This document is a public agreement under which Individual Entrepreneur MOROZ VALENTYN VOLODYMYROVYCH, acting on the basis of the entry in the Unified State Register dated 22.12.2017 No. 20710000000024261, hereinafter referred to as the Lessor, undertakes, in the manner and on the terms determined by this Public Agreement, to provide bicycle rental services for a fee to anyone who applies to him.
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 OF TERMS:
Lessor – Individual Entrepreneur MOROZ VALENTYN VOLODYMYROVYCH, date of state registration entry: 22.12.2017. Entry No.: 20710000000024261, location: Ukraine, 04114, Kyiv, Podilskyi District, 12 Vasyl Movy Street, single tax payer, Group III.
Lessee – any adult and legally capable individual who, after reviewing the terms of this Public Agreement, 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 offer to enter into the agreement on the terms determined 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 bicycle rental, calculated per one hour.
2. PROCEDURE FOR CONCLUDING (ACCEPTING) THE AGREEMENT
2.1. The full text of this Public Agreement is posted at the Place of Service Provision, as well as on the website www.medvino.com.ua, www.medvino.ua. Any person wishing to use the service has the right, before ordering the service, to review the terms of this public agreement.
2.2. The Public Agreement is deemed concluded from the moment the Lessee performs any of the following actions:
2.2.1. The Lessee places a preliminary order;
2.2.2. The Lessee signs an order at the place of service provision;
2.2.3. The Lessee makes a prepayment for the rental (including by bank transfer on the basis of the invoice issued by the Contractor or by payment through the online store www.medvino.com.ua, www.medvino.ua);
2.2.4. The Lessee signs in the logbook for receiving the bicycle;
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, conditions for early termination of the agreement, releases from liability, as well as all annexes to the Public Agreement, which are an integral part thereof.
2.4. By giving consent to enter into the Public Agreement, the Lessee confirms that he/she fully understands the significance of his/her actions and is not under the influence of mistake, deception, violence, severe circumstance, etc.
2.5. By giving consent to enter into the Public Agreement, the Lessee confirms that he/she is not in a state of alcoholic, narcotic or other intoxication or under the influence of medicinal products that reduce attention and reaction speed.
3. SUBJECT MATTER OF THE AGREEMENT
3.1. The Lessor undertakes to provide the Lessee, for a fee, with movable property for temporary use – a bicycle (the “rental item”) in full working order for the period agreed by the Parties, and the Lessee undertakes to duly pay for such use.
3.2. The characteristics of the rental item (type, brand, color of the bicycle, etc.) that the Lessee wishes to rent, as well as the desired rental period, shall be specified by the Lessee in the order.
4. CONDITIONS FOR PROVIDING RENTAL SERVICES
4.1. Conditions for providing rental services:
4.1.1. the Lessor has the possibility to provide the Lessee with the ordered item for rental;
4.1.2. the Lessee has reviewed the terms of this Agreement;
4.1.3. the Lessee has completed a written order;
4.1.4. the Lessee has reviewed the bicycle operating rules;
4.1.5. the Lessee has completed safety briefing on bicycle operation;
4.1.6. the Lessee has paid the rental fee;
4.1.7. the Lessee has provided the deposit.
5. PROCEDURE FOR PROVIDING RENTAL SERVICES
5.1. Rental services are provided by the Lessor daily from 9:00 to 18:00.
5.2. In order to obtain the rental item, the Lessee shall complete an order at the Place of Service Provision in the form established by the Lessor.
5.3. The Lessee has the right to make a preliminary booking of services by telephone. Preliminary booking does not release the Lessee from completing the order at the Place of Service Provision in accordance with clause 5.1 of the Public Agreement. During preliminary booking, the parties agree on the date and time of the bicycle rental. If the Lessee has made a preliminary booking, he/she must arrive at the Place of Service Provision on the agreed day no later than 5 (five) minutes before the agreed start time to review the bicycle operating rules and complete the safety briefing. The Lessor shall not refund funds if, due to the Lessee’s late arrival, the actual rental time is less than the time agreed during preliminary booking. If the Lessee does not appear at the Place of Service Provision on the agreed day and time, the funds paid by the Lessee shall not be refunded. If the Lessor is able to provide the services in another time period, the Parties may agree to provide the item for rental during such time period instead of the one missed by the Lessee.
5.4. The Lessor has the right to refuse to provide services to a Lessee who is in a state of alcoholic, narcotic or other intoxication or under the influence of medicinal products that reduce attention and reaction speed (if the Lessor has grounds to believe so due to the Lessee’s inappropriate behavior).
5.5. The rental item shall be provided for use only after full payment of the rental fee and the deposit, which shall be confirmed by a corresponding entry made by the Lessor.
5.6. The rental item shall be inspected by the Lessor in the presence of the Lessee and transferred to the latter in working order. The Lessor shall familiarize the Lessee with the bicycle operating rules.
5.7. The Lessor shall conduct safety briefing for the Lessee on bicycle operation. The Lessee confirms the completion of the briefing by signing the bicycle acceptance-transfer logbook.
5.8. The fact of transfer of the bicycle to the Lessee is confirmed by the Lessee’s signature in the bicycle acceptance-transfer logbook. From the moment of transfer of the bicycle to the Lessee, the Lessor’s obligations are considered fulfilled and the service is considered provided.
5.9. The Lessee shall ride within the Place of Service Provision along one of the routes recommended by the Lessor. Riding the bicycle outside the Place of Service Provision is prohibited.
5.10. The Lessee shall return the rental item to the Lessor at the Place of Service Provision. In the event of early return of the bicycle, no refund shall be made for the unused time of bicycle use by the Lessee.
5.11. Upon return of the rental item, the Parties jointly check the serviceability of the rental item and the presence of any damage, after which the Lessor records the exact date and time of return of the rental item in the acceptance-transfer logbook, which is certified by the signatures of the Parties.
5.12. All bicycles must be returned to the Lessor by the end of the business day on which they were received, namely by 18:00.
6. DEPOSIT
6.1. To secure the Lessee’s obligation to return the rental item to the Lessor in proper working condition, before receiving the item for rental the Lessee shall provide the Lessor with a deposit, which shall be reflected in the order.
6.2. The form and amount of the deposit shall be established by the Lessor individually for each rental item and shall be reflected in the order.
6.3. As a general rule, the deposit may be provided to the Lessor in the form of cash in the amount of UAH 1,000.00 (one thousand hryvnias) or one of the following documents: passport of a citizen of Ukraine (if the person voluntarily wishes to leave it), passport of a citizen of Ukraine for travel abroad, valid driver’s license.
6.4. After the rental item is returned and accepted by the Lessor, the latter shall return the deposit to the Lessee in full, except in cases provided for by this Agreement.
6.5. If the actual rental period exceeds the rental period declared and paid for by the Lessee, the Lessor has the right to deduct the surcharge for rental (the unpaid part of the fee for the actual rental period) from the funds provided as the deposit. In such case, the deposit shall be returned less the surcharge amount.
7. RENTAL FEE
7.1. For use of the rental item, the Lessee shall pay the Lessor a rental fee according to the Lessor’s current tariffs and the actual rental time.
7.2. Before receiving the item for rental, the Lessee must pay the fee for use of the rental item.
7.3. The rental fee shall be paid by the Lessee for the entire period of use of the rental item, which is determined on the basis of the information reflected in the order.
7.4. If the actual rental time exceeds the period specified in the order, the Lessee must pay for the unpaid rental time (the difference between the amount of the fee for the actual rental period and the paid period) within 1 (one) hour from the moment the rental item is returned.
7.5. Form of payment: cash or non-cash payment to the Lessor’s current account.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. In connection with conclusion of this Agreement, the Lessee has the right:
8.1.1. to freely choose for rental any of the items offered for rental;
8.1.2. to receive information about the procedure for providing the service, their characteristics, information on the procedure for operating the bicycle, and other information relating to the services;
8.1.3. to receive the rental item at the time agreed with the Lessor, in proper working condition, at the place of service provision;
8.1.4. to independently choose one of the deposit options for the selected rental item offered by the Lessor during order processing;
8.2. The Lessee is obliged:
8.2.1. to arrive at the place of service provision in a timely manner, within the period agreed by the Parties, and accept the item for rental, including fulfilling the conditions regarding payment of the fee and deposit;
8.2.2. to review the bicycle operating rules;
8.2.3. to undergo safety briefing on bicycle operation by signing the acceptance-transfer logbook;
8.2.4. during riding, to strictly comply with the bicycle operating rules and safety requirements for bicycle operation;
8.2.5. not to ride outside the Place of Service Provision;
8.2.6. not to transfer control of the bicycle to third parties (friends, relatives, acquaintances, etc.);
8.2.7. during riding, not to be in a state of alcoholic, narcotic or other intoxication or under the influence of medicinal products that reduce attention and reaction speed.
8.2.8. to use the rental item carefully and comply with its operating rules, and not allow it to be spoiled or damaged;
8.2.9. upon expiry of the rental time, to independently return the bicycle without an additional reminder from the Lessee’s personnel;
8.2.10. if the actual rental time is longer than specified in the order, to pay the additional fee for the actual rental time in full;
8.2.11. in the event the rental item is returned in improper condition (damage, malfunction, etc.), to reimburse the cost of restoration repair and the losses caused.
8.3. In connection with conclusion of this Agreement, the Lessor undertakes:
8.3.1. to timely approve the Lessee’s order;
8.3.2. to arrive at the place of service provision in a timely manner within the period agreed by the Parties and transfer the bicycle for rental, subject to the conditions provided for in Section 4 of this Agreement;
8.3.3. to ensure the proper technical condition of the bicycle at the time of transfer for rental to the Lessee;
8.3.4. to familiarize the Lessee with the bicycle operating rules;
8.3.5. to conduct safety briefing for the Lessee on bicycle operation;
8.3.6. to ensure acceptance of the bicycle from the Lessee at the Place of Service Provision upon expiry of the rental period;
8.3.7. in the absence of breaches by the Lessee of the terms provided for by this public agreement, to return to the Lessee in full the deposit provided by him/her;
8.4. The Lessor has the right:
8.4.1. to refuse to provide services to a Lessee who is in a state of alcoholic, narcotic or other intoxication or under the influence of medicinal products that reduce attention and reaction speed (if the Lessor has grounds to believe so due to the Lessee’s inappropriate behavior);
8.4.2. to receive full payment for providing the item for rental;
8.4.3. in case the Lessee violates the bicycle operating rules or safety requirements, to terminate the rental agreement early and demand the immediate return of the bicycle from the Lessee.
8.4.4. to demand from the Lessee payment of the full amount of the fee for the entire actual period of use of the rental item;
8.4.5. to demand that the Lessee return the rental item in proper working condition within the period specified in the order;
8.4.6. in the event the rental item is returned in improper condition (damage, malfunction, etc.), to demand that the Lessee reimburse the cost of restoration repair, the value of lost equipment, and the losses caused.
9. LIABILITY OF THE PARTIES
9.1. For breach of obligations assumed, the Parties shall be liable in accordance with the current legislation of Ukraine and this Agreement.
9.2. In the event the Lessee violates the bicycle operating rules or safety requirements, the Lessor has the right to warn the Lessee about breach of the terms of the Agreement. In the event of repeated violation by the Lessee of the bicycle operating rules or safety requirements, the Lessor has the right to terminate the rental agreement early and demand the immediate return of the bicycle from the Lessee. In such case, the funds paid by the Lessee shall not be refunded.
9.3. The Lessee undertakes to reimburse the Lessor for all possible losses caused to the latter by non-performance or improper performance of the obligations assumed under this Agreement.
9.4. The risk of accidental destruction or accidental damage (spoilage) of the rental item from the moment of receiving it for rental until the moment of its return to the Lessor shall be borne by the Lessee.
9.5. In the event the Lessee returns the rental item in improper condition (damage, malfunction, etc.):
9.5.1. the Lessee is obliged to reimburse the cost of restoration repair of the rental item (the market value of a new part requiring replacement, the cost of replacement work, the cost of work to restore the original condition of a part/portion of the rental item, etc.) within 24 (twenty-four) hours from the moment the rental item is returned or within 24 hours from the moment the Lessor informs the Lessee of the cost of restoration repair of the rental item (the market value of a new part requiring replacement, the cost of replacement work, the cost of work to restore the original condition of a part/portion of the rental item, etc.);
9.5.2. the Lessor has the right to reimburse the cost of restoration repair of the rental item by withholding such cost from the amount of funds provided by the Lessee as the deposit;
9.5.3. the Lessor has the right not to return the deposit until the cost of restoration repair of the rental item is received.
9.6. The cost of restoration repair of the rental item shall be determined by the Lessor independently on the basis of ordinary market prices. The cost of restoration repair includes the cost of transporting the rental item to the place of repair and back to the place of service provision after completion of repair.
9.7. The Lessee understands that the subject matter of this Public Agreement is exclusively the provision of a bicycle for rental. Since the bicycle is operated directly by the Lessee, the latter assumes all risks related to harm 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 violating the bicycle operating rules or safety requirements when riding the bicycle. This includes, among other things (but is not limited to), injuries and/or bodily harm from falling from the bicycle, intentional or negligent collision of the bicycle with stationary objects (trees, bushes, stones, fences), animals, other bicycles, ATVs, cars, pedestrians, etc., dropping and damage of mobile phones and other electronic devices. In the event of the above consequences, the Lessee shall not make any claims or lawsuits against the Lessor for compensation for harm to the health and/or property of the Lessee, the health and/or property of passengers, and claims of third parties regarding harm to their health and/or property caused by the Lessee while riding the bicycle shall be resolved by the Lessee independently without involving the Lessor.
10. OTHER TERMS
10.1. 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.
10.2. All terms of the Agreement are binding on the Parties. Before starting to use the rental services, each Lessee must review the terms of this Agreement.
10.3. 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 submitted an order confirms his/her review of and agreement with all terms of this Agreement.
10.4. The Lessor independently, in accordance with and in fulfillment of the requirements of the current legislation of Ukraine, determines the terms of the Agreement. The Lessor independently has the right to amend the terms of the Agreement or in any other manner 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 on the website www.medvino.com.ua, www.medvino.ua is valid.
10.5. 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 a share contribution to production cooperatives are not permitted.
10.6. All disputes or disagreements arising between the Parties in connection with the performance of this Agreement shall be resolved through negotiations between the Parties.
10.7. If disagreements cannot be resolved through negotiations, they shall be considered in court in accordance with the procedure established by law.
10.8. The following annexes are an integral part of the Public Agreement:
Ø Annex No. 1 – SAFETY INSTRUCTIONS FOR BICYCLE OPERATION;
Ø Annex No. 2 – ORDER FORM
Annex No. 1
to the Public Agreement
for bicycle rental
SAFETY INSTRUCTIONS FOR BICYCLE OPERATION
For each rented bicycle, the total permissible weight of the passenger and additional load must not exceed 120 kg.
The User is obliged to comply with traffic rules.
The rider must be attentive and control the situation around him/her.
During movement, the rider must maintain an even trajectory and signal pedestrians by a sound signal or voice when approaching. Obstacles and potholes must be avoided. Do not ride through puddles.
Clothing must not restrict the user’s movements. Footwear must not fall off or interfere with pedaling while riding. Trousers must not be too wide so as not to get tangled in the chain during riding.
Prohibited:
For users under 18 years of age without adult supervision;
to hold on to another vehicle while moving;
to brake sharply;
to ride without holding the handlebars and to remove feet from the pedals (footrests);
to use headphones while riding;
to use a phone while moving;
to ride during darkness and in conditions of insufficient visibility;
to ride over obstacles;
to carry passengers on the bicycle (especially small children);
to tow bicycles;
to transport flammable, explosive, toxic or hazardous materials;
to transfer to third parties for sublease;
to ride in strong wind or storm;
to intentionally run into other road users and pedestrians;
to leave the bicycle unattended;
to operate the bicycle while under the influence of alcohol or narcotics.
If the User notices a technical defect or flaw of the bicycle before the start or at any time during the rental, he/she must notify the lessor and immediately refuse to use such bicycle. Any other defects, such as tire or rim damage, defects or failures in gear shifting, must also be reported to the Lessor immediately.
Annex No. 2
to the Public Agreement
for bicycle rental
ORDER FORM
I ask you to provide me with a bicycle of the following brand for rental ______________________.
Rental date __________. Rental time from __________ to __________ hours.
I have fully reviewed the terms of the Public Bicycle Rental Agreement and agree with them. I guarantee payment for services according to the Lessor’s tariffs.
______________________________________________________________,
surname, first name, patronymic (to be completed without abbreviations)
date of birth “__” ______________ year, passport: series ___ No. ___________,
issued by ________________________________________________________,
“___” __________, place of registration: city (town, village) _________________,
street (avenue, lane, driveway, boulevard, descent) __________________________
___________________________________________, building ____________,
block (letter, etc.) _____________, apartment _______________, place of actual
residence (if it coincides with the place of registration, do not complete): city
(town, village) _________________, street (avenue, lane, driveway, boulevard, descent)
_________________________________________________________, building _______,
block (letter, etc.) _____________, apartment _______________.
Date: _______________ Lessee’s signature: _________________ (_________________)