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 the Lessor, undertakes, in accordance with the procedure and on the terms defined by this Public Agreement, for a fee to provide tourist equipment rental services to anyone who applies for them.
This agreement is a public agreement and an adhesion agreement in accordance with Articles 633, 634, 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 number: 20710000000024261, location: Ukraine, 04114, Kyiv, Podilskyi District, Vasyl Movy St., building 12, single tax payer of Group III.
Lessee – any adult and legally capable individual who, after reviewing the terms of this Public Agreement, voluntarily gives consent to conclude the Agreement (acceptance).
Consent to conclude the Public Agreement (acceptance) – provision by the Lessee of a full, unconditional and irrevocable response to the Lessor to the Lessor’s proposal to conclude the agreement on the terms defined by the public agreement, by performing the actions provided for in this public agreement.
Place of provision of services – Kyiv Region, Ivankiv District, Medvyn village, territory of the Safari Park Medvino farm.
Tariffs – the fee established by the Lessor for the rental of tourist equipment, 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 provision of services and on the website: www.medvino.com.ua, www.medvino.ua. Every person who wishes 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 considered concluded from the moment the Lessee performs any of the following actions:
2.2.1. Placement by the Lessee of a preliminary order;
2.2.2. Signing by the Lessee of an order at the place of provision of services;
2.2.3. Making by the Lessee of an advance payment for rental (including by cashless payment on the basis of the Lessor’s invoice or payment through the online store www.medvino.com.ua, www.medvino.ua);
2.2.4. Signing by the Lessee in the logbook for receipt of tourist equipment;
2.3. By giving consent to conclude the Public Agreement, the Lessee confirms full and unconditional understanding of and consent to all terms of the Public Agreement without exception, including the procedure for provision of services, tariffs, terms for early termination of the agreement, releases from liability, as well as all appendices to the Public Agreement, which are its integral part.
2.4. By giving consent to conclude the Public Agreement, the Lessee confirms that he/she fully understands the meaning of his/her actions and is not under the influence of mistake, deception, violence, hardship, etc.
2.5. By giving consent to conclude 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 medicines that reduce attention and reaction speed.
3. SUBJECT OF THE AGREEMENT
3.1. The Lessor undertakes to provide the Lessee, for a fee and for temporary use, movable tourist equipment, in particular tents, sleeping bags, camping chairs (the “rental item”), in full working order for the term agreed by the Parties, and the Lessee undertakes to duly pay for such use.
4. TERMS FOR PROVISION OF RENTAL SERVICES
4.1. Terms for provision of rental services:
4.1.1. availability of the Lessor’s ability to provide the ordered item to the Lessee for rent;
4.1.2. familiarization of the Lessee with the terms of this Agreement;
4.1.3. payment by the Lessee of the rental fee;
4.1.4. making of a deposit by the Lessee.
5. PROCEDURE FOR PROVISION OF RENTAL SERVICES
5.1. Rental services are provided by the Lessor daily from 9:00 to 18:00.
5.2. In order to obtain an item for rent, the Lessee at the Place of provision of services selects the equipment he/she wishes to rent, informs the Lessor of the desired rental period for the equipment, pays the rental fee and signs the logbook for receipt of tourist equipment.
5.3. The Lessor has the right to refuse to provide services to a Lessee who is in a state of alcoholic, narcotic or other intoxication.
5.4. The rental item is provided for use only after full payment of the rental fee and making of the deposit, in confirmation of which the Lessor makes the relevant entry.
5.5. The rental item is checked by the Lessor in the presence of the Lessee and transferred to the latter in working order.
5.6. The fact of transfer of tourist equipment to the Lessee is confirmed by the Lessee’s signature in the acceptance and transfer logbook of tourist equipment. From the moment of transfer of the tourist equipment to the Lessee, the Lessor’s obligations are considered fulfilled, and the service is considered provided.
5.7. Return of the rental item by the Lessee to the Lessor is carried out at the Place of provision of services. The Lessee has the right to return the rental item to the Lessor early. In the event of early return of tourist equipment, the Lessor returns to the Lessee funds for unused days.
5.8. 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 acceptance and transfer logbook the exact date and time of return of the rental item, certified by the signatures of the Parties.
6. DEPOSIT
6.1. To secure performance of the Lessee’s obligation to return the rental item to the Lessor in proper working condition, before receiving the item for rent, the Lessee transfers a deposit to the Lessor, which is reflected in the order.
6.2. The form and amount of the deposit are established by the Lessor for each rental item individually and are reflected in the order.
6.3. As a general rule, the following may be transferred to the Lessor as a deposit: cash funds in an amount equal to 50% of the corresponding value of the equipment according to Appendix No. 1, 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 is obliged to return the deposit to the Lessee in full, except in the 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 amount of additional rental payment (the unpaid part of the fee for the actual rental period) from the funds transferred as the deposit. In this case, the deposit is subject to return less the amount of the additional payment.
7. RENTAL FEE
7.1. For use of the rental item, the Lessee pays the Lessor a rental fee according to the current tariffs of the Lessor and the actual rental time.
7.2. Before receiving the item for rent, the Lessee is obliged to pay the fee for use of the rental item.
7.3. The rental fee is paid by the Lessee for the entire time of use of the rental item.
7.4. If the actual rental time exceeds the period prepaid by the Lessee, the Lessee is obliged to pay for the unpaid rental time within 1 (one) hour from the moment of return of the rental item.
7.5. Form of payment: cash or cashless payment to the Lessor’s current account.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Lessee, in connection with conclusion of this Agreement, has the right:
8.1.1. to freely choose for rent any of the items offered for rental;
8.1.2. to receive information on the procedure for provision of the service, its 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 provision of services;
8.1.4. to independently choose one of the deposit options for the selected rental item, as offered by the Lessor;
8.2. The Lessee is obliged:
8.2.1. to fulfill the conditions regarding payment of the fee and deposit;
8.2.2. to use the rental item carefully and not allow its deterioration or damage;
8.2.3. upon expiration of the rental time, to independently return the rental item without an additional reminder from the Lessee’s personnel;
8.2.4. if the actual rental time turns out to be longer than specified in the order, to make additional payment for the actual rental time in full;
8.2.5. in case of return of the rental item in improper condition (presence of damage, non-working condition, etc.), to reimburse the cost of restoration repair and the losses caused.
8.3. The Lessor, in connection with conclusion of this Agreement, undertakes:
8.3.1. to timely approve the Lessee’s orders;
8.3.2. to provide the rental item in working condition;
8.3.3. to ensure acceptance of the rental item from the Lessee at the Place of provision of services upon expiration of the rental period;
8.3.4. 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 transferred 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;
8.4.2. to receive payment for providing the item for rent in full;
8.4.3. in case of breach by the Lessee of the bicycle operating rules or safety rules, 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 time 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 case of return of the rental item in improper condition (presence of damage, non-working condition, etc.), to demand from the Lessee reimbursement of the cost of restoration repair, the cost of lost equipment and the losses caused.
9. LIABILITY OF THE PARTIES
9.1. For breach of the obligations assumed by them, the Parties are liable in accordance with the current legislation of Ukraine and this Agreement.
9.2. 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.
9.3. The risk of accidental destruction or accidental damage (deterioration) of the rental item from the moment of receipt for rent and until the moment of return to the Lessor is borne by the Lessee.
9.4. In case of return by the Lessee of the rental item in improper condition (presence of damage, non-working condition, etc.):
9.4.1. The Lessee is obliged to reimburse the cost of restoration repair of the rental item within 24 (twenty-four) hours from the moment of return of the rental item or within 24 hours from the moment the Lessor informs him/her of the cost of restoration repair of the rental item (market value of a new part requiring replacement, cost of work for replacement of parts, cost of work to restore the original condition of a part/component of the rental item, etc.);
9.5. The cost of restoration repair of the rental item is 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 where the repair is carried out and back to the place of provision of services after completion of the repair.
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 conclude 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 rental services, each Lessee is obliged to 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 conclude this Agreement. Accordingly, the Lessee who submitted an order confirms his/her review of and consent to 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 change 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 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 rental rights and contribution of them as a property contribution to business companies and/or as a share contribution to production cooperatives are not allowed.
10.6. All disputes or disagreements arising between the Parties in connection with performance of this Agreement shall be resolved through negotiations between the Parties.
10.7. If it is impossible to resolve disagreements through negotiations, they shall be subject to consideration in court in accordance with the procedure established by law.
10.8. The following appendices are an integral part of the Public Agreement:
Ø Appendix No. 1 – REPLACEMENT COST OF EQUIPMENT
Appendix No. 1
to the Public Agreement
for rental of tourist equipment
Replacement Cost of Equipment
No. Item name Cost of rental item, UAH 1 Sleeping bag 1600.00 2 Tent for 6 persons 10,000.00 3 Tent for 3 persons 4000.00 4 Sleeping mat 200.00 5 Inflatable boat 4000.00 6 Folding chair 1600.00