This document is a public agreement under which Farm Enterprise “Eco-House”, hereinafter referred to as the Lessor, undertakes, in the manner and on the terms defined by this Public Agreement, to provide, for a fee, ATV rental services to anyone who applies for them and meets the terms of the agreement.
This agreement is a public agreement and an adhesion agreement pursuant to Articles 633, 634 and 787 of the Civil Code of Ukraine.
1. BASIC CONCEPTS AND DEFINITIONS:
Lessor – Farm Enterprise “Eco-House”.
Lessee – any adult and legally capable individual who holds a driving license authorizing the driving of category B1 vehicles and who, after reviewing the terms of this Public Agreement and the ATV safety instructions, voluntarily gives consent to enter into the Agreement (acceptance).
Consent to enter into the Public Agreement (acceptance) – the Lessee’s full, unconditional and irrevocable response to the Lessor’s proposal to enter into an agreement on the terms defined by the public agreement by performing the actions provided for in this public agreement.
Place of service provision – Kyiv Region, Vyshhorod District, near the village of Hornostaipil, the territory of the Safari Park “Medvino” farm.
Tariffs – the fee established by the Lessor for ATV rental, calculated per one hour/route.
2. PROCEDURE FOR ENTERING INTO (ACCEPTING) THE AGREEMENT
2.1. The full text of this Public Agreement is displayed at the Place of service provision and on the website: www.medvino.ua. Every person who wishes to use the service has the right to review the terms of this public agreement before ordering the service. www.medvino.ua
2.2. The Public Agreement is deemed concluded from the moment the Lessee performs any of the following actions:
2.2.1. The Lessee makes a preliminary order (booking);
2.2.2. The Lessee places an order at the place of service provision;
2.2.3. The Lessee makes an advance payment for the rental (including by cashless transfer based on the Lessor’s invoice or payment through the website www.medvino.ua);
2.2.3. The Lessee signs the act of acceptance and transfer of the ATV for rental;
2.3. By giving consent to enter into the Public Agreement, the Lessee confirms full and unconditional understanding of and agreement with all terms of the Public Agreement without exception, including the procedure for providing services, tariffs, early termination terms, releases from liability, as well as all appendices to the Public Agreement, which form an integral part thereof.
2.4. By giving consent to enter into the Public Agreement, the Lessee confirms that he/she fully understands the meaning of his/her actions, is not under the influence of mistake, deception, violence, difficult circumstances, and confirms that he/she is not under the influence of alcohol, narcotics or any other intoxication or under the influence of medicinal products that reduce attention and reaction speed.
2.5. By giving consent to enter into the Public Agreement, the Lessee confirms that he/she has fully reviewed the ATV safety instructions, understands that the ATV is a source of increased danger, and assumes all risks associated with its use.
3. SUBJECT MATTER OF THE AGREEMENT
3.1. The Lessor undertakes to provide the Lessee, for a fee, with movable property for temporary use – an ATV (“rental item”) in fully serviceable condition for a ride along the route chosen by the Lessee, and the Lessee undertakes to duly pay for such use.
3.2. The period of use of the rental item is determined by the duration of completion (travel) of the route chosen by the Lessee through the territory of Safari Park “Medvino”, as determined by the Lessor for each route.
3.3. The rental item, selected route and time of use shall be specified by the parties in the act of acceptance and transfer.
3.4. Transfer of the rental item is carried out under an act of acceptance and transfer after full payment of the rental cost and review of the ATV safety instructions (Appendix No. 1 to this agreement).
4. PROCEDURE AND TERMS FOR PROVIDING RENTAL SERVICES
4.1. The rental item is provided for a ride along a route through the territory of Safari Park “Medvino”. To receive the rental item, the Lessee chooses the desired route through the territory of Safari Park “Medvino” from the list of routes offered by the Lessor.
Each ride route through the territory of Safari Park “Medvino” that is available for ATV rides is posted on the website www.medvino.ua and at the registration stand and includes its map, duration and cost. www.medvino.ua
4.2. The duration of each route is indicated on the Lessor’s website and constitutes the period of use of the rental item. The period of use (time) and the route chosen by the Lessee shall be specified by the parties in the act of acceptance and transfer.
4.3. To rent an ATV, the Lessee shall perform the following actions:
– carefully read this public agreement and its appendices;
– mandatorily review the ATV safety instructions, which are Appendix No. 1 to this agreement and are posted on the website www.medvino.ua and at the rental item issue point. www.medvino.ua
– choose the desired route for the ATV ride;
– pay the rental cost according to the Lessor’s tariffs;
– make the security deposit;
– provide documents identifying the Lessee (passport, tax identification code and driving license);
– receive the ATV for rental under the act of acceptance and transfer;
– after the end of the period of use, the ATV is returned by the Lessee to the Lessor under the act of return from rental.
4.4. Terms for providing rental services:
4.4.1. the Lessor has the ability to provide the ordered rental item to the Lessee;
4.4.2. the Lessee has a driving license authorizing the driving of vehicles of at least category B1;
4.4.3. the Lessee has reviewed the terms of this Agreement;
4.4.4. the Lessee has reviewed the ATV safety instructions;
4.4.5. the Lessee has no medical contraindications (awareness of the presence of medical contraindications to driving an ATV is the Lessee’s obligation);
4.4.6. the Lessee has paid the rental fee;
4.4.7. the Lessee has made the security deposit.
4.5. Inspection of the technical condition of the ATV is carried out in the presence of the Lessee before the act of acceptance and transfer is signed.
4.6. The ATV is returned at the place where it was issued by signing the act of acceptance and transfer of the rental item from rental, recording the technical condition of the ATV and the time of use.
4.7. The Lessee may extend the ATV rental period subject to prior agreement with the Lessor and payment for the additional time of use according to the tariffs in force at the time of extension.
5. BOOKING
5.1. Booking is made in advance through the website www.medvino.ua, by phone, messenger or other channels indicated on the website and directly at the rental location. www.medvino.ua
5.2. Full payment is required to confirm the booking. Payment for services is made in the national currency, hryvnia.
5.3. A booking is considered valid only after confirmation by the administration and subject to the availability of a free ATV for the specified date, time and route.
5.4. Booking cancellation:
∙ no later than 48 hours before the rental – the prepayment is refunded in full;
∙ less than 48 hours before the rental – the prepayment is non-refundable.
5.5. Rescheduling is possible once without penalty, provided that the Lessee notifies the Lessor no later than 48 hours before the rental day.
5.6. In case of adverse weather, technical malfunctions or force majeure, the Lessor has the right to reschedule or cancel the booking with a full refund of the prepayment.
6. PROCEDURE FOR PROVIDING RENTAL SERVICES
6.1. Rental services are provided by the Lessor daily from 10:00 to 16:00.
6.2. The Lessee is obliged to arrive at the Place of service provision on the agreed day no later than 30 (thirty) minutes before the agreed start time in order to review the ATV operating rules and the ATV safety instructions. The Lessor does not refund funds if, due to the Lessee’s delay, the actual rental time is shorter than the time agreed upon at payment. If the Lessee does not appear at the Place of service provision on the agreed day and time, the funds paid by the Lessee are non-refundable.
6.3. The Lessee is obliged to present to the Lessor the original driving license authorizing the driving of vehicles of at least category B1, a passport and a tax identification code.
6.4. The Lessor has the right to refuse to provide services to a Lessee who is under the influence of alcohol, narcotics or any other intoxication or under the influence of medicinal products that reduce attention and reaction speed (if the Lessor has grounds to believe this due to the Lessee’s inappropriate behavior), as well as in the event of refusal to present to the Lessor the original driving license authorizing the driving of vehicles of at least category B1.
6.5. The rental item is provided for use only after full payment of the rental fee and payment of the security deposit.
6.6. The rental item is inspected by the Lessor in the presence of the Lessee and is transferred to the latter in serviceable condition. The Lessor familiarizes the Lessee with the ATV operating rules.
6.7. The Lessee reviews the ATV safety instructions.
6.8. The fact of transfer of the ATV to the Lessee is confirmed by the Lessee’s signature in the act of acceptance and transfer of the ATV. From the moment the ATV is transferred to the Lessee, the Lessor’s obligations are deemed fulfilled and the service is deemed provided.
6.9. While driving, the Lessee must wear a helmet and protective equipment provided for rental together with the ATV and subject to return together with it.
6.10. The Lessee rides along the selected route. Driving the ATV outside the route is prohibited. The Lessee’s ride along the route is carried out accompanied by a park representative.
6.11. Since the ride route passes through the territory of Safari Park “Medvino”, where animals are present, the Lessee is obliged to follow the commands of the accompanying person while moving along the route.
6.12. The accompanying park representative is not an ATV driving instructor, but a person who indicates the route on the grounds of Safari Park “Medvino”.
6.13. The Lessee returns the rental item to the Lessor at the place where it was issued. In the event of early return of the ATV, payment for the unused time of ATV use by the Lessee is not refunded.
6.14. When returning the rental item, the Parties jointly check the serviceability of the rental item and the presence of damage, after which the Lessor records in the act of acceptance and transfer of the ATV the exact date and time of return of the rental item, which is certified by the signatures of the Parties.
6.15. All ATVs must be returned to the Lessor after the period of use specified in the act of acceptance and transfer, and in the event of extension of the ATV rental period (subject to prior agreement with the Lessor and payment for additional time) – by the end of the working day on which they were received, namely by 16:00.
7. SECURITY DEPOSIT
7.1. To secure the Lessee’s obligation to return the rental item to the Lessor in proper serviceable condition, before receiving the item for rental, simultaneously with the rental fee, the Lessee pays the Lessor a security deposit.
7.2. The amount of the security deposit is set by the Lessor for one ATV.
7.3. After the rental item is returned from rental and accepted by the Lessor, the latter is obliged to return the security deposit to the Lessee in full, except in the cases provided for by this Agreement.
8. RENTAL FEE
8.1. For the use of the rental item, the Lessee pays the Lessor a rental fee according to the current tariffs of the Lessor, which are indicated on the Lessor’s website and at reception.
8.2. Before receiving the item for rental, the Lessee is obliged to pay the fee for use of the rental item and the security deposit.
8.3. Form of payment: cash or cashless payment to the Lessor’s current account.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. In connection with entering into this Agreement, the Lessee has the right:
9.1.1. to receive information on the procedure for providing the service, its characteristics, information on the procedure for operating the ATV and other information related to the services;
9.1.2. to receive the rental item in proper serviceable condition at the agreed time with the Lessor at the place of service provision;
9.2. The Lessee is obliged:
9.2.1. to arrive at the place of service provision in due time, no later than 30 minutes before the time agreed by the Parties, to review the ATV safety instructions and accept the item for rental, including fulfilling the conditions regarding payment of the fee and security deposit;
9.2.2. to present to the Lessor the original driving license authorizing the driving of vehicles of at least category B1, as well as a passport and tax identification code;
9.2.3. to review the ATV safety instructions;
9.2.4. while riding, to strictly comply with the ATV operating rules, traffic rules and ATV safety requirements;
9.2.5. while riding, to wear a helmet and protective equipment provided for rental together with the ATV and subject to return together with it;
9.2.6. while riding the ATV, not to exceed the maximum speed of 30 km/h;
9.2.7. not to drive outside the route;
9.2.8. not to transfer control of the ATV to third parties (children, friends, relatives, acquaintances, etc.);
9.2.9. not to ride the ATV with more than one passenger at the same time. The passenger shall wear a helmet and protective equipment throughout the entire ride. Children aged 10 years and older are allowed to ride as passengers.
9.2.10. while riding, not to be under the influence of alcohol, narcotics or any other intoxication or under the influence of medicinal products that reduce attention and reaction speed.
9.2.11. to use the rental item carefully and comply with its operating rules, not to allow its deterioration, damage, loss of the helmet or protective equipment, etc.;
9.2.12. after the rental time ends, to return the ATV, helmet and protective equipment in proper serviceable condition independently, without additional reminder from the Lessee’s personnel;
9.2.13. in case of return of the rental item in improper condition (presence of damage, malfunction, etc.) and/or loss of a helmet or an element of protective equipment, to compensate the cost of repair, the cost of lost equipment and the losses caused.
9.2.14. to follow the instructions of the Lessor’s personnel.
9.3. In connection with entering into this Agreement, the Lessor undertakes:
9.3.1. to timely approve the Lessee’s order;
9.3.2. to timely arrive at the place of service provision at the time agreed by the Parties and transfer the ATV, helmet and protective equipment for rental, provided that the conditions set out in Section 4 of this Agreement are met;
9.3.3. to ensure the serviceable technical condition of the ATV at the time of its transfer to the Lessee for rental;
9.3.4. to provide the Lessee with the ATV safety instructions for review;
9.3.5. to ensure acceptance from the Lessee of the ATV, helmet and protective equipment at the Place of service provision after the end of the rental period;
9.3.6. provided that the Lessee has not violated the terms set out in this public agreement, to return to the Lessee in full the security deposit transferred by the Lessee;
9.4. The Lessor has the right:
9.4.1. to refuse to provide services to a Lessee who is under the influence of alcohol, narcotics or any other intoxication or under the influence of medicinal products that reduce attention and reaction speed (if the Lessor has grounds to believe this due to the Lessee’s inappropriate behavior), as well as in the event of refusal to present to the Lessor a driving license authorizing the driving of vehicles of at least category B1, a passport and tax identification code;
9.4.2. to receive payment for providing the rental item in full;
9.4.3. in the event the Lessee violates the ATV operating rules or safety requirements, to terminate the rental agreement early and demand that the Lessee immediately return the ATV.
9.4.4. to demand from the Lessee payment of the full amount of the fee for the entire actual period of use of the rental item;
9.4.5. to demand that the Lessee return the rental item in proper serviceable condition after expiry of the period specified in the act of acceptance and transfer;
9.4.6. in case of return of the rental item in improper condition (presence of damage, malfunction, etc.) and/or loss of a helmet or an element of protective equipment, to demand that the Lessee compensate the cost of repair, the cost of lost equipment and the losses caused.
10. LIABILITY OF THE PARTIES
10.1. For violation of their obligations, the Parties shall be liable in accordance with the current legislation of Ukraine and this Agreement.
10.2. In the event the Lessee violates the ATV operating rules or safety requirements, the Lessor has the right to warn the Lessee about breach of the Agreement. In the event of repeated violation by the Lessee of the ATV operating rules or safety requirements, the Lessor has the right to terminate the rental agreement early and demand that the Lessee immediately return the ATV. In such case, the funds paid by the Lessee are non-refundable.
10.3. The Lessee undertakes to compensate the Lessor for all possible losses caused to the latter by non-performance or improper performance of the obligations assumed under this Agreement.
10.4. The risk of accidental destruction or accidental damage (spoilage) of the rental item from the moment of receipt for rental until the moment of return to the Lessor shall be borne by the Lessee.
10.5. In case the Lessee returns the rental item in improper condition (presence of damage, malfunction, etc.):
10.5.1. The Lessee is obliged to compensate the cost of repair of the rental item (the market value of a new part requiring replacement, the cost of work to replace parts, the cost of work to restore the original condition of the part/component of the rental item, etc.) within 48 (forty-eight) hours from the moment of return of the rental item or within 48 hours from the moment the Lessor notifies the Lessee of the cost of repair of the rental item. The notification is sent to the Lessee
by any available means or method.
10.5.2. The Lessor has the right to reimburse the cost of repair of the rental item by withholding such cost from the amount of funds transferred by the Lessee as the security deposit;
10.5.3. The Lessor has the right not to return the security deposit until the cost of repair of the rental item has been received.
10.6. The cost of repair of the rental item is determined by the Lessor independently on the basis of a defect report for current repair, based on ordinary market prices. The cost of repair includes the cost of transporting the rental item to the repair location and back to the place of service provision after completion of the repair.
10.7. If the Lessee fails to return the rental item after expiry of the period specified in the act of acceptance and transfer, the Lessor has the right to recover the value of the rental item in the manner determined by this Agreement.
10.8. The Lessee understands that the subject matter of this Public Agreement is solely the provision of an ATV for rental. The Lessee also understands that the ATV is a source of increased danger.
Since the ATV is driven directly by the Lessee, the latter assumes all risks associated with damage that may be caused to his/her health and property, to the health and property of his/her passengers and/or third parties as a result of his/her violation of the ATV operating rules, traffic rules or ATV driving safety requirements. This includes, among other things (but is not limited to), injuries and/or bodily harm from falling from the ATV, overturning of the ATV, intentional or negligent collision of the ATV with stationary objects (trees, bushes, stones, fences), animals, other ATVs, cars, pedestrians, etc., and falling out and damage of mobile phones and other electrical devices.
10.9. The Lessee and/or third parties who are with him/her during the rental waive any claims, lawsuits or demands against the Lessor for compensation for damage to life, health or property that may arise as a result of use of the rental item.
10.10. The Lessor is not liable for any bodily injuries, moral or material damage that may arise for the Lessee or third parties in connection with the use of the ATV.
10.11. The Lessee confirms that he/she and/or the persons accompanying him/her have no medical contraindications to participating in the ATV ride and use the vehicle voluntarily and under their own responsibility.
10.12. If the above consequences occur, claims of third parties regarding damage to their health and/or property caused by the Lessee while riding the ATV shall be resolved by the Lessee independently and at his/her own expense without involving the Lessor.
11. OTHER TERMS
11.1. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to enter into and perform this Agreement in accordance with its terms.
11.2. All terms of the Agreement are binding on the Parties. Before starting to use the rental services, each Lessee is obliged to review the terms of this Agreement.
11.3. If the Lessee does not agree with the terms of the Agreement, he/she has no right to enter into this Agreement. Accordingly, the Lessee who has accepted the agreement confirms that he/she has reviewed and agrees with all terms of this Agreement.
11.4. The Lessor independently, in accordance with and pursuant to the requirements of the current legislation of Ukraine, determines the terms of the Agreement. The Lessor independently has the right to change the terms of the Agreement or do so by any other method not prohibited by the current legislation of Ukraine. At the same time, the Lessor guarantees and confirms that the current version of the text of this Agreement posted at the Place of service provision and on the website: www.medvino.ua is valid. www.medvino.ua
11.5. Subleasing (sub-rental) of the rental item provided to the Lessee under this Agreement, transfer by the Lessee of his/her rights and obligations under this Agreement to another person, provision of this property for free use, pledge of lease rights and contribution thereof as a property contribution to business companies or as a share contribution to production cooperatives are not permitted (prohibited).
11.6. All disputes or disagreements arising between the Parties in connection with performance of this Agreement shall be resolved through negotiations between the Parties.
11.7. If it is impossible to resolve disagreements through negotiations, they shall be considered in court in accordance with the procedure established by law.
11.8. The following appendices form an integral part of the Public Agreement:
Appendix No. 1 – ATV SAFETY INSTRUCTIONS;
Appendix No. 1
to the Public Agreement
for ATV rental
ATV SAFETY INSTRUCTIONS
FOR AN ATV RENTED AT SAFARI PARK “MEDVINO”
1. Persons over 18 years of age, weighing less than 150 kg and at least 150 cm tall, are allowed to drive an ATV, provided they have a driving license of at least category B1. Children from 10 years of age may ride as passengers.
2. While following the route, comply with the traffic rules and occupational safety requirements.
3. When riding an ATV, be sure to wear protective equipment: helmet, gloves, comfortable waterproof footwear (appropriate for the season). It is not recommended to ride ATVs in shorts, shirts or short-sleeved T-shirts.
4. Correct seating on the ATV is one of the main safety elements:
The driver sits on the ATV firmly holding the handlebar with both hands, with feet on the footrests.
The passenger sits on the ATV firmly holding the designated handles, not the driver, with feet on the footrests.
5. ATV controls:
Right hand, thumb – throttle lever.
Right hand, all fingers except the thumb – right handlebar grip;
Left hand, all fingers except the thumb – front brake lever.
Right foot – rear brake pedal.
Left hand – gear shifting.
Gear shifting sequence: L-H-N-R-P (L – low gear, H – high gear, N – neutral gear, R – reverse, P – parking); gears are shifted when the ATV is fully stopped with the front brake lever or rear brake pedal pressed.
6. To start the engine, turn the ignition key to the “ON” position, press the brake pedal, press the electric starter button on the handlebar and hold it until the engine starts, but for no more than 5 seconds.
7. Before moving off, make sure the path is clear of obstacles (people, other ATVs, other vehicles, etc.):
• Moving off: engage high gear (H), release the brake pedal, smoothly press the throttle lever until the required speed is reached. Remember that the lower your speed, the more time you have to make a decision if an obstacle appears.
• Shifting gears: you must STOP, release the throttle, press the brake pedal and move the lever to the required position; the gear indicator (L-H-N-R-P) will light up on the dashboard.
• Stopping: release the throttle lever (reduce throttle). Since the ATV has little coasting, it stops quite quickly, but in an emergency it is necessary to press the brake lever or pedal. Choose horizontal surfaces for stopping.
8. When turning and making U-turns, reduce speed and turn with the largest possible radius.
9. Passing a difficult section: stop the ATV, engage four-wheel drive, press the brake pedal, engage low gear (L). After passing: stop, disengage four-wheel drive, press the brake pedal, shift to high gear (H).
If the ATV leans to one side while moving, shift your body weight to the opposite side of the lean in order to balance the moving ATV.
It is strictly prohibited to restore the balance of the ATV with your legs, as this may cause injury!!!
10. When riding with a passenger, the ATV’s maneuverability decreases, so plan turns and stops in advance.
11. If the ATV gets stuck, ask the accompanying person for help. In case of an ATV malfunction or if orange or red warning indicators appear on the dashboard, stop immediately and ask the accompanying person for help.
12. Basic hand signals used while moving along the route:
– left turn: left arm extended to the side.
– right turn: left arm extended to the side and bent at the elbow at a 90-degree angle.
– Stop, danger: straight left arm raised upward. When you see this signal, be sure to reduce speed and pay increased attention.
13. If you need to stop, do not wait for the group to stop. Raise your hand and/or attract attention with a sound signal (to stop the ATVs behind you) and stop smoothly. After stopping, wait for assistance.
14. The distance between ATVs while moving must be at least 10-15 m. When moving, keep to the worn track. Movement must be only behind the accompanying person.
15. The maximum ATV speed is up to 50 km/h. Do not sharply press the throttle and brake controls. Maintain a speed at which you feel comfortable and safe, but not more than 50 km/h. There is no need to catch up with the ATV ahead. Do not hurry; you will be waited for. Watch the road conditions carefully and maintain a speed at which you can stop or slow down in advance if various obstacles appear on the route.
16. Do not operate an ATV without a protective helmet of the appropriate size. Eye protection (protective mask or goggles) and gloves must also be used.
17. Do not drive the ATV on uneven, slippery roads with damaged surfaces until you have learned and acquired the practical skills necessary to control ATVs on such roads. Always be as careful as possible when driving the ATV.
18. Always check for obstacles on the road before driving the ATV in unfamiliar terrain. Never attempt to overcome large obstacles such as large stones or trees.
19. Begin braking some time before stopping.
20. Never start the engine on a slope – this may cause a breakdown.
It is prohibited:
• to drive the ATV while under the influence of alcohol, narcotics or any other intoxication or under the influence of medicinal products that reduce attention and/or reaction speed;
• to provoke others into collisions or organize races;
• to overtake drivers of other ATVs;
• to jump on the ATV;
• to ride on the rear wheels;
• to move off with the brake lever or brake pedal pressed;
• to shift gears without pressing the brake pedal;
• to engage low gear (L) without necessity;
• to move with low gear (L) engaged at a speed of more than 10 km/h;
• when starting the engine, to press the electric starter button on the handlebar for more than 5 seconds;
• to move away from the column and catch up with it at increased speed;
• to lower your feet from the footrests;
• to move while sitting on your knees;
• after difficult sections, to continue driving in low gear or four-wheel drive;
• to drive through puddles deeper than 15 cm;
• to drive through puddles at a speed of more than 10 km/h;
• to drive through puddles that can be bypassed;
• intentional collision with other ATV drivers;
• to intentionally run into obstacles;
• to drive outside the route;
• to touch moving parts such as wheels, drive shafts, variator pulleys, etc.;
• to touch exhaust system elements, as this may cause burns;
• to continue riding the ATV in case of sudden failure of any structural elements or if an orange or red warning indicator lights up on the instrument panel;
• to transfer control of the ATV to third parties (except park representatives).
The Renter bears full responsibility for the consequences of non-compliance with the requirements of these instructions.
In case of violation of the requirements of these instructions or causing harm to oneself, third parties or equipment, all liability rests with the Renter.