Pozdnii Taras Volodymyrovych FOP, registered and acting in accordance with the laws of Ukraine, guided by Art. 633, 641 of the Civil Code of Ukraine, offers to an unlimited number of individuals to conclude the present Agreement on providing services (hereinafter - the "Agreement") on the following conditions:
1.1 Service - a set of services which are provided by the Executor in the manner and on the terms defined by this Agreement and the terms of services on the Executor's website.
1.2 Public offer - an offer of the Contractor (posted on the Executor's site) to an unlimited number of individuals in accordance with the laws of Ukraine to enter into this Agreement on the terms specified below.
1.3 Executor's website - a web-page in the Internet at https://kuluarpohod.com, which is an official source of informing users about the Contractor and services it provides.
1.4 Acceptance - is a complete and unconditional acceptance by the User of the terms of the Public offer of the Agreement and terms of services on the Provider's site.
1.5 The User - a natural person who has reached the age of 18 years and has made the Acceptance of the Contractor's Public offer stated in this Agreement and paid the cost of the services.
1.6. Parties - the Contractor and the User.
1.7 Prepayment - the cost of the Contractor's services in the interpretation of this Agreement, the term "Prepayment" is used on the site of the Contractor.
1.8 Agreement - a public offer accepted by the User.
1.9 Application - a User's request to perform a hike on the route.
1.10. Questionnaire - a document which the User fills out to transfer his data required to provide him services by the Executor.
1.11. A Teamleader - an experienced traveler who has been on a number of independent and collective journeys. He has practical experience of safe hiking, has knowledge of the terrain.
2.1 The Executor undertakes to enable the User to choose a route and program dates on the Executor's website, to select a Team Leader, to rent equipment, and to provide consultation on preparing for a hike or ascent.
2.2 The User undertakes to pay the Executor the cost of services.
2.3 No claims may be asserted against the Contractor as to the effectiveness of the user's use of the knowledge and skills obtained as a result of the consultation. Responsibility for the use of this knowledge and skills, as well as for any results, direct or side effects resulting from the use of this knowledge and skills lies entirely on the User.
2.4 The purpose of the Contractor's activities is to assist Users in selecting the best route, to advise on the preparation for the hike and to provide an opportunity to establish a connection with a team leader. The Executor is not a party to the relationship that may arise between the User and the Teamleader.
3.1 Services for choosing the route and dates of the hike or ascent are provided to the User on the Executor's website or by phone, which is indicated on the Executor's website. Services of consulting on preparation for a hike or ascent shall be provided by the Executor remotely in a convenient way as agreed by the Executor and the User.
3.2 The term of rendering the services shall be determined individually according to the agreement of the Executor and the User, as well as the dates of the start of hiking or climbing.
3.3 Acceptance of this Agreement shall determine the user's payment, in full or in part, of the cost of services and shall mean full and unconditional acceptance of the terms of this Agreement by the User and shall be equal to the User's handwritten signature under the Agreement.
3.4 From the moment the funds are credited to the Contractor's account the Offer is considered accepted and the Agreement is considered concluded.
3.5 Order of acceptance:
3.5.1 User chooses a route on the Executor's website and gets acquainted with the terms of payment.
3.5.2. After choosing the desired route, the User makes a request for a hike along the route or contacts the Executor in a convenient way.
3.5.3 From the moment of acceptance of this Offer unilateral withdrawal of the user from the Agreement is not allowed.
3.5.4 The service is considered to be provided at the moment of sending an application for a hike or filling out a complete participant questionnaire.
3.6 If there are costs for the route, which the User has chosen, the User shall pay for them himself. And if the User, for personal reasons, is unable or unwilling to make the payment himself, the Teamleader may do so on behalf of the User and at the User's expense. In any case, it shall be considered that the purchase of goods or payment for services under this clause is made directly by the user. Funds paid by the user to third parties shall not be included in the cost of the services of the Service Provider.
4.1 The Contractor has the right to:
4.1.1 Receive from the User information necessary to provide services under this Agreement.
4.1.2 Receive payment for the provided services in the amount and within the terms provided by this Agreement.
4.1.3 Publish any materials and reviews, created by the User in the process of using the service without any limitations or compensation from the Provider.
4.2 Contractor undertakes:
4.2.1 Provide services to the User to the extent required by this Agreement.
4.2.2 Inform the User of the rules and requirements for the organization of the Information and Advisory Services, their quality and content, the User's rights and obligations while receiving the services.
4.2.3 Provide the User with an opportunity to choose the route and date of the hike independently.
4.2.4 Advise the user on the selection and preparation for the hike.
4.2.5 To conduct quality control of the provision of their own services. 4.2.6.
4.2.6 To receive a detailed feedback from the user at his/her discretion and place it on the website.
4.2.7 To keep the terms and conditions of the hiking trips on the website up to date.
5.1 The User has the right:
5.1.1 Receive Services of proper quality in accordance with the terms of the contract.
5.2 The User undertakes:
5.2.1. To pay the fee for the Services in the amount and within the time limits set forth in this Agreement in a timely manner.
5.2.2 Fulfill the requirements of Ukrainian legislation and requirements of the Agreement on organization of services.
5.2.3 To inform the Executor after the Application, but before the payment, if the User is not a resident of Ukraine.
5.2.4 Compare the complexity of the program with the level of his training. If the level of preparation is not sufficient for the successful passing of the route, then refuse to travel or to increase the level of his/her preparation (running, training...).
5.2.5 Have a passport, health insurance and other documents necessary for the trip.
5.2.6 Do not consume alcohol, drugs, etc. a day before the start date of the hike and during the entire hike.
5.2.7. follow the safety regulations posted on the Executor's website. Listen carefully to the instructions of the Team Leader and adhere to them. 5.2.8.
5.2.8. in the interests of himself and the group, to perform bivouac work, and to use the tools carefully and safely during the bivouac work. In the absence of skills to use tools, refuse to do the corresponding work. To fulfill the Team Leader's requirements, instructions and recommendations. 5.2.9.
5.2.9 To inform the Team Leader of any deterioration in health or injury in a timely manner in the personal interests and interests of the group.
5.2.10. to treat with care the equipment - own, received from the Executor or from the third parties.
5.2.11. After completing the hike to return the equipment to the Contractor or third parties from whom it was taken, in the same condition as received. To compensate the Executor or third parties for the damage of the equipment, if any.
5.2.12. The User warrants that he or she is in good health, which must allow the hike or ascent along the chosen route, and that there are no contraindications to the hike or ascent. In case of poor health, diseases, including infectious diseases, the Executor or the Team Leader shall have the right to refuse the User to go on a hike or ascent.
5.2.13. If specific medications are required, the User shall take care of their availability in the personal first aid kit.
5.3 The User shall draw the Contractor's attention to this when filling out the questionnaire if he/she is a minor. The provision of services to a minor shall be stipulated separately and is possible only if this is provided by the route. Provision of services to a minor is only possible in the presence of his legal representatives or other accompanying person, who has been instructed by the legal representatives of the minor.
5.2.14. Care for nature. Leave the parking place in the same or better condition than before staying there. Do not litter along the route.
6.1 The total cost of services provided to the User under this Agreement is the total amount of money paid by the User.
6.2 The cost of each specific service is determined by the Executor in the description of the route, as a Prepayment, which is placed on the Executor's website, or is reported by the Executor personally to the User.
6.3 The cost of services under this Agreement is paid by the user in non-cash form by transfer to the current account of the Executor or by payment on the site.
6.4 The Executor has the right not to return the funds paid by the User for the services, if the User has used the program selection and consultation services, but did not take part in the program.
6.5 In case of early termination of the Agreement on the Executor's initiative, the Executor shall refund only for the services that were not provided by the Executor. Provided services in this case are not compensated. 6.6.
6.6 In case the User refuses the provision of services in advance, the Executor shall refund the paid advance payment under the following conditions:
6.6.1 More than 40 days before the start: the advance payment in full amount is kept by the User on the balance or is returned, minus the commission of the transfer system.
6.6.2 From two weeks to 40 days: the advance payment is returned or remains on the balance minus the actual costs incurred by the Performer.
6.6.3 Less than two weeks before the start: the advance is withheld by the Executor in full and is not refundable.
7.1 The parties shall be liable for non-performance or improper performance of obligations under this contract in accordance with the current legislation of Ukraine.
7.2 Provider's services and all related materials are provided "As is" without any direct warranty. Executor does not provide any guarantees, including on the use of the information received by the User.
7.3 Provider is not responsible for actual, collateral, indirect or direct damages, direct or indirect loss of profit or loss of income, loss of data, performance, goodwill and other intangible assets, related to a) access to services and their use or impossibility of such access or use; b) materials or behavior, including shameful, offensive or illegal, of any third party; or c) unauthorized access, use or modification of materials by User. In no event shall the aggregate liability for all claims for services exceed the greater of the following two amounts: 1000 UAH or the total amount received from the user for the use of paid services during the last six months.
7.4 The User agrees that the disclaimer of warranties and limitation of liability set forth in these terms and conditions reflects a reasonable and fair distribution of risks, and is a prerequisite for the provision of services by the Contractor for an affordable fee.
7.5 The User agrees that any claim related to the Services must be brought in court within the limitation period of one (1) year after the grounds for the claim arose, otherwise such a claim is considered invalid.
7.6 The User agrees that if the User fails to comply with paragraph. 5.2 of this Agreement as to the obligation to pay on time, the Contractor shall not only be entitled to terminate the services until payment is made, but also to terminate this Agreement on the basis of clause 9.1.3 of this Agreement.
7.7. The User understands and acknowledges that the route chosen by him/her under this Agreement can be extreme in nature and can be associated with risks to life or health. The User undertakes not to file any claims and legal actions against the Contractor in case of unfortunate events. The User shall insure his/her life and health independently and be responsible for them in case of violation of the safety regulations posted on the Provider's website and explained to him/her by the Executor before the hike.
7.8. In the programs held outside of the territory of Ukraine, the Team Leaders are not a party of this Agreement. Team Leaders do not use joint hikes for profit. They limit the sum of contributions of Users to expenses corresponding to actually necessary expenses for realization of the joint hike.
7.9 In trekking on the routes conducted outside of the territory of Ukraine, the services of the Executor under the present Contract and the fact of trekking on the route together with the Team Leader are not one whole and constitute different subjects of law.
7.10. The Executor and the TeamLeader are not responsible for the actions of third parties, including illegal ones, and for the consequences of such actions.
7.11. The Executor and the TeamLeader shall not be responsible and shall not hold any compensation for negative consequences which occurred due to: unreliability of the information provided by the User, cancellation or change of flight times, change of service conditions by the User (stay in hotels, delays ...), loss of luggage, documents and other valuables of the User, decisions, actions or inactions of third parties, including authorities of the country in which the hiking or climbing route is located.
7.12. The User shall reimburse losses and damage caused by him and his actions. Including to compensate the Executor or the TeamLeader for the fines paid for the client.
7.13. In case of problems and complaints the User is obliged to address them to the Executor. In case the User has not contacted the Executor during the rendering of services it is considered that the services have been rendered qualitatively and without complaint and have been accepted by the User.
7.14. Costs associated with early termination of the route with the group, including the cost of evacuation of the user, regardless of its cause, shall be borne by the user.
8.1 The Parties shall be exempt from liability for failure to perform their obligations if such failure is caused by circumstances beyond the control of the Parties, namely: acts of war, natural disasters, man-made and other accidents, strikes, lockouts, acts of the authorities or administration, etc., which make it impossible to perform the terms of this Agreement (hereinafter Force Majeure).
8.2 Force majeure is applied, and the Party for which it has occurred, is exempted from liability for violation of the terms of this Agreement in the presence of written confirmation (conclusion, certificate) of the Chamber of Commerce and Industry of Ukraine about the occurrence of force majeure.
8.3 The Party, for which force majeure has occurred, shall immediately notify the other Party and provide documents confirming the force majeure.
8.4 Upon receipt of such notice by the other Party, performance of the terms of this Agreement shall be terminated for the entire period of Force Majeure.
8.5 In case of force majeure for more than 3 months, each Party has the right to initiate termination of the contract.
9.1 This Agreement is terminated:
9.1.1 By agreement of the parties;
9.1.2. if it is impossible for the Party of the Contract to fulfill its obligations due to adoption of regulatory legal acts, which changed the conditions established by this Contract, and any of the Parties does not agree with amendments to the Contract.
9.1.3 In cases of violation by the User of the conditions stipulated in clauses. 5.2, 12.1 of this Agreement.
9.1.4. in other cases stipulated by this Agreement and the current legislation of Ukraine.
10.1 The User confirms that he voluntarily and free of charge provides consent to the processing of his personal data (including name, surname and patronymic, place of residence and/or actual location, identification number, state registration data; bank details, telephone numbers and email addresses, etc.) in the Executor's personal database "Users", including the collection, registration, inclusion in the database, accumulation, storage, adaptation, change, update, use, distribution (dissemination). The User gives its consent to the transfer of its personal data to third parties in the minimum amount necessary and only for the purposes of the obligations under this Agreement, which correspond to the objective reasons for the collection of relevant data.
10.2 The User confirms that he has been informed of his rights as defined in the Law of Ukraine No. 2297-VI of June 1, 2010, as amended and supplemented, the purpose of the processing and collection of personal data.
11.1 This Public Offer comes into force from the moment of its posting on the Contractor's website and is valid until its withdrawal by the Contractor.
11.2 The Contractor has the right to amend the terms and conditions of the Offer and/or withdraw the Offer at any time at his discretion. In case the Contractor makes changes in the Offer, such changes come into force from the date of placement of the amended text of the Offer on the Contractor's website, if other term of the changes entry into force is not defined directly in the text of the amended offer.
12.1 The Contractor grants the User a limited, personal, non-exclusive and revocable license for any materials or information obtained in the course of the services or on the Site. The User may use materials and any information provided within the services or on the Site only for personal, non-commercial use, unless the User has received written permission from the Provider to use them for other purposes.
12.2 The User agrees to create and use only one account and not to transfer access or credentials to third parties to access it.
12.3 Using the Services does not give the User the right of material or intellectual ownership of the Services or materials used.
12.4 The User gives the Provider rights to use the information created as a result of the Services. Including photo, audio and video recordings with the User's image or voice, feedback from the User, information about the fact that the User is a User of the Service Provider.
13.1. The parties have established that any disputes and claims will be solved by the parties by means of negotiations.
13.2. The Parties realize that the Services are provided by the Executor, who is registered and acts according to the legislation of Ukraine, whose place of residence is also registered in Ukraine.
13.3. By accepting this Offer the User agrees that all disputes arising from this Agreement shall be governed by the laws of Ukraine, without regard to conflict of laws rules. The User also agrees that all such disputes shall be under the exclusive jurisdiction of the courts of Ukraine.
13.4 The headings used in the articles and paragraphs of this Offer are used only for reference and convenience in using the text. These headings cannot be considered as defining, limiting, modifying or affecting the meaning and content of the terms and conditions of this Offer or any part thereof.
13.5 Should any provision of this Offer be deemed invalid, the validity of its other provisions is not thereby lost.
13.6. In all cases not covered by this offer, the Parties shall be governed by the current legislation of Ukraine.
13.7. Place of the contract conclusion: Kiev, Ukraine.
FOP Pozdnii Taras Volodymyrovych
PJSC CB PrivatBank