PUBLIC CONTRACT

on the provision of services for booking, processing and selling tickets for bus transportation of passengers and luggage

INDIVIDUAL PERSON-ENTREPRENEUR RAVLYK IHOR OLEKSIIOVYCH (further in content Artist), LEV-BUS Sp.z.o.o.(ul. Czeska 9C lok.9, 20-424 Lublin) , on the one hand, andPHYSICAL (LEGAL) PERSON, which appealed toArtistto receive services for booking, issuing and selling tickets for bus transportation of passengers and luggage or the person in whose name the ticket is issued(hereinafter referred to as –Customer or Passenger), on the other hand, collectively referred to as the “Parties” and each individually as a “Party”, have entered into this Public Agreement (hereinafter referred to as the Agreement) about the following:

1. TERMS AND DEFINITIONS

1.1. Public offer– the Contractor’s public offer in the form of a Public Agreement for the provision of services for booking, processing and selling tickets for bus transportation of passengers and luggage, which contains all essential conditions and is published on the Contractor’s websitehttps://lev-bus.com.ua. 

1.2. Acceptance offers– full, unreserved, unconditional acceptance by the Customer (Passenger) of the terms of the Offer without any exceptions and/or restrictions, by performing any actions to create, order services, submit an order to book services, purchase, pay or any other actions of the Customer (Passenger) aimed at ordering services (booking them) on the Contractor’s websitehttps://lev-bus.com.ua. 

Acceptance is equated, in accordance with Part 2 of Article 642 of the Civil Code of Ukraine, to the conclusion by the Parties of a bilateral written agreement on the terms set out below in this Offer.

1.3. АРІ (Application Programing Interface) – an application programming interface that provides information exchange between the software complexes of the Carrier and the Contractor, in the event that the Contractor acts as an Agent, in real time through interaction with the LEV-BUS system.

1.4. Agent – a legal entity or individual entrepreneur who, in accordance with the contract concluded with the Carrier, carries out intermediary activities in the booking, processing and sale of tickets for international transportation of passengers and baggage on behalf of and at the expense of the Carrier on the terms and at the rates determined by the Carrier and is not a party to the transportation contract between the Carrier and the Passenger.

1.5. Website– open for free visual inspection by any person, publicly accessible website owned by the Contractor, located on the Internet at the addresshttps://lev-bus.com.ua, together with all its functionalities, pages, graphics, etc., is intended for obtaining services for searching for a vehicle, its route, availability of free seats, reservations, sale of travel documents (tickets) for this vehicle and other services.

1.6. Service– paid services for the transportation of the Passenger and his luggage in accordance with the route chosen by him, the date and time of departure of the Carrier’s vehicle. The scope of the Service and the start of its provision are selected by the Customer (Passenger) independently when placing the Order from the options proposed by the Contractor. The list of services provided to the Customer within the framework of the Order may be changed by the provider of such services unilaterally.

1.7. Electronic passenger ticket, itinerary receipt, insurance policy– an electronic digital document stored in the system of the Service Provider, the Contractor or in the global booking system, contains a complete set of data about the Service, reflects the identification data of the Carrier (company/person providing the Service), the Customer, certifies the purchase of the Service, confirms the right of the person specified in the travel document to use the Service. It is provided to the Customer in the form of an electronic document: itinerary receipt/electronic ticket (hereinafter referred to as – Ticket).

1.8. Orders– a written or electronic request for receipt (reservation, order) of the Service selected by the Customer, received by the Contractor by technical means of booking, including through the “on-line” booking system, or in another manner established by this Agreement or the Contractor, which contains a full list of information necessary for the registration of the transportation service (bus ticket).

In this AgreementA booking request is considered acceptance.Customer of this Agreement, and means the Customer’s agreement with all its terms.

1.9. Customer– an individual, legal entity, individual entrepreneur who, on the basis of a Public Contract concluded with the Contractor, has placed an order for the Service in his own interests and/or in the interests of third parties and/or pays for such services.

1.10. Passenger– a person who is indicated as the recipient of transportation services or otherwise uses the services purchased from the Contractor in accordance with the Ticket.

1.11. Carrier– the person who directly provides the Passenger and baggage transportation service selected and paid for by the Customer (Passenger) and specified in the Ticket. In the event that the service is provided directly by the Contractor, he is considered the Carrier under the terms of this Agreement.

1.12. Valid travel documents– documents recognized as valid in all countries through whose territory the Passenger is transported, which allow him to cross the internal and external borders of countries, the validity of which has not expired or will not expire before the end of the planned trip. The list of these documents depends on the requirements of the legislation of the country from which or into which the Passenger enters. Any Passenger document is not considered a Valid Travel Document if, due to its improper execution or validity, foreign competent authorities apply a penalty to the Carrier.

1.13. Rules for the carriage of passengers and baggage –rules established by the Carrier, which determine the conditions, rights, obligations and responsibilities of the Passenger during and in connection with the carriage (further in content – ​​Transportation rules), which the passenger is required to read before clicking the “Pay” button.

1.14. Personal data– information or a set of information about an individual who is identified or can be specifically identified (name and surname, contact details, payment details, email address, etc.).

1.15. Owner of personal data– an individual whose personal data is being processed and who has consented to their processing.

1.16. Processing of personal data– any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (dissemination, sale, transfer), depersonalization, destruction of personal data, including using information (automated) systems.

1.17. Consent of the personal data subject– voluntary expression of will by an individual (representative of an individual) to grant permission to process their personal data by registering on the site, checking the appropriate field of the site to provide consent, using the site, etc.

2. GENERAL PROVISIONS

2.1.The terms of this Agreement determine the relationship between its Parties and are established as the same for all Customers (Passengers), except for those who are granted relevant privileges by the legislation of Ukraine (if any).

2.2.The Agreement may be amended unilaterally by the Contractor without notice by posting a new version of this Agreement on its website. The new version of the Agreement shall enter into force from the moment of its publication on the Website.

2.3.If the Customer does not agree with the terms of the Agreement, he is obliged to stop using the Site and not take any actions aimed at accepting the offer set out in the Agreement (Public Offer).

2.4.By agreeing to the terms of this Agreement, the Customer (Passenger) confirms his/her authority, legal capacity and capacity to act, financial capacity, and also acknowledges responsibility for the obligations imposed on him/her as a result of concluding this Agreement.

2.5.The Customer (Passenger) making a reservation, full or partial payment is evidence of unconditional acceptance of the Agreement, as well as confirmation of the authenticity of his (Passenger’s) personal data and assumes all responsibility for their accuracy, completeness and authenticity. The Customer (Passenger) assumes all possible commercial risks (placing a new order, changing the tariff, refunding money, etc.) associated with his culpable actions in making errors or inaccuracies in providing personal data.

3. SUBJECT OF THE CONTRACT

3.1.Under this Agreement, the Contractor undertakes to provide services for booking, processing, selling tickets and performing transportation (acting as a Carrier) or only searching for a suitable Carrier (acting as an Agent), in accordance with the date, time and direction selected by the Customer, and the Customer undertakes to pay for such services immediately or within the period specified in the booking.

3.2.Booking, purchasing a Ticket by the Customer (Passenger) is considered the conclusion of the Agreement.

3.3.For the services provided by the Contractor, the Customer (Passenger) pays the Contractor funds in accordance with the current tariffs of the Carrier/Contractor posted on the Site. Banking services related to the transfer of funds within the framework of the Agreement are paid by the Party performing them. Tariffs may be changed unilaterally by the Contractor by posting the changed tariffs on the Site.

3.4. All payments under this Agreement shall be made exclusively in the national currency of Ukraine – hryvnia. Monetary obligations may be determined by the parties with an equivalent in foreign currency (euro, US dollar or other currency), while the actual payment shall be made in hryvnia at the official exchange rate of the National Bank of Ukraine, effective on the date of the relevant payment. All payment system fees associated with conversion shall be borne by the Customer.

3.5.In the event that the Customer concludes this Agreement in the interests of the Passenger(s), the Customer, by signing this Agreement, confirms and guarantees to the Contractor that the Customer has the necessary authority and authorization from the Passenger(s) to conclude this Agreement in the interests of the latter. In this case, the Customer bears joint and several liability under the terms of this Agreement together with the Passenger(s), and the Customer’s actions create civil rights and obligations for the Passenger(s) under the terms of this Agreement.

3.6.The e-mail address and/or phone number specified when purchasing a Ticket is used as the Customer’s (Passenger’s) identifier.

3.7.The rights and obligations of a passenger who purchased a ticket on the Site, regarding the conditions of transportation, are determined by the Agreement and the rules of transportation provided by the Carrier.

3.8.Violation of the terms of the Agreement and the Carrier’s transportation rules is grounds for refusal to use the Ticket and provide transportation services, without the right to a refund.

3.9.The Customer who has made a reservation, paid for the Services under this Agreement, a passenger seat or other services confirms that he is familiar with and unconditionally accepts the terms of this Agreement. If the Customer is not a Passenger, by making a reservation and paying for the Services, he confirms that he is an authorized person of the Passenger in whose name the reservation and payment for the Services is made and by making a payment for the Services, he confirms that he has brought to the attention of the Passenger the terms of this Agreement and other information necessary for the Passenger to receive the transportation service.

3.10.Information about the transportation route, date and time of the start/end of transportation, name of the Carrier, etc. are indicated directly in the Transportation Ticket.

3.11.If the Contractor acts as an Agent, he receives a fee consisting of the amount of funds included in the cost of the Ticket and defined as the Agent Fee (paid by the Carrier).The provision of services by the Agent is carried out using tools connected to the System API, in accordance with the established route parameters, pricing policy, stops, as well as other information entered by the Carrier.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Customer (Passenger) has the right:

4.1.1. to receive timely and complete information about the conditions and procedure for providing Services;

4.1.2. refuse the trip, return the Ticket and receive a full or partial refund – depending on the time of its return and on the terms established by the Carrier.

4.1.3. obtain a seat in the vehicle in accordance with the purchased ticket;

4.1.4. carry baggage free of charge within the limits established by the Contract and the Carrier’s Carriage Rules;

4.1.5. for compensation for documented damages caused, if the Contractor is at fault;

4.1.6. other rights provided for by this Agreement.

4.2. Obligations of the Customer (Passenger):

4.2.1. before purchasing a Ticket, read this Agreement, the rules of transportation, transportation tariffs and other documents posted on the Contractor’s Website and related to transportation, accurately determine the date and time of travel, schedule and route, and ensure the availability of valid travel documents;

4.2.2. to provide necessary and accurate information when placing an order for the Service;

4.2.3. immediately check the correctness of the data specified in the Ticket immediately after its receipt and, if errors are detected, immediately initiate the necessary changes;

4.2.4. pay for the Services in accordance with the terms of this Agreement and the Carrier’s tariffs;

4.2.5. keep the Ticket and present it upon the Carrier’s request;

4.2.6. arrive at the place of departure in advance;

4.2.7. have with you all properly executed documents necessary for entry into the countries of destination, transit countries along the transportation route and present them upon request of the Carrier, its drivers and persons entitled to exercise control;

4.2.8. occupy the seat specified in the Ticket, keep it and present it at the request of the Carrier, its drivers and persons entitled to exercise control;

4.2.9. to perform other obligations stipulated by this Agreement and the current legislation of Ukraine and the legislation of foreign countries along the transportation route.

4.3. The Contractor has the right:

4.3.1. independently change the terms of the Agreement, including adjusting the current tariffs provided by the Carrier, change the terms of this Agreement by publishing a notice of such changes on the Site, in the mobile application;

4.3.2. refuse transportation to the Passenger in case of violation of the requirements (provisions) specified in the Rules of Carriage;

4.3.3. offer Passengers additional paid services;

4.3.4. provide services for finding a Carrier for the Passenger, in which case the Contractor makes reservations, arranges and sells tickets as an Agent.

4.3.5. other rights provided for by law and this Agreement.

4.4. The Contractor undertakes to:

4.4.1. take measures to provide safe, convenient and high-quality Services;

4.4.2. provide information and advice on issues that arise for Passengers regarding the use of services: placing an order, conditions for booking a seat, additional Baggage, etc.;

4.4.3. to perform other obligations stipulated by this Agreement.

5. RULES FOR CARRIAGE OF PASSENGERS AND BAGGAGE

5.1.The Passenger must arrive at the bus departure point indicated in the Ticket no later than 30 minutes before the scheduled departure time.

5.2.If the Passenger is not present at the agreed boarding point and departure time, the transportation is considered canceled and all contractual obligations are terminated at the initiative of the Passenger. In such a case, the cost of the Ticket is not refunded to the Customer (Passenger).

5.3.Ticket refunds are made:

5.3.1 In the event of cancellation of the flight by the Carrier, the passenger will be refunded 100% of the ticket price.

5.3.2 Voluntary return of the ticket by the passenger is carried out on the conditions specified by the Carrier.

5.3.3 In case of disagreement of the passenger with the ticket refund rules, the decision on the refund shall be made by the Carrier.

5.4.In the event of force majeure (force majeure circumstances), the boarding place may be changed unilaterally by the Carrier, which the Contractor shall notify the Passenger about prior to the departure of the bus. The Passenger shall be deemed to have agreed to the terms proposed by the Contractor without any comments or claims to the Contractor/Carrier if the Passenger continues to travel on the terms proposed by the Carrier. In the future, the Passenger’s claims on any issues regarding this shall not be considered and shall not be satisfied.

5.5.During boarding, the Passenger is obliged to present valid travel documents and check his/her luggage in the baggage compartment. The Passenger is warned that in case of refusal to present documents or in case of absence of any of the required valid travel documents (expiration of its validity period), the Carrier has the right to unilaterally terminate the contract with the Passenger without refunding the cost of the Ticket.

5.6.The Contractor is not responsible for the delay of the transport during movement and the untimely arrival of the transport to the places of boarding and disembarking passengers.

5.7.The driver of a passenger vehicle does not allow Passengers to travel who:

5.7.1. do not have tickets or do not present a certificate of the established sample confirming the right to benefits regarding travel payment;

5.7.2. do not have valid travel documents;

5.7.3. are under the influence of alcohol or drugs;

5.7.4. violate public order;

5.7.5. carry dangerous goods, in particular flammable, explosive and those that may contaminate the bus or passengers’ clothing, goods excluded from civil circulation, or goods whose transportation across the border is prohibited;

5.7.6. passengers presenting a citizen’s passport Russian Federation.

In the event that the Passenger is denied travel in the cases provided for by this Agreement, the Agreement is deemed to have been fulfilled, despite the fact that the transportation was performed in a different volume than that provided for by the Ticket (paper ticket), the cost of the trip is not reimbursed and the claims are not considered by the Contractor.

5.8.The arrival time in the Ticket is indicated as an estimate, taking into account force majeure circumstances that may arise on the way (weather conditions, traffic jams, detours, actions and decisions of state regulatory bodies, actions and decisions of state and local bodies and administrations, queues at state borders, bus accidents and unforeseen technical malfunctions), including force majeure circumstances.

5.9. If there is a delay in the departure of the flight for any reason from the point of departure or arrival at the destination specified in the Ticket, the Passenger may use a trip with a changed schedule and/or route or initiate a refund of the unused part of the trip, based on the cost of 1 km. In the event that the Passenger used a trip with a changed schedule and/or route, further claims will not be considered.

5.10. The Contractor does not guarantee and is not responsible for the untimely arrival of buses at destinations, transfers to other modes of transport and other carriers.

5.11. A passenger on domestic and international flights of the Carrier is allowed to carry luggage in the luggage compartment of the bus free of charge, and in the bus cabin on the luggage rack – hand luggage, the number of units, dimensions and weight of which are determined by the Carrier.

5.12. Transportation of animals is permitted under the conditions established by the Carrier and taking into account the relevant norms of Ukrainian and international legislation.

5.13. In the absence of valid travel documents for the transportation of animals, the Passenger will be denied transportation without a refund.

6. RESPONSIBILITY OF THE PARTIES

6.1.In the event of failure to fulfill or improper fulfillment of their obligations under the Agreement, the Parties shall bear liability as provided for by law and this Agreement.

6.2.The Contractor shall not bear any responsibility for the provision of services and the fulfillment of obligations by the Carrier to the Passenger if the Carrier is not the Contractor itself.

6.3.The Contractor is not responsible for the safety of the Customer/Passenger’s luggage, valuables and documents during the entire period of receiving services under this Agreement. The person to whom the Services are provided is responsible for the safety of his/her property both in Ukraine and abroad.

6.4.The Customer is fully responsible for the accuracy of the information provided about himself and the Passengers and the validity of the documents provided. In the event of the Customer/Passenger not leaving due to incorrect registration of the passport or other necessary documents, including for a child, all financial costs are borne exclusively by the Customer/Passenger.

6.5.If the Customer acted without proper authority in relation to the purchase of a ticket in the name of a third party (Passenger(s)) and his actions were not agreed with the Passenger(s), then the Customer shall be personally liable for any losses to the Passenger(s).

6.6.Failure to comply with the Transportation Rules by the Customer (Passenger) may result in cancellation of orders and denial of access to the purchased Services, including the ability to use the Ticket (paper ticket), without a refund of the funds spent on its issuance.

6.7.The driver of a passenger vehicle has the right to deny passage to Passengers who do not have valid travel documents, without refunding the money spent on issuing a Ticket (paper ticket).

7. PROCESSING OF PERSONAL DATA

7.1.All information about the Passenger provided during the order or registration on the Site is collected, stored and used solely for the purpose of fulfilling this Agreement and ensuring the provision of Services by the Contractor and/or Carrier.

7.2.By accepting this Public Offer (Agreement) and voluntarily providing their personal data, the Customer / Passenger consents to the collection, processing, storage, use, deletion, as well as taking other actions regarding their personal data, processing of personal data by the Contractor in accordance with the Law of Ukraine “On Personal Data Protection” and the Privacy Policy posted on the Site, transfer of personal data to other third parties – exclusively to the extent necessary to provide the Services provided for by this Agreement, sending commercial information, promotional offers, reminders and other messages related to the Services via electronic communication channels (email, SMS, messengers, etc.).

7.3.The Contractor undertakes not to disclose or distribute personal data without the consent of the User, except in cases provided for by the legislation of Ukraine or when necessary for the implementation of this Agreement.

7.4.The user has the right to access their personal data, correct or update them, and upon request restrict their processing or delete them – in cases provided for by law.

7.5.All requests regarding the processing of personal data should be sent to the email address specified in the Privacy Policy.

8. FORCE MAJEURE

8.1.The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if such failure to fulfill obligations was a consequence of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could not foresee and which the Parties could not prevent by their own actions. Such force majeure circumstances include (including, but not limited to the following list): natural disasters, hostilities, war, embargo, quarantine, pandemic, epidemic, decisions of state authorities that made it impossible to fulfill this Agreement. The term of force majeure circumstances is confirmed by a certificate issued by the Chamber of Commerce and Industry of Ukraine (its territorial body).

8.2.Upon the occurrence and termination of the circumstances specified in clause 8.1 of this Agreement, the Party for which it has become impossible to fulfill its obligations under this Agreement must notify the other Party in writing within 5 business days.

8.3.In the absence of timely notification, as provided for in clause 8.2 of this Agreement, the Party shall be obliged to compensate the other Party for losses incurred due to the lack of notification or untimely notification, except for cases where such notification became impossible due to force majeure circumstances.

8.4.If force majeure circumstances last more than a month, each Party has the right to initiate termination of this Agreement by sending the other Party a written notice 15 (fifteen) calendar days prior to the projected termination date.

9. TERM OF VALIDITY AND OTHER TERMS OF THE AGREEMENT

9.1.This Agreement shall enter into force on the date of its acceptance by the Customer (Passenger) and shall remain in effect until the Parties fully fulfill their obligations.

9.2.Any disputes regarding the performance of this Agreement that have arisen at the initiative of the Customer (Passenger) shall be considered by the relevant court at the location of the Contractor in compliance with the claim procedure. A written claim shall be sent to the location of the Contractor. The claim shall be considered by the Contractor within one month from the date of its receipt, unless otherwise specified by the current legislation of Ukraine.

9.3.The Parties have decided that in the event of any discrepancies between the terms of this Agreement and the provisions of the current legislation of Ukraine, the provisions of the current legislation shall prevail. In everything not provided for in this Agreement, the Parties shall be guided by the current legislation of Ukraine, as well as the legislation of the country of registration of the international Carrier.

9.4.The Contractor and the Customer (Passenger) exchange messages by electronic correspondence or publication on the Site. The Customer (Passenger) agrees that all messages, news and other communications in electronic form, compiled by the Contractor, meet the same legal requirements as in paper form.

Documents transmitted by the Customer (Passenger) by electronic means of communication (electronic documents) to the Contractor may be taken into account by the latter before exchanging them for originals.

9.5.All textual information and graphic images located on the Site are the property of the Contractor and/or its contractors. The Customer (Passenger) does not have the right to make changes, copy, distribute, create derivative works, sell and use the Contractor’s intellectual property in any other way. Such actions will be considered a violation of copyright and the Contractor reserves the right to apply to violators all legally permissible preventive measures to protect and restore their rights.

9.6.The Parties to this Agreement shall take all necessary measures to ensure the confidentiality (non-disclosure) of technological, financial, commercial, confidential and other information and documentation, trade secrets, and personal data of individuals received from the other Party.