Passenger grants his/her consent to processing of such date for the purpose of issuance of tickets and provision of the Services, payment for the tickets, invoicing, for migration and customs control, for administrative and legal actions, etc.
7.2. The Passenger gives his/her consent to receive information messages from the Carrier. The frequency of such messages depends on factors and actions of the Passenger. If the Passenger wants to refuse to receive information messages (except for those directly related to the ordered Service), he/she shall notify the Carrier about this by sending an email message or making a phone call using the details posted on the website (https://adlertrans.com.ua).
7.3. The Passenger shall be responsible for the information provided to the Carrier for the latter to perform the obligations related to the provision of the Services.
7.4. The Carrier shall have the right to record telephone conversations with the Passenger. At the same time, the Carrier shall prevent unauthorized access to information received during telephone conversations and/or its transfer to third parties that are not directly related to the provision of the Services.
8. LIABILITY OF THE PARTIES
8.1. The Carrier shall not be liable for:
- delay, cancellation, postponement, change of the terms of the provision of the Services where such changes were not due to the Carrier’s fault;
- expenses incurred by the Passenger as a result of late arrival at the destination;
- things left or forgotten in the bus;
- any losses incurred by the passenger as a result of illegal actions of any individual (including other passengers and road users);
- untimely delivery of the vehicle caused by force majeure (including, but not limited to: weather conditions, traffic jams, actions of state authorities, etc., as well as actions of passengers affecting the proper performance of its obligations by the Carrier), deviation from the schedule, or other circumstances (technical problems of the bus on the way to the place of departure), which the Carrier could not reasonably foresee and prevent;
- non-observance of the border and passport control norms by the Passenger.
8.2. The passenger shall be liable for:
- provision of unreliable data when ordering the Services;
- obtaining documents required to cross borders of other states.
8.3. The parties have agreed that any disputes that may arise in connection with the performance of this Agreement shall be resolved through negotiations.
8.4. All disputes shall be considered in the presence of a written application sent by post. The pre-trial dispute resolution procedure shall be mandatory.
8.5. If the Parties cannot reach an agreement on a dispute through negotiations, such dispute shall be resolved in accordance with the legislation of Ukraine.
9. FINAL PROVISIONS
9.1. The Passenger warrants and represents that he/she understands all the terms and conditions of this Agreement and accepts them unconditionally and in full.
9.2. Any issues not regulated by this Agreement shall be regulated by the provisions of the legislation of Ukraine.
10. INFORMATION ABOUT THE CARRIER
Individual entrepreneur Shevchenko O.S.
Address:
136 Peremohy Ave., apt. 34, Kyiv, 03115
Contact phone numbers:
+38068 229 93 03
+38073 229 93 03
+49234 601 46 941
Email: adlerbusreisen@gmail.com