This document is a public agreement under which Limited Liability Company “MEDVINO RESORT GROUP”, hereinafter referred to as the “Provider”, on the one hand, and any legal entity, individual entrepreneur or individual, or their authorized representative, who joins this agreement by entering into an accession agreement in the manner defined by such accession agreement, hereinafter referred to as the “Customer”, on the other hand, hereinafter the “Parties”, in accordance with the requirements of Articles 633 and 634 of the Civil Code of Ukraine, have entered into this Public Agreement as follows:
1. TERMS AND DEFINITIONS
1.1. Public offer means the Provider’s proposal to enter into this Agreement, addressed to any adult and legally capable individual in accordance with Article 641 of the Civil Code of Ukraine.
1.2. Acceptance means the Customer’s full and unconditional consent to the Provider’s proposal to enter into this Agreement and full agreement with all terms and conditions of this Agreement, performed by any of the methods specified in the agreement. The Customer’s consent indicates that the Customer understands the meaning of their actions, all terms of the Agreement are clear to the Customer, and the Customer is not acting under the influence of mistake, deception, violence, hardship, etc.
1.3. Public offer agreement for the provision of hotel services means an agreement under which the Provider undertakes to provide hotel services to everyone who applies to it, while the terms of this agreement are the same for all Customers, except for those who are granted relevant benefits by law. The Provider has no right to give preference to one consumer over another when entering into this agreement, unless otherwise provided by law. The Provider has no right to refuse to enter into this agreement if it has the ability to provide the Customer with the relevant services.
1.4. Accession agreement to the public offer agreement for the provision of hotel services means an agreement whose terms are established by the Provider in the public offer agreement for the provision of hotel services and which may be concluded only by the Customer’s accession to the proposed public offer agreement for the provision of hotel services in full, by paying the invoice for the provision of hotel services issued by the Provider. The Customer may not propose their own terms of the agreement.
1.5. Moment of conclusion of the accession agreement means the moment when the Customer pays the invoice for the provision of hotel services issued by the Provider and the specified funds are credited to the Provider’s current account or the specified funds are paid into the Provider’s cash desk.
1.6. Hotel service or Service means the Provider’s actions to accommodate the Customer or Guest by providing a room (place) for temporary accommodation in the hotel, as well as other activities related to accommodation and temporary stay.
1.7. Guest (guests) means the person(s) who use(s) or has/have actually used the hotel services.
1.8. Room booking means a preliminary order made 3 (three) days before the start of the planned arrival day (but not earlier than 6 months before the arrival date).
1.9. Room reservation means an order made no earlier than 1 (one) day before the start of the planned arrival day.
1.10. This Public Offer defines the terms of the agreement in accordance with Article 641 of the Civil Code of Ukraine and is an official Public Offer addressed to other persons (hereinafter the “User”, or “Users”, or “Client”, or “Consumer”, or “Consumers”, or “Guest”, or “Guests”) to enter into an agreement for the provision of accommodation services to the User (provision of a room (place) for temporary accommodation) on the terms set out below.
1.11. 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 the Agreement in accordance with its terms.
1.12. The text of the Public Offer (agreement) is always posted on the information board and in the reception corner area of the Hotel, as well as on the official Hotel website www.medvino.com.ua, www.medvino.com.ua and must be offered to the User for review before the User accepts the Public Offer (agreement).
1.13. Hotel means a complex of premises (rooms) intended for temporary accommodation of Guests, located at: 21 Lisova Street, Medvyn village, Vyshhorod district, Kyiv region.
1.14. Territory means the territory of the Hotel and the adjacent territory where the Provider provides services.
1.15. Hotel day (day) means the time period from 15:00 on the first day to 12:00 on the next calendar day (example: the hotel day for the first day of arrival is calculated as the time from 15:00 on the day of arrival to 12:00 on the next calendar day).
1.16. Check-out time means 12:00 of the current day. This is the time when payment is accrued for each subsequent day of accommodation (use by the Customer) of the temporary accommodation service.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. Under this Agreement, the Provider undertakes to provide the Customer with hotel services, namely: temporary accommodation and temporary stay services in specially equipped premises (rooms), as well as catering services for the Customer or third-party Guests specified by the Customer according to the booking and reservation order at the “MEDVINO” Hotel, located at: 21 Lisova Street, Medvyn village, Vyshhorod district, Kyiv region (hereinafter the “Hotel”), and the Customer undertakes, in accordance with the terms of this Agreement, to pay for such Service in the manner and on the terms defined by this Agreement.
2.2. In addition to Hotel services, the Provider may provide additional services on a paid basis in accordance with the terms of this agreement and the tariffs/prices specified in the Provider’s information materials and/or on the website www.medvino.com.ua, www.medvino.ua and/or on the Provider’s official pages (accounts) on social networks.
2.3. The Agreement is a proposal (public offer) to an unlimited number of individuals and legal entities to enter into the Agreement with the Provider by fully and unconditionally accepting the terms of this Agreement.
2.4. Accession to the Agreement is considered to be payment for the Provider’s services by non-cash transfer of funds on the basis of an invoice issued by the Provider, including using an electronic payment instrument, or payment of funds into the Provider’s cash desk on the basis of an invoice issued by the Provider.
2.5. The Customer’s performance of the actions provided for in clause 2.3 of this Agreement is deemed acceptance by the Customer of the proposal to enter into the Agreement (acceptance) and also confirms the fact of the Customer’s full and unconditional acceptance of the terms of this Agreement without any reservations or comments. By accepting the Provider’s proposal (public offer), the Customer agrees to all terms of this Agreement and confirms that the Customer understands the content of the Agreement and the legal consequences of its conclusion.
2.6. The Agreement is an electronic agreement within the meaning of Article 3 of the Law of Ukraine “On Electronic Commerce”, is concluded using available information and telecommunications systems, and may not be declared invalid due to being made in electronic form.
3. PROCEDURE FOR BOOKING (ORDERING), RESERVING THE PROVIDER’S SERVICES AND THEIR PROVISION
3.1. Ordering (booking) the Provider’s services is carried out by the Customer sending an order for booking the Provider’s services, specifying the period of stay, date and time of arrival and departure, number of places and rooms, room category, surname and initials of the Customer or Guests, number of children and their age, extra beds, etc. Such an order may be made both in writing and electronically using electronic systems (including via the website, by email and other means of electronic communication).
3.2. After receiving the order for booking services, the Provider sends the Customer by email (or by another method agreed with the Customer) an invoice for payment indicating the cost of the booked services.
3.3. Within 1 (one) day from the moment the Provider issues the invoice for payment of the booked services, the Customer must pay the amount of funds specified in such invoice in full by non-cash transfer, in cash, or using payment cards.
3.4. After the funds are credited to the Provider’s current account or paid in cash to the Provider’s cash desk, the Provider gives the Customer confirmation of the booking.
3.5. Payment options when booking and booking types:
3.5.1. “Guaranteed Booking 100” means a booking with 100% prepayment of the cost for the entire period of stay. Under a Guaranteed Booking with 100% prepayment of the cost for the entire period of stay, cancellation, change or modification of the booking is allowed 3 (three) days before the planned arrival date;
3.5.2. “Guaranteed Booking 50” means a booking with 50% prepayment of the cost for the entire period of stay. Under a Guaranteed Booking with 50% prepayment of the cost for the entire period of stay, cancellation, change or modification of the booking is allowed 3 (three) days before the planned arrival date;
3.5.3. “Non-guaranteed Booking” means an accommodation request without advance payment (it is not a booking). Under a Non-guaranteed Booking, the Provider does not guarantee the availability of accommodation places (the Customer is not allowed to change or modify the booking);
3.6. If the Customer or Guest under a “Guaranteed Booking 100” or “50” does not use the accommodation service on the specified arrival day (no-show) and does not cancel the booking in accordance with clauses 3.5.1 and 3.5.2 before the expected arrival day, the prepayment of the accommodation cost for the entire period of stay is non-refundable and is credited as a penalty for the Customer’s failure to comply with the terms of this agreement. In this case, such booking is cancelled. The specified prepayment may, at the Provider’s discretion, be returned to the Customer if the room booked by the Customer is actually occupied by other visitors and if they stay in it for at least the period ordered by the Customer. At the same time, the Parties have agreed that if the terms of the payment system through which the relevant transaction for payment of the Provider’s services is made give the Provider the right to withhold a penalty from the Customer and/or Guest in the amount of the cost of one night’s stay, then in this case the cost of one night’s stay when charging the penalty equals 100% of the total cost of accommodation for the entire period of stay of such Customer and/or Guest.
3.7. Early check-in (before the check-out time) means the actual start of use of the hotel service before 15:00 (the standard check-in time under this Agreement), but not earlier than 8:00, and is possible only upon prior written/oral agreement with the Provider and subject to availability of places and rooms. An additional fee of 50% of the daily cost of using the hotel service may be charged for early check-in according to the tariff of the relevant room category. Check-in earlier than 8:00 is paid as a full day of accommodation (use of the temporary accommodation service.
3.8. Late check-out means termination of the Customer’s use of the temporary accommodation service (hotel service) later than the standard check-out time (end of the paid period of use of the hotel service) – from 12:00 to 20:00. Check-out after 20:00 is paid according to the tariff for a full day of accommodation (use of the hotel service) at the tariff of the room of the relevant category.
3.9. Prices for the Provider’s services booked and fully paid by the Customer cannot be changed.
3.10. Extension of the Customer’s or Guest’s stay beyond the period specified in the booking order, regardless of the reasons (including due to early arrival, later departure, or absence of return tickets), as well as accommodation of Guests who arrived without prior booking of early check-in, is carried out subject to availability and is paid to the Provider at the time of such extension or early check-in. The fee for services is determined at the time of check-in. The check-out time from the Hotel is 12:00 (Kyiv time), and the check-in time is 15:00 (Kyiv time).
3.11. The reservation procedure is the same as the booking procedure.
3.12. When reserving, the Customer must make a prepayment for the first day of stay, after which the Provider gives the Customer written confirmation of the room reservation (booking). The Provider guarantees that the reserved room will be ready for check-in from 15:00 Kyiv time.
3.13. In the event of festive events, periods of increased demand for the Provider’s services (festivals, concerts, sports competitions, official events, etc.) and/or celebration of public holidays, the Provider has the right to change prices for the Services during such festive events or increased demand for temporary accommodation services. At the same time, invoices issued by the Provider and fully paid by the Customer are not subject to change.
3.14. In cases established by law, a tourist tax is additionally charged in accordance with current legislation.
3.15. The Provider has the right to refuse to accept an order (booking) or changes thereto in the following cases:
3.15.1. Absence of available rooms and/or other services.
3.15.2. The Customer has debt to the Provider for previously provided services.
3.15.3. If the booking is changed or modified more than 1 one time.
3.16. The Customer (Guest) has the right to postpone the booked arrival date once. In the event of a second postponement, the Provider has the right to refuse to provide the service, while the refund of booking funds is made in the manner provided for in clauses 3.5.1 and 3.5.2. 3.17. The Customer (Guest) has the right to change the arrival date or modify it no less than 7 days before the arrival date specified in the booking.
4. COST OF SERVICES
4.1. The cost of services is determined by the Provider on the official website and/or in offers on the Provider’s official pages on social networks and/or at the reception desk and is paid by the Customer (Guest) in the national currency on the basis of an invoice issued by the Provider following processing of the order
.4.2. Provision of services and payment for them are carried out on the terms of the ordered booking. Provision of services and payment for them are carried out on the terms of the ordered booking.
4.3. The cost of temporary accommodation services includes services according to the selected order when booking. Additional services are paid by the Customer (Guest) separately.
4.4. The tariffs/prices for the Provider’s services and their list are determined and changed solely by the Provider’s unilateral decision.
4.5. The right of the Guest to receive/use the Services is usually granted after payment for the relevant services according to the tariffs/prices. The Provider, at its discretion, has the right to provide services to the Customer without prepayment.
4.6. If the Provider provides services without prepayment, the Customer must pay for such services on the day of departure according to the issued invoice and in accordance with the prices specified in the Provider’s information materials and/or on the website www.medvino.com.ua, www.medvino.ua. In this case, the Customer (Guest) pays for the provided services (performs the terms of the Agreement) at the Hotel’s location.
4.7. The Provider has the right to apply a system of discounts to temporary accommodation services.
4.8. Payment for the Provider’s services may be made by cashless settlement, including by Visa, Maestro, MasterCard payment cards, through a payment terminal, the online payment system in the booking module on the website, and in cash by depositing funds into the Provider’s cash desk.
5. PROCEDURE FOR PROVISION OF SERVICES:
5.1. The Provider provides basic services included in the cost of accommodation and additional services provided for a separate fee.
5.2. The basic services include: provision of a room for accommodation, meals (breakfast), wireless Internet access, and 24-hour information support by the reception.
5.3. Additional services include other services related to temporary accommodation but not included in the cost of stay, in particular restaurant services, mini-bar services, bar services, conference services, massage services, bathhouse services (bathhouse, sauna) and other similar services provided by the Provider.
5.4. Services are provided by the Provider on an “as is” basis. This means that the Provider provides the Services and the Guest receives the Services in the form in which they can be provided at the present time, according to the technical, operational and other capabilities of the Provider, and that the Guest accepts the Services in advance with all defects that appeared immediately or may appear later.
5.5. Registration day means the date of the Guest’s arrival at the Hotel.
5.6. Departure day means the date of the Guest’s departure from the Hotel.
5.7. Registration time is 15:00 local time, after which the Guest is registered.
5.8. Settlement day means the time period from 15:00 of the current day to 12:00 of the next day local time.
5.9. Check-out time is 12:00 local time, when the Guest must vacate the room on the day of check-out.
5.10. Accommodation of the Customer in the room is carried out on a prepaid basis with simultaneous presentation by the Guest to the reception employee of identity documents (passport of a citizen of Ukraine, passport of a citizen of Ukraine for travel abroad, diplomatic or service passport, seafarer’s identity document, residence document in Ukraine of a person residing in Ukraine but who is not its citizen, national passport of a foreigner or a document replacing it, and a visa (permit) for the right to stay in Ukraine (unless otherwise provided by current international agreements), birth certificate of minor children under 16 years old, driver’s license, for military personnel – personal identity card or military ID, certificate issued at the User’s place of work, etc.), as well as completion and leaving at the reception of the User’s registration card. In the absence of the above documents, the Customer (Guest) recognizes the right of the reception employee to refuse to provide the temporary accommodation service at the Hotel.
5.11. The Customer (Guest) is responsible for the accuracy of the information provided during registration.
5.12. The Guest may be refused services if the Guest is in a state of alcoholic and/or narcotic intoxication, behaves aggressively or inappropriately, violates the Rules of Stay (use of the hotel service), or the norms of current legislation.
5.13. The Customer (Guest) is obliged to register only after reviewing the terms of this Agreement set out on the information board and/or on the website www.medvino.com.ua, www.medvino.ua.
5.14. After completing the registration card, the Guest receives from the reception employee a key (key card and/or code) to the room provided for accommodation.
5.15. For accommodation in a room of one child up to and including 2 years old without provision of an additional sleeping place, above the established number of residents for the relevant room category, no fee is charged for temporary accommodation services.
5.16. For accommodation in a room of a child aged 2 years or older, an additional payment is made according to the Provider’s tariffs for each child for breakfast with the provision of an extra bed.
5.17. Upon expiration of the paid period of stay, the Guest (Guests) must leave the room and free it from personal belongings and luggage no later than 12:00 (check-out time) local time on the last paid day of departure or pay for an extension of the temporary stay period in the room, provided that the specified room has not been booked by third parties.
6. RULES FOR USE OF HOTEL PROPERTY
6.1. The Provider provides the Customer (Guest) with furnished rooms equipped with household appliances, plumbing and other equipment for accommodation. Hotel rooms and common areas are insulated, have modern finishes, engineering networks, equipment and inventory that meet all requirements of hygiene and safe accommodation and stay.
6.2. Guests must treat the Provider’s property with care, use the equipment for its intended purpose, and comply with fire safety requirements. In the event of detection of property damage, technical malfunctions, emergencies (flooding, fire, broken glass, etc.), the reception employee must be notified immediately.
6.3. After checking into the room, within one hour the Customer has the right to notify the reception employee of any detected defects in the room’s finishing items and inventory. In the absence of such notification and if the reception employee detects loss or damage to Hotel property on the Guest’s departure day, the Customer pays material damages in full.
6.4. When checking into the room, the Guest is issued a key (plastic card), which the Guest must return on the day of departure. If the Guest loses the key, a fine is charged in accordance with the Hotel’s information materials (damage list) of the Provider.
6.5. In the event of loss or damage through the Guest’s fault to property (including towels, bathrobes, dishes, furniture, various inventory, etc.) located on the Hotel territory, the Customer (Guest) must compensate the damage within 3 calendar days, but no later than the date of departure from the Hotel. The amount of damage is determined according to the prices specified in the Hotel’s information materials, the book value and/or on the Hotel website, and in the absence of such prices, by a commission consisting of a reception employee and any other Hotel employee, transparently and at the market value of the lost or damaged property.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Customer (Guest) is obliged to:
7.1.1. Send the Provider orders for booking (reservation) of hotel services in accordance with the terms of this agreement.
7.1.2. Inform Guests of the necessary information received from the Provider regarding the hotel services provided by the Provider and the procedure for their provision.
7.1.3. Timely pay for booked (reserved) services within the terms and in the manner defined by this agreement.
7.1.4. Notify the Provider in writing or by electronic means of communication of cancellation and/or change of the order for booked services no later than 3 (three) days before the arrival date of the Customer or Guest (timely cancellation).
7.1.5. Not demand the return of prepayment for booked (reserved) rooms in the event of late cancellation (later than 3 (three) days before the arrival date) of the order for booked services and/or in the event of no-show at the Hotel, and/or an attempt to cancel and/or modify and/or change the order (where this is prohibited by the terms of this agreement).
7.1.6. Pay a fine in the amount of 100% of the total cost of accommodation for the entire period of stay in the event of late cancellation (later than 3 (three) days before the arrival date) or in the case of Internet booking) of the order for booked services and/or no-show at the Hotel, and/or an attempt to cancel and/or modify and/or change the order (where this is prohibited by the terms of this agreement), including by transferring payment card data of the Customer and/or Guest (name on the card, number, expiry date, CVC, etc.) in any way to the Provider or to any third party for transfer to the Provider, for any purpose including but not limited to blocking and/or debiting and/or collecting funds from such payment card, or by independently paying funds through Internet payment services.
7.1.7. Comply with the rules of stay, which are an appendix to this Agreement.
7.1.8. Respect the rights, personal space and other conditions provided for by this Agreement, the rules of stay and national legislation of other Hotel users;
7.1.9. Observe moral and ethical standards and refrain from using obscene language in the Hotel’s public areas;
7.1.10. Comply with the rules of staying in the room, the rules for using the Hotel’s infrastructure facilities, and the access regulations for them, which can be learned at the reception;
7.1.11. Comply with fire safety rules and the rational (economical) use of electrical appliances and Hotel equipment.
7.2. The Customer has the right to:
7.2.1. Independently and at their own discretion establish the terms of their own settlements with the Guest, unless the Customer personally uses the hotel services under this agreement.
7.2.2. Make early settlements with the Provider on their own initiative.
7.2.3. Refuse the Provider’s hotel services by making timely cancellation of the booking within the terms specified in clause 7.1.4 of this agreement.
7.3. The Provider is obliged to:
7.3.1. By posting on the official Hotel page on the Internet at www.medvino.com.ua, www.medvino.ua, provide necessary and reliable information about hotel services, their types, features and prices; provide the Customer or Guest, at their request, with other services related to the relevant hotel service; and inform the Customer or Guest about the Rules of Stay at the Hotel.
7.3.2. Accept, process and confirm received orders for booking hotel services, subject to the possibility of providing the relevant services, within no more than 24 hours from the moment of their receipt.
7.3.3. Be responsible for the quality of the services provided in accordance with the terms of this agreement and the current legislation of Ukraine.
7.3.4. When providing services to the Customer or Guest, comply with the terms (requirements) specified in the booking order submitted by the Customer.
7.4. The Provider has the right to:
7.4.1. Charge the Customer compensation (penalty sanction) in the cases and amounts defined by the terms of this agreement.
7.4.2. Refuse the Customer or Guest check-in or terminate the agreement (carry out eviction) in the cases provided for by the terms of this agreement and the rules of stay, and also if the Customer or Guest repeatedly violates the internal rules of stay, which are an appendix to this Agreement, resulting or potentially resulting in material losses to the Provider or creating inconvenience for other visitors, or posing a threat to the life, health, property of the Provider or other Hotel Guests. In this case, after deduction of the amount covering the material damages caused by the Customer or Guest and/or the fines/compensations provided for by this agreement, the remaining previously paid amount is returned to the Customer.
7.4.3. Apply to the Customer or Guest any fines, charges and rights defined in the Rules of Stay.
8. SPECIAL CONDITIONS
8.1. On the Hotel territory it is prohibited to:
• transfer the room key card to third parties;
• move furniture and relocate interior items;
• smoke in rooms and other places not designated for smoking;
• disturb the peace of other Hotel Guests before 7:00 and after 22:00 by creating noise or loud sounds;
• store or bring weapons (except in cases provided for by current legislation), explosives and flammable, corrosive, poisonous, toxic, narcotic substances and other dangerous items. Guests who have the right to carry and store weapons must notify the reception of this on the day of arrival by presenting the relevant permits;
• intentionally pollute the Hotel territory with cigarette butts, garbage, etc.;
• throw any objects or items from terraces or windows; – show aggression or perform actions that threaten the safety of the health or property of other persons.
• use personal irons, electric heating devices, immersion heaters, kettles, etc., which are not included in the room equipment;
• make fires on the territory, except in specially designated places;
• use grills (barbecue), bathhouse, hot tub and other services provided on the Hotel territory without prior review of the rules for their use.
8.2. In the event that the Guest violates rules of conduct and/or obligations, the reception has the right to refuse the Guest further provision of the temporary accommodation service and, accordingly, stay on the Hotel territory, with mandatory preparation of the relevant act and, if necessary, with involvement of law enforcement officers.
8.3. The Hotel has the right not to provide temporary accommodation services to persons who:
• by external signs are in a state of alcoholic and/or narcotic and/or toxic intoxication or under the influence of psychotropic substances, or are in an aggressive state that creates danger for Hotel employees and other Guests;
• without the reception’s approval and without proper permits, store or bring weapons, explosives and flammable, corrosive, poisonous, narcotic substances and other dangerous items and substances;
• intend to check into a room with a larger number of persons than provided for by the relevant room category;
• violate the Rules of Stay at the Hotel.
9. LIABILITY OF THE PARTIES
9.1. In the event of breach of their obligations under this agreement, the Parties are liable in accordance with the current legislation of Ukraine. A breach of obligation is its non-performance or improper performance, that is, performance in violation of the terms defined by the content of performance.
9.2. In the event of failure to provide hotel services booked and timely paid for by the Customer due to the Provider’s fault, the Provider pays the Customer a fine in the amount of the full booking cost. At the Customer’s written request, the Provider must accommodate the Customer or Guest in another hotel located in the same locality that provides services of equivalent or higher quality. Additional expenses arising in connection with this are covered by the Provider.
9.3. The Provider is not liable for improper performance or non-performance of the terms of this Agreement if the Customer failed to provide the information and documents necessary for the provision of services, or if information and documents were provided incompletely or contradictory and/or inaccurate information and/or documents were provided.
9.4. The Customer is responsible for the accuracy and completeness of the information specified during registration. If the Customer did not provide or incorrectly provided information about themselves, the Provider is not liable for the Customer’s losses incurred as a result of refusal to return the prepayment, provision of services and/or performance of other actions due to the impossibility of proper identification of the Customer.
9.5. In the event of delay by the Customer in payment for services as of the day of their provision, the Customer is deprived of the right to receive services, unless otherwise agreed by the Parties.
9.6. In the event of delay by the Customer in payment for services, the Customer undertakes to pay the Provider a penalty in the amount of double the discount rate of the National Bank of Ukraine on the amount of the unfulfilled monetary obligation for each day of payment delay.
9.7. In the event of delay by the Customer in payment for services for more than 10 (ten) calendar days from the date of service provision, the Customer pays the Provider, in addition to the penalty provided for in clause 9.6 of the Agreement, also a fine in the amount of the cost of unpaid services.
9.8. If the Customer makes payment but does not receive services for reasons beyond the Provider’s control, such funds may, with the Customer’s consent, be credited toward future payments for services to be provided by the Provider or must be returned at the Customer’s request.
9.9. If payment systems are used to pay for services on the Provider’s website, the payment infrastructure service operator is responsible for the correctness and timeliness of funds transfer, as well as the storage and processing of personal data and other information provided to initiate the funds transfer, in the manner prescribed by the legislation of Ukraine.
9.10. The Provider is not liable for breach of the Agreement committed by it through the fault of an intermediary service provider in the information sphere.
9.11. If the parties to this agreement do not reach an agreement voluntarily regarding disputed issues, this agreement may be challenged by the interested party in court in accordance with current legislation.
9.12. The Provider is not liable for:
• Impossibility of providing the Services for reasons beyond the Provider’s control;
• Actions of any third parties;
• Any harm or damage not caused through the Provider’s fault.
10. FORCE MAJEURE
10.1. The Parties are not liable under this agreement if the impossibility of performing their obligations arises due to circumstances of irresistible force (force majeure circumstances) that do not depend on the will of the Parties and are outside their competence, which must be proven by the Party referring to such circumstances. Such circumstances include, in particular, military events, natural disasters, strikes and other similar circumstances. The document confirming circumstances of irresistible force is a document of the Chamber of Commerce and Industry at the location of the relevant Party.
11. OTHER TERMS
11.1. The relations of the Parties not regulated by this agreement are governed by the provisions of the current legislation of Ukraine.
11.2. By accepting this Agreement, the Consumer confirms that: – the Customer (Guest) has reviewed the terms of this Agreement, as well as the specifics of the provision of services under this Agreement by the Provider; – the Customer (Guest) understands all terms of this Agreement; – the Provider has provided the Customer (Guest) with all additional information that the Customer (Guest) wanted to learn before entering into this Agreement; – the Customer (Guest) has fully agreed to the terms of this Agreement.
11.3. The Parties acknowledge that all terms of this agreement are confidential information, and neither Party undertakes to disclose the terms of this agreement to any third parties, except in cases provided for by current legislation.
11.4. The term of this agreement is determined by the Parties until full performance of the obligations assumed by them, and in terms of settlement, until full settlement between the Parties.
11.5. The moment of conclusion of this agreement is the moment of conclusion between the Parties of the accession agreement to the agreement for the provision of hotel services by the Customer paying the invoice for the provision of hotel services issued by the Provider. At the same time, payment in whole or in part for the services under this invoice and crediting of the specified funds by the Provider is confirmation by the Customer of the conclusion of the accession agreement to the agreement for the provision of hotel services and the Customer’s acceptance of all material terms of this agreement, including but not limited to terms regarding cancellation, change and refusal of booked services, amounts of fines and the procedure for staying at the Hotel. Payment of funds under this invoice is acceptance by the Customer of the Provider’s proposal to purchase services and pay for them, which is posted on the official hotel website www.medvino.com.ua, www.medvino.ua and is the Provider’s public offer agreement and contains all material terms for the provision of services (Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine).
12. PERSONAL DATA AND INFORMATION
12.1. The Customer and/or Guest gives the Provider consent to perform, without restrictions except for transfer to third parties, any actions regarding the processing of their personal data for the purpose of:
• carrying out the Provider’s activities in accordance with the legislation of Ukraine;
• performing the terms of this Agreement; – exercising and protecting the rights of the Parties under this Agreement;
• performing other powers, functions and duties of the Provider that do not contradict the legislation of Ukraine and this Agreement.
12.2. At the same time, the Provider is authorized to process personal data within the scope of information that has been/will be received by the Provider from the Customer and/or Guest personally, from their representatives, from third parties, or from publicly available sources; to change/supplement the personal data of the Customer and/or Guest based on information from third parties; and to contact third parties for verification.
12.3. For the purpose of exercising the rights of the parties under this Agreement, the Customer and/or Guest gives the Provider consent to audio recording/recording of telephone conversations of the Customer and/or Guest with the Provider or the Provider’s employees, photo/video recording in the Provider’s common areas on magnetic and/or electronic media, and consent to the Provider’s use of the results of such recordings/filming, including as evidence.
12.4. Without obtaining additional written consent and without separate notice, the Customer and/or Guest gives the Provider consent to distribute the personal data of the Customer and/or Guest, transfer them to third parties, including outside Ukraine, to foreign subjects of relations, or provide third parties with access to them, in particular:
• to ensure that third parties perform their functions or provide services to the Provider, in particular auditors, insurance companies, intermediaries, appraisers and other persons, if such functions and services relate to the Provider’s activities;
• upon the occurrence of grounds for transfer of trade secrets to third parties in accordance with the legislation of Ukraine or the terms of this Agreement;
• to persons providing the Provider with services for organizing postal mailings, telephone calls, sending SMS messages, sending by email information regarding performance of the Agreement, informational and advertising messages and offers regarding the services of the Provider and/or its partners;
• to persons providing the Provider with services for storing client documents, creating and storing their electronic copies (archives, databases), as well as to persons providing services/ensuring other activities of the Provider that do not contradict the legislation of Ukraine. Taking into account the terms of this clause, the Customer and/or Guest certifies that they have been properly and fully informed about the composition and content of their personal data collected by the Provider, the purpose of collecting their personal data and the persons to whom their personal data are transferred, and have also been informed about their rights defined by the Law of Ukraine “On Personal Data Protection”. The Customer and/or Guest has been informed that this agreement and the rights of personal data subjects defined by it, provided for by the Law of Ukraine “On Personal Data Protection”, may additionally be reviewed on the website http://www.hotelruno.com.
12.5. Being aware of the scope and nature of the Provider’s obligations regarding storage of bank card data, the Customer and/or Guest also gives the Provider consent to store information about them that became known to the Provider in the course of performing the terms of the Agreement.
12.6. The Customer and/or Guest also gives the Provider consent, at the latter’s own discretion and without restriction, to call, send information on matters of performance of the Agreement, other informational and advertising messages and offers regarding the services of the Provider and its partners by postal mailings, electronic means of communication, SMS messages, using mobile communication or the Internet, etc., to postal addresses, email addresses and telephone numbers provided by the Customer and/or Guest to the Provider (specified in any documents) or otherwise became known to the Provider.
12.7. By giving the Provider consent on the above terms, the Customer and/or Guest understands and agrees that the transfer of banking or commercial secrets, other information with restricted access and/or processing of personal data of the Customer and/or Guest may be carried out, in particular, using various means of communication, the Internet, and also by third parties, including outside Ukraine and/or foreign subjects of relations related to personal data. The Customer and/or Guest understands that information sent (transferred) in this way may become available to third parties, and releases the Provider from related liability.
APPENDICES:
– Rules of Stay at the Hotel
Provider’s Details
Limited Liability Company “MEDVINO RESORT GROUP”
EDRPOU code: 46075344
IBAN: UA793226690000026000300382443
Taxpayer under the general taxation system