This document is a public agreement under which Farming Enterprise “Eco-House”, hereinafter referred to as the “Provider”, on the one hand, and any individual or legal entity who has voluntarily decided to use the Provider’s services, on the other hand, hereinafter referred to as the “Consumer”, and jointly referred to as the “Parties”, and each separately as a “Party”, have entered into this Public Agreement, guided by Article 633 of the Civil Code of Ukraine, on the provision to individuals of services for visiting the territory of the farm “Safari Park Medvino” and/or other services provided by the Provider, hereinafter referred to as the “Agreement”, as follows:
GENERAL PROVISIONS
This Agreement is a public agreement pursuant to Article 633 of the Civil Code of Ukraine; the terms of this Agreement are established equally for all individuals, except for persons who are granted benefits and/or other advantages under the current legislation of Ukraine, provided that such legislation applies to the Provider.
Definitions of the terms used in this Agreement:
Public offer – the Provider’s proposal to enter into this Agreement with it, addressed to any adult and legally capable individual in accordance with Article 641 of the Civil Code of Ukraine.
Acceptance – the Consumer’s full and unconditional consent to the Provider’s proposal to enter into this Agreement and full agreement with all terms of this Agreement, performed by any of the methods specified in the Agreement. The Consumer’s consent confirms that the Consumer understands the significance of his/her actions, that all terms of the Agreement are clear to the Consumer, and that the Consumer is not acting under the influence of mistake, deception, violence, hardship, etc.
Agreement of accession to the public offer agreement – an agreement whose terms are established by the Provider in the public offer agreement for the provision of services for visiting the territory of “Safari Park Medvino”, which may be concluded only by the Consumer’s accession to the proposed public offer agreement through payment of an invoice for the provision of services for visiting the territory of “Safari Park Medvino” issued by the Provider. The Consumer may not propose his/her own terms of the agreement.
Service – a service for visiting the territory of “Safari Park Medvino”, as well as other services that may be provided to the Consumer by the Provider in connection with visiting the territory of the farm “Safari Park Medvino”.
Visitor (Visitors) – an individual(s) who uses/use or has/have actually used the services for visiting the territory of “Safari Park Medvino”.
Admission document – a document granting the right to visit “Safari Park Medvino” — a ticket or another document in the form approved by the Provider, which confirms the right of the person presenting it to receive the services that are the subject of this Agreement.
Enclosure – an intentionally isolated area, covered or open, arranged for semi-free keeping of animals outdoors;
Cage – an artificial habitat fenced on all sides for keeping birds and animals in captivity, made in the form of a box of metal rods and bars or mesh;
“Safari Park Medvino” – a private facility located at the address: Kyiv Region, Vyshhorod District, near the village of Hornostaipil, territory of Farming Enterprise “Eco-House”, where activities involving the breeding of wild animals in semi-free conditions are carried out, and where enclosures and cages with animals are located;
Carriageway – a part of the territory of “Safari Park Medvino” intended for vehicle traffic and local roads included in the excursion route;
Excursion — an individual or group visit to the territory of “Safari Park Medvino” along a route established by the Provider.
Parties to this Agreement – the Provider and the Consumer;
Territory – the territory of “Safari Park Medvino” and other territories where excursion routes are laid out.
Transport – means of movement (bicycles, ATVs, buggies, cars, buses, etc.) used for conducting excursions.
https://medvino.uaThe text of the Public Offer (Agreement) is always placed on the information stand, as well as on the Provider’s official website https://medvino.ua, and must be offered to the Consumer for review before the Consumer accepts the Public Offer (Agreement).
1. SUBJECT OF THE AGREEMENT
1.1. The subject of this Agreement is the legal relationship arising in connection with the Provider’s provision to the Consumer of the service of visiting the territory of “Safari Park Medvino”, as well as other services that may be provided to the Consumer by the Provider in connection with visiting the territory.
1.2. Under this Agreement, the Provider provides the Service, and the Consumer undertakes, in accordance with the terms of this Agreement, to pay for such Service in the manner and under the terms specified by this Agreement.
The Consumer is obliged to acquaint the Visitors for whom he/she purchased an admission document with the terms of this Agreement and, mandatorily, with the rules for staying on the territory of “Safari Park Medvino”, which form part of this Agreement.
1.3. The Agreement shall be deemed concluded from the moment the Consumer performs the actions provided for in clause 1.6 of the Agreement, which means the Consumer’s full and unconditional acceptance of all terms of the Agreement without any exceptions and/or restrictions in accordance with Article 642 of the Civil Code of Ukraine. The Agreement concluded with the Consumer by accepting the Public Offer has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to an agreement signed by the Parties. The Agreement remains in force throughout the entire period of the Consumer’s stay on the territory or until termination on the grounds specified by the terms of the Agreement and/or the provisions of the current legislation of Ukraine.
1.4. All terms of the Agreement set out in this public Agreement are binding upon the Parties. Before starting to use the Service, each Consumer must read the terms of this Agreement and all Rules posted (published) on the website: www.medvino.ua and at the entrance to “Safari Park Medvino”.
1.5. Entering into this Agreement means that the Consumer:
1.5.1. has fully read the rules for the provision of the Services specified in this Agreement;
1.5.2. considers them acceptable for himself/herself and for the Visitors for whom he/she purchased an admission document;
1.5.3. accepts all terms of this Agreement without comments or objections.
1.6. The Agreement shall be deemed concluded from the moment the Consumer performs any of the following actions:
1.6.1. purchase or acquisition in any manner by the Consumer (Visitor) of an Admission Document;
1.6.2. payment by the Consumer of the cost of the Service (including by cashless payment based on the Provider’s invoice or payment through the online store www.medvino.com.ua, www.medvino.ua);
1.6.3. entry (drive-in) of the Consumer (Visitor) onto the Territory;
1.7. This public agreement governs exclusively the relationship between the Consumer and the Provider related to visiting the territory of the Farm “Safari Park Medvino”. Other paid services that may be provided to the Consumer on the territory of the Farm “Safari Park Medvino” by the Provider or by third parties are governed by separate agreements.
2. PROCEDURE FOR PROVIDING SERVICES
2.1. Due to the presence of wild animals on the Territory, in order to prevent harm to the health of Visitors, their property, and the health of the animals, movement around the territory is carried out exclusively along excursion routes in the presence of the Provider’s competent personnel (instructor) using transport provided by the Provider. Each group of Visitors must be accompanied by an instructor. Independent movement around the Territory, entry into an enclosure, and entry into other places where wild animals are kept without the accompaniment of an instructor is PROHIBITED.
2.2. The Service is provided daily at the following times: 10:00, 12:00, 14:00, 16:00, 18:00 (in the winter period: 10:00, 12:00, 14:00). In order to receive the Service, the Consumer shall, no later than 3 days before the desired date of the visit, agree with the Provider on the date and time of provision of the service, and within the same period pay the Provider an advance payment of 100% of the cost of the Service by paying the invoice issued by the Provider. The Consumer may also purchase an admission document at the place where the services are provided, subject to the Provider’s ability to provide the specified services.
2.3. The Consumer has the right to refuse the Service at any time before the start of its provision under the terms of this Agreement. If the Consumer has previously agreed with the Provider on the date and time of the visit to the park, the Consumer is obliged to notify the Provider of refusal of the Service no later than 2 days before the agreed visit date. In this case, the Consumer must provide such notice of refusal to visit and refund request in writing or by electronic means with the application of his/her digital signature. In such case, within 14 business days from the date of receiving the Consumer’s notice, the Provider shall refund the funds paid by the Consumer to the account from which the payment was made, or to another account upon the Consumer’s application. If a bank charges a commission for refunding funds to the Consumer, the Provider has the right to withhold the amount of such commission from the funds returned to the Consumer. If the Consumer notifies the Provider of refusal of the Service less than 2 days before the agreed visit date, the funds paid by the Consumer are non-refundable and shall be credited toward reimbursement of the expenses incurred by the Provider. The Service is provided by the Provider daily during working hours specified in clause 2.2 of the Agreement. The working hours of “Safari Park Medvino” are displayed on information boards at the entrance, as well as on the website www.medvino.ua.
2.4. The start of provision of the Service is the moment the Visitor enters the park territory.
2.5. If the Consumer (Visitor) wishes to visit the territory using the Provider’s transport, the Consumer must agree on the possibility of such use simultaneously with ordering the service. Otherwise, the Provider does not guarantee the availability of free transport on the day the services are provided.
2.6. The duration of the excursion around the park territory is 1 hour 30 minutes.
2.7. Payment of the cost or otherwise obtaining an Admission Document and/or presenting such Admission Document to the Provider’s representative for entry onto the Territory shall be considered the Consumer’s (Visitor’s) full and unconditional acceptance of the terms of this Agreement and confirms the Consumer’s (Visitor’s) consent to exercise rights in good faith and strictly perform the obligations arising in connection with the purchase of the Admission Document and visit to the territory, as set out in this Agreement and the Rules placed (published) on the information boards at the entrance to “Safari Park Medvino”, as well as on the website www.medvino.ua.
2.8. The Provider has the right to change the excursion times, types and number of vehicles rented at “Safari Park Medvino”, informing Consumers (Visitors) thereof on the “Safari Park Medvino” website. If the Consumer has made an advance booking, the Visitor(s) under such booking must arrive at the Place of Service Provision on the agreed day no later than 15 (fifteen) minutes before the start of the excursion. The Provider does not refund funds if, due to the Visitor’s lateness, the actual time of provision of the service is shorter than the time agreed upon in the advance booking. If the Visitor fails to appear at the Place of Service Provision on the agreed day and time, the funds paid by the Consumer are non-refundable.
2.9. The Provider has the right to restrict animal viewing for Visitors (during the period of animal breeding, birth, feeding of newborns, etc., or due to technical conditions for keeping animals).
2.10. By Acceptance, the Consumer confirms that he/she agrees that the Provider is not liable, including financially, if the Visitor partially or fully did not see the animals due to physiological and behavioral characteristics of such animals (the animals were sleeping, eating, etc.), and the Consumer agrees that in such case the Service is deemed provided because the Visitor’s visit to the territory took place.
2.11. By accepting this Agreement, the Consumer confirms that he/she understands and is obliged to convey to the Visitors for whom he/she paid for admission documents that all animals located on the Territory, including domestic animals in the contact enclosure, are living beings that have their own behavioral traits and instincts that cannot be controlled by humans; therefore, a Visitor, in exercising his/her wish to pet or feed animals (an animal), including in the contact enclosure, understands the risk that he/she may provoke an instinctive reaction in the animal, and the Visitor bears full responsibility for his/her own health and safety, as well as for the safety of the person he/she accompanies (a child, a group of children, etc.).
Every Visitor during excursions must remember that there are no safe animals; any contact between a wild animal and a human is dangerous!
2.12. By Acceptance, the Consumer confirms that he/she agrees that the Provider is not liable, including financially, if a Visitor or a child accompanied by the Visitor pets or feeds any animal and such animal causes harm to the Visitor or the child accompanied by the Visitor.
2.13. The Consumer (Visitor) confirms that he/she understands that the Provider is not liable for the Visitor’s actions that provoked aggression by any animal on the territory.
2.14. The Provider has the right to restrict animal viewing for Visitors if this is necessary to comply with the requirements of the current regulatory legal acts of Ukraine.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Provider (its employees) has/have the right to:
3.1.1. carry out video surveillance throughout the entire territory, as well as in administrative and production buildings located on the territory of “Safari Park Medvino” (enclosures, cages, pavilions, hangars, etc.);
3.1.2. unilaterally change the operating hours of “Safari Park Medvino” or restrict Visitors’ viewing of part of the territory;
3.1.3. restrict access to the territory or require Consumers (Visitors) to leave the territory, including where they have an Admission Document, if circumstances require this to avoid danger to Visitors or animals, if:
3.1.3.1. the Visitor is intoxicated and/or under the influence of narcotics and/or is aggressive toward other persons or animals;
3.1.3.2. the Visitor has obvious signs of diseases dangerous to animals;
3.1.3.3. the Visitor has items whose presence in public places is prohibited, including weapons, explosive devices, etc.;
3.1.3.4. children under 16 years of age are without adult supervision;
3.1.3.5. the Visitor has violated the requirements established in this Agreement and/or in the event of the Visitor’s violation of public order;
3.1.3.6. in the event of the Visitor’s violation of the requirements of current regulatory legal acts of Ukraine, including sanitary, anti-epidemic, fire safety and other standards.
3.1.4. issue warnings to Visitors regarding non-compliance with the terms established by this Agreement;
3.2. The Provider undertakes to:
3.2.1. provide the Service that is the subject of this Agreement in accordance with this Agreement;
3.2.2. acquaint Visitors with the rules of conduct on the park territory.
3.3. The Consumer (Visitor) has the right to:
3.3.1. necessary, accessible, reliable and timely information in the state language about the terms of provision of the Services;
3.3.2. exercise all rights without exception granted to him/her by law, taking into account the provisions of this Agreement;
3.3.3. if the Provider has deviated from the terms of this Agreement and the Provider’s fault is documented, which worsened the results of the provided Service, or committed other deficiencies in the provision of the Service and this was not caused by the interests of the animals, the Consumer has the right, at his/her choice, to demand that these deficiencies be corrected free of charge within a reasonable period.
3.4. The Consumer (Visitor) undertakes to:
3.4.1. pay the cost of the Service within the time limits and in the amount provided for by this Agreement;
3.4.2. enter the territory only if holding an Admission Document, presenting it to the Provider’s authorized person;
3.4.3. accept the provided services that are the subject of this Agreement;
3.4.4. comply with the terms established by this Agreement and the Rules for staying on the territory;
3.4.5. be attentive and mandatorily read the terms of this Agreement, the Rules for staying on the territory, and the information provided by the instructor;
3.4.6. watch over (supervise/care for) the children accompanying him/her so that the children do not violate the terms established by this Agreement and the Rules for staying on the territory;
3.4.7. Every Visitor during excursions must remember that there are no safe animals; any contact between a wild animal and a human is dangerous! The Visitor is obliged to refrain from actions that may lead to aggressive behavior of animals.
3.4.8. strictly comply with the requirements of the Provider’s personnel (instructor) during excursions and while staying on the park Territory.
3.4.9. compensate for damage caused to animals and to the property of the Provider and/or third parties through the Visitor’s fault.
3.4.10. arrive at the place of the excursion no later than the time of its start. In the event of the Visitor’s lateness, the Provider has the right to refuse to conduct it for the Visitor without compensation for the cost of the admission document.
4. RULES FOR STAYING ON THE TERRITORY
4.1. The Provider warns that wild and timid animals are present on the territory, which act instinctively and may act unpredictably if Visitors violate the rules for staying on the territory, and may cause harm to their health, property, as well as to the health and property of third parties.
4.2. Visitors (Consumers) who have purchased or otherwise obtained an Admission Document granting the right to visit the territory shall be deemed to have read and agreed to these rules for staying on the territory of “Safari Park Medvino”, to understand the danger, and to bear full personal responsibility for their violation.
4.3. For safe stay on the territory of “Safari Park Medvino”, Visitors (Consumers) must comply with these rules.
4.4. Entry of Visitors to the territory where wild animals are kept is carried out by transport with no more than 20 seats (including the driver’s seat). If entry to the territory is carried out by the Visitor’s (Consumer’s) car, he/she bears full responsibility for the technical condition of his/her car. The car must be in good working order (no leakage of fuel, oils or other liquids that may harm animals or the environment). If the Visitor accompanies a child, the car must be equipped with special devices enabling the child to be fastened with seat belts (in cases where this is required by the Traffic Rules). During the excursion, only the number of persons provided for by the operating rules of such car may be in one car.
4.5. Unauthorized entry to the territory where wild animals are kept, as well as movement through this territory without the accompaniment of an instructor, is dangerous and prohibited. The Provider is not liable for any harm that may be caused to the Visitor (Consumer), his/her property and/or the children he/she accompanies as a result of non-compliance with this rule.
4.6. Throughout the entire excursion, Consumers must strictly follow all instructions of the instructor, not leave the car without the instructor’s permission, follow the route determined by the instructor, and not move away from the group. Only the instructor determines where it is possible to stop and get out of the car, as well as the duration of the stop.
While the transport is moving, the Visitor is obliged to hold onto the handrails and be fastened with a seat belt (if provided by the design of the transport). It is prohibited to stand in the transport while it is moving; Visitors must understand that standing in the transport while it is moving may cause harm to the Visitor’s health.
4.7. When traveling through the territory of “Safari Park Medvino”, the speed of transport must not exceed 20 km/h in the enclosure and 30 km/h outside it. A Visitor driving a vehicle must keep a safe distance from animals and other transport. If the Visitor (Consumer) violates the requirements of this clause and this leads to running into people or animals, or to a collision of the transport with other obstacles or transport, the Consumer (Visitor) shall compensate for the damage caused by such collision.
4.8. Adult Visitors (Consumers) bear full responsibility for the safety, life and health of the children they accompany, as well as responsibility for damage caused by them to animals or to the property of the Provider and/or third parties.
Parents of children must know which animals may cause an allergic reaction in their child. If your child is allergic, consult a doctor before visiting the park.
4.9. During the excursion, Visitors (Consumers) must not obstruct other Visitors (Consumers) in using the Services or violate generally accepted norms of public order, politeness and goodwill.
4.10. While staying on the park territory, it is STRICTLY PROHIBITED to:
4.10.1. leave children unattended;
4.10.2. pet or touch an animal in any way without the instructor’s consent;
4.10.3. feed animals from hands. As an exception, feeding animals in the contact enclosure is permitted, carried out exclusively with feed purchased from the Provider and with the permission of the instructor, but in any case while maintaining distance and maximum caution;
4.10.4. beat, tease, irritate, frighten animals, shout at animals or otherwise provoke them into aggressive behavior, throw stones or any other objects at animals;
4.10.5. climb over protective plantings, fences, barriers, safety barriers, walls, cross ditches, place children on protective barriers, lean against cages, enclosures and other protective structures;
4.10.6. insert (attempt to insert) limbs (arms, legs) through openings in fences and/or nets;
4.10.7. bring pets with you;
4.10.8. consume food and beverages in places not intended for this purpose;
4.10.9. play music loudly, use vehicle sound signals, or use other items that create loud sounds;
4.10.10. throw garbage anywhere on the territory except in containers specially designated for this purpose;
4.10.11. bring/carry onto the territory items removed from civil circulation or restricted in circulation, including but not limited to: any weapons, ammunition, explosives, toxic substances, narcotic substances, psychotropic substances, their analogues and precursors. Transportation of food and non-alcoholic beverages is allowed exclusively for personal consumption.
4.10.12. smoking and consuming alcohol on the territory, except in specially designated places;
4.10.13. swimming in artificial reservoirs and fishing;
4.10.14. using flash during photography, as well as other lighting equipment that may blind or disorient an animal;
4.10.15. using for commercial purposes photo and video materials filmed on the territory of the Farm “Safari Park Medvino” without the Provider’s permission;
4.10.16. staying on the territory outside the park’s working hours without the Provider’s permission;
4.10.17. conducting film and photo shoots, filming television programs, the work of photographers, student internships, and organizing exhibitions by other organizations on the territory of “Safari Park Medvino” is permitted only with the Provider’s consent and in compliance with the necessary safety rules;
4.11. In the event of violation of these Rules, the Visitor (Consumer) must immediately leave the territory. In this case, the cost of the Admission Document (entrance ticket) is not reimbursed.
4.12. The Visitor also undertakes to leave the territory of “Safari Park Medvino” at the Provider’s request if the Visitor’s behavior is potentially dangerous or harmful to animals, employees or other Visitors.
4.13. These rules may be supplemented and/or amended. The current version of the Rules is published by placing it before the entrance to “Safari Park Medvino”, as well as on the website www.medvino.ua.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1. Information on the cost of services under this Agreement is communicated to the Consumer through information stands located near the entrance to “Safari Park Medvino” in accordance with the tariffs that are an integral appendix to this Agreement, as well as on the website https://medvino.ua.
5.2. Provision of the service under this Agreement is carried out on a prepaid basis.
5.3. To receive the service of visiting the territory of “Safari Park Medvino”, the Consumer is obliged to purchase or otherwise lawfully acquire an admission document. Entry of Visitors to the territory of “Safari Park Medvino” is carried out by presenting the admission document to the Provider’s representative.
5.4. One admission document grants the right of entry to the territory for one person. If a group of Consumers (Visitors) includes several persons, each person is obliged to purchase and present a separate admission document at the entrance.
5.5. For children under 6 years of age, visiting “Safari Park Medvino” is free of charge. Adults accompanying children under 6 years of age purchase an admission document on general terms.
5.6. For some types of excursions, a preferential admission document price applies to children aged 6 to 16. The condition for selling an admission document at a preferential price is presentation of a document confirming the child’s age (child’s birth certificate, passport, student ID card, etc.).
5.7. In the event of partial or complete failure to receive the Service if the Consumer was deprived of the right to further stay on the territory of “Safari Park Medvino” due to violation of the terms of this Agreement, the cost of the purchased or otherwise acquired Admission Document or any other compensation shall not be reimbursed by the Provider.
6. LIABILITY OF THE PARTIES
6.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in accordance with this Agreement and the current legislation of Ukraine.
6.2. The Parties shall not be liable for breach of their obligations under this Agreement if it occurred through no fault of their own. A Party shall be considered not at fault if it proves that it took all measures dependent on it for the proper performance of its obligation.
6.3. The Provider is not liable for property or moral damage caused to the Consumer (Visitor) as a result of wrongful actions of third parties (other Consumers, Visitors) simultaneously present on the territory of the Farm “Safari Park Medvino”.
6.4. The Provider is not liable for property or moral damage caused to the Consumer (Visitor) as a result of disappearance of his/her property during the stay on the territory of “Safari Park Medvino”. To preserve material valuables, the Provider provides a service for storing them in a safe.
6.5. The Provider is not liable for any damage caused to the Consumer (Visitor) by any animal on the territory of “Safari Park Medvino” as a result of the Consumer’s (Visitor’s) failure to comply with the instructor’s instructions and the terms of this public Agreement.
6.6. The Parties shall be released from liability for non-performance or improper performance of their obligations under this Agreement due to force majeure circumstances, such as natural disasters (fires, floods, earthquakes, etc.), military actions, revolutions, epidemics, or interference by competent state authorities, changes in current legislation, as well as other extraordinary circumstances that arose after the conclusion of this Agreement and that the Parties could neither foresee nor prevent by reasonable measures.
7. TERM OF THE AGREEMENT, PROCEDURE FOR ITS RENEWAL AND TERMINATION
7.1. The Agreement shall be deemed concluded from the moment the Consumer performs any of the actions specified in clause 1.6 of this Agreement.
7.2. This Agreement shall be terminated early:
7.2.1. by agreement of the Parties;
7.2.2. on other grounds provided for by the current legislation of Ukraine and/or this Agreement.
7.3. The Provider has the right to terminate this Agreement unilaterally in the event of violation of its terms by the Consumer (Visitor).
7.4. In cases not regulated by this Agreement and its appendices, the Parties shall be guided by the current legislation of Ukraine.
7.5. This Agreement is drawn up in Ukrainian and publicly communicated to all Consumers.
8. DISPUTE RESOLUTION PROCEDURE
8.1. In the event of disputes and disagreements on issues constituting the subject of this Agreement or in connection with it, the Parties shall take all possible measures to resolve them through negotiations.
8.2. If the Parties cannot reach agreement, all disputes and disagreements arising during performance of this Agreement shall be resolved in accordance with the current legislation of Ukraine.
9. FINAL PROVISIONS
9.1. By accepting this Agreement, the Consumer confirms that:
9.1.1. the Consumer has read the terms of this Agreement, as well as the specifics of the provision of services by the Provider under this Agreement;
9.1.2. all terms of this Agreement are clear to the Consumer;
9.1.3. the Provider has provided the Consumer with all additional information that he/she wished to know before entering into this Agreement;
9.1.4. the Consumer has fully agreed to the terms of this Agreement.