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 TTN BTM.
- 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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