Public offer (Agreement)
Public offer (Agreement) for the provision of temporary accommodation services
Please read the text of this Public Offer (Agreement) for the provision of services carefully and, if you do not agree with any of the terms of this Public Offer (Agreement), or if you do not understand any of the terms of this Public Offer (Agreement), we suggest that you contact the Hotel staff for additional clarification from the Hotel staff.
If you accept the proposed services and conditions, it is considered that you fully and unconditionally agree with all the terms and conditions of the Public Offer (Agreement) for the provision of services and the rules of stay at the hotel set out below, in full and unconditionally accept them (including agreeing to fulfill all obligations imposed on you by the Public Offer (contract) for the provision of services and the rules of stay at the hotel) and that you understand all their provisions.
The Public Offer (Agreement) for the provision of services and the rules of stay at the Hotel define the content of the rights, obligations, and responsibilities of the Hotel and the User, are valid simultaneously, and complement each other
1. GENERAL PROVISIONS
1.1. 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 an indefinite circle of persons (hereinafter referred to in the singular as “User” or in the plural as “Users” or in the singular as ‘Client’ or “Consumer” or in the plural as “Consumers” or in the singular as ‘Guest’ or in the plural as “Guests”) to conclude an agreement for the provision of the User with accommodation services (provision of a room – a specially equipped room) for temporary residence and on the terms set out below.
1.2. Hereinafter in the text of the Public Offer (contract), the Hotel and the User are collectively referred to as the “Parties,” and each separately as a “Party.”
1.3. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to conclude and perform the Agreement in accordance with its terms and conditions.
1.4. The text of the Public Offer (contract) is always available on the Hotel’s website.
1.5. The User agrees to the disclosure to third parties of information arising in connection with the performance of this Public Offer (contract) and the User’s receipt of services from the Hotel.
1.6. The User (Client, Consumer, Guest) entrusts the Hotel with the collection, processing, transfer, and storage of the User’s (Client’s, Consumer’s, Guest’s) Personal Data in relation to the following categories of data:
- surname, first name, and patronymic (if any);
- taxpayer identification number (personal code, pasel, etc.);
- details of the identity document;
- email address;
- address: country, region (state, district, canton, province, etc.), city, street, house number, apartment number);
- language of use;
- bank account number;
- state registration number of the vehicle;
- payment order information;
- telephone number.
1.7. The Parties fully understand that the above information is personal data, i.e. data used to identify the Consumer or their representative, and agree that such data is stored by the Hotel and may be further used by them in accordance with the provisions of the current legislation of Ukraine for the implementation of business relations between the parties. Personal data is protected by the Constitution of Ukraine and the Law of Ukraine “On the Protection of Personal Data.” The rights of the Parties are regulated by Article 8 of the Law of Ukraine “On the Protection of Personal Data.” Acceptance of a public offer means unequivocal consent to the above and confirmation that the Consumer (Client, User, Guest) is familiar with the content of Article 8 of the Law of Ukraine “On the Protection of Personal Data” and gives irrevocable consent to the storage, processing, and use of personal data in accordance with the requirements of the current legislation of Ukraine.
2. PROPOSAL (PUBLIC OFFER)/ SUBJECT OF THE AGREEMENT
2.1. The subject of the Public Offer/Contract is the provision by the Hotel to the User, for a fee, of accommodation services by providing a room (specially equipped premises) for temporary stay at the Hotel’s location, in specially equipped residential premises (room) in accordance with the booking request.
2.2. The Agreement shall be deemed concluded and shall become effective as a contract of adhesion from the moment the the Customer performs any action provided for in clause 3.4 of the Agreement, which means full and unconditional acceptance by the latter of all terms and conditions of the Agreement without any exceptions and/or restrictions in accordance with Article 642 of the Civil Code of Ukraine. The Agreement for the provision of accommodation services concluded by the User by accepting the Public Offer, is legally valid in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to an agreement signed by the parties and is considered to mean that the User has read and agrees to the terms of this Public Offer (agreement).
3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. The Agreement shall be concluded between the Hotel and the User in the form of an adhesion contract (Article 634 of the Civil Code of Ukraine).
3.2. Acceptance of the Public Offer shall be deemed to be the performance by the User of any of the actions specified in clause 3.4 of the Agreement.
3.3. Acceptance of the Public Offer shall mean full, unconditional, and unreserved acceptance by the User of all terms of the agreement without any exceptions and/or restrictions and is equivalent, according to 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 forth in this Public Offer.
3.4. The conclusion of the agreement means that the User:
- has fully familiarized themselves with and agrees to the rules of staying at the Hotel;
- recognizes the unconditional suitability of the Hotel premises and the room provided by the Hotel, in particular for
- staying in it;
- accepts all the terms of this agreement without comments or objections.
3.5. In accordance with Article 642 of the Civil Code of Ukraine, the User confirms the fact of acceptance of the Public Offer in the event of performing any of the following actions:
- payment for temporary accommodation services by bank transfer on the basis of issued
- invoices, or by bank card through the reception and accommodation service (reception);
- direct use of the Hotel’s services by the User (check-in);
- filling out a registration form/questionnaire at the reception desk.
3.6. The User undertakes to independently enter (provide) accurate personal data and information that corresponds to reality when registering to receive the Hotel’s services.
3.7. The term of acceptance of the Public Offer is unlimited.
4. RULES FOR USING THE HOTEL’S PROPERTY
4.1. The Hotel provides the User with furnished rooms equipped with household appliances (TV, hairdryer, refrigerator, etc.), plumbing, and other equipment. The hotel rooms and common areas are insulated, have modern finishes, engineering networks, equipment, and fittings that meet all requirements at the time of commissioning.
4.2. The User must treat the Hotel’s property with care, use the equipment for its intended purpose, and comply with fire safety requirements. In case of damage to property, technical malfunctions, emergencies (flooding, fire, broken glass, etc.), it is necessary to immediately notify the Hotel Administration.
4.3. Upon check-in, the User is given a key (plastic card), which they must return on the day of departure. If the User loses the key, a penalty will be charged.
4.4. In the event of loss or damage through the fault of the User to property (including towels, bathrobes, tableware, furniture, various equipment, etc.) located on the territory of the Hotel, the User undertakes to compensate for the damage no later than the date of check-out from the Hotel, the amount of which is determined:
- in accordance with the prices indicated on information stands, in the consumer corner, menus, price tags,
- price lists, other information documentation of the Hotel, and in the absence of such prices, by a commission consisting of:
- a security guard, a reception administrator, and any other Hotel employee on the terms of transparency
- and at the market value of the lost or damaged property.
5. BOOKING AND PAYMENT PROCEDURE
5.1. The Hotel’s services are provided to the User on a paid basis in accordance with the terms of the contract and the rates/prices specified in the price list in the Hotel’s information documentation and/or on the Hotel’s website, taking into account the selected room category. Rates/prices for the Hotel’s services and their list are determined and changed solely at the sole discretion of the Hotel.
5.2. Guests have the right to book rooms directly by calling the phone number listed on the Hotel’s official website, online through the Hotel’s website or through intermediaries such as Booking.com and others, tour operators or travel agents.
5.3. For a successful booking, the following information is provided: exact dates of stay, number of persons (adults and children; indicate the age of children), contact phone number and e-mail for correspondence.
5.4. After the booking is made, the guest is sent a booking confirmation to the specified e-mail with a brief description of the Hotel’s rules and an invoice for prepayment.
5.5. The right to receive/use the Hotel’s Services is usually granted after payment for the relevant Services has been made, in accordance with the Rates/Prices. The Hotel has the right to provide the User with services without prepayment.
5.6. The hotel has the right to apply free prices and a system of discounts for temporary accommodation services. The price in the invoice is fixed and is not subject to additional discounts or promotions.
5.7. Payment of the remaining amount for services at the Hotel shall be made in cash or by bank transfer exclusively upon check-in at the hotel.
5.8. At the end of the paid period of stay, the User is obliged to leave the room and clear it of personal belongings and luggage no later than 12:00 Kyiv time (check-out time) on the last paid day of stay or pay for an extension of the period of stay in the room if there is no reservation for the specified room by third parties.
5.9. Check-in time at the Hotel starts at 14:00 Kyiv time. Early check-in and late check-out are additional services that are paid for based on the selected room category in accordance with the prices in the price list on the Hotel’s website and the availability of such services at the time of booking. The fee for early check-in is 50% of the cost of the previous day, and for late check-out is 50% of the cost of the next day of accommodation.
6. PROCEDURE FOR CHECKING INTO THE HOTEL. PROCEDURE FOR EARLY TERMINATION OF ACCOMMODATION SERVICES AT THE INITIATIVE OF THE USER.
6.1. The User’s accommodation at the Hotel is usually provided on a prepaid basis, according to the invoice issued, in accordance with the prices indicated on the official website of the Hotel, with the simultaneous presentation by the User to the reception of documents proving his identity (Ukrainian passport, including for travel abroad, birth certificate – for persons under 16 years of age unaccompanied by parents, guardians, etc., passport of a foreign citizen or stateless person, migration card), as well as filling out and leaving a Guest Card in the specified form at the reception desk. In the absence of the above documents. The User acknowledges the right of the receptionist to refuse to provide temporary accommodation services at the Hotel.
6.2. In case of refusal by the User of the booked service or change of the start and/or end date of the service for any reasons not dependent on the Hotel, changes in the terms of service at the initiative of the User after payment, it is equated to a refusal of the service, and in favor of the Hotel, the paid amount in the amount of 100% of the cost of unused accommodation is retained (charged).
6.3. Advance cancellation of a reservation shall be made exclusively in writing:
if the reservation is canceled 14 days or more prior to the date of arrival of the Guests (timely cancellation), the funds paid shall not be refunded, but their use by the User during the calendar year (from the date of arrival of the reservation) shall be guaranteed by the User within one calendar year (from the date of arrival specified in the reservation). Only the amount paid in hryvnia is recorded on the deposit;
- if the reservation is canceled 14 days or less before the date of arrival of the Guests (late cancellation), the funds paid are not refunded and may be used as a penalty for late cancellation;
- a refund of the prepayment for the ordered services is possible only within 3 days from the date of
- Refunds for prepaid services are only possible within 3 days of payment, or if the Hotel is at fault for not providing accommodation services. Refunds will be made within 14 days of the guest completing the relevant application form.
7. RIGHTS AND OBLIGATIONS OF THE HOTEL
7.1. The Hotel is obliged to:
- provide the User with paid services in a timely, high-quality and complete manner;
- inform the User about the services provided on the territory of the Hotel and the form and procedure for their payment;
- ensure full compliance of the services provided with sanitary and epidemiological standards and rules;
- respond in a timely manner to User requests regarding the provision of temporary accommodation services, taking measures to eliminate breakdowns and accidents in the Hotel rooms as soon as possible (if it is impossible to eliminate an accident or breakdown in a room, another room of of a category not lower than that agreed upon on the day of arrival);
- be responsible for the completeness and serviceability of equipment in the rooms, as well as for the quality of room preparation for check-in.
7.2. The hotel is not responsible for money, belongings, or any other material valuables that were left in the room, lost on the hotel premises, or missing for any reason.
7.3. The hotel has the right to:
- enter the Hotel room to clean it, change linen, check water supply and air conditioning systems, or fix any malfunctions, as well as in the event of a violation by the User of the provisions of this Public Offer;
- in the event of the expiration (expiry) of the period of stay agreed with the reception and paid for in full.
- in the event of the end (expiration) of the period of stay agreed with the reception and paid for in full at the Hotel and/or the absence of the User at the place of temporary residence for more than 2 hours without payment, to independently vacate the room of the User’s personal belongings, compiling a list of the property left by the User;
- in case of more than two violations by the User of generally accepted norms of behavior, invite employees of internal affairs agencies to clarify the circumstances and establish the facts of such violations;
- terminate the contract for the provision of temporary accommodation services ahead of schedule, without refunding the funds paid by the User for temporary accommodation, with simultaneous forced eviction from the Hotel premises;
- upon detection of smoking in rooms, as well as on the territory of the Hotel and complex, except for areas specifically designated for this purpose, a fine of 5,000.00 hryvnia shall be imposed;
- upon detection of the User, persons residing with him or his guests in a a state of severe alcohol and/or drug and/or toxic intoxication or under the influence of psychotropic substances, accompanied by a disturbance of public peace or signs of hooliganism, call the police and refuse further accommodation without refunding the amount paid for the reservation;
- upon discovery of the fact of storage without proper permits for storage or bringing weapons, explosives and flammable, corrosive, poisonous, narcotic drugs and other dangerous items and substances, call the police and refuse further accommodation without refunding the amount paid for the reservation;
- if a violation of public order, violation of the rules of stay at the Hotel, violation of the provisions of this Public Offer is detected, in case of systematic (2 or more) justified complaints from other guests of the Hotel about violation of their rights and freedoms, call the police and refuse further accommodation without refunding the amount paid for the reservation.
8. RIGHTS AND OBLIGATIONS OF USERS OF HOTEL ACCOMMODATION SERVICES
8.1. The user has the right to:
- use accommodation and additional services in the manner specified in this Public Offer and in the rules of stay at the Hotel, other documents of the Hotel;
- receive complete and accurate information about the hours of access to the Hotel premises, the cost of services provided on the premises of the Hotel.
8.2. The User undertakes to:
- unconditionally comply with the terms and conditions of this Public Offer;
- respect the rights of other Hotel guests;
- adhere to moral and ethical standards, refrain from using profanity in public areas of the Hotel;
- comply with the rules of staying at the Hotel, the rules for using the Hotel’s infrastructure facilities, and the regulations for accessing them, which can be found at the reception desk;
- Take care of the Hotel’s property. In case of loss or damage to property (including towels, bathrobes, dishes, furniture, various equipment, etc.) located on the hotel premises due to the User’s fault, the guest is obliged to reimburse the damage within 3 calendar days, but no later than the date of check-out from the Hotel, the amount of which is determined in accordance with the prices indicated on information to compensate for the damage, the amount of which is determined in accordance with the prices indicated on the information stands, in the consumer corner, menus, price tags, price lists, other information documentation of the Hotel and/or on the Hotel’s website, and in the absence of such prices, by a commission consisting of: the administrator, the employee of the Hotel reception desk on the terms of transparency and at the market value of the lost or damaged property;
- comply with fire safety rules and rational (economical) use of electrical appliances and equipment of the Hotel.
9. ACCOMMODATION OF CHILDREN. ACCOMMODATION OF PETS
9.1. For accommodation in a room of one child up to 2 years old inclusive, in excess of the established number of persons staying for the corresponding room category, no fee for temporary accommodation services shall be charged. Children aged 2 years and older shall be charged according to the price list.
9.2. The conditions for the admission and accommodation of groups of children accompanied by adults are regulated in each individual case by signing a separate agreement.
9.3. The Hotel allows the accommodation of pets (dogs and cats) of small size only, weighing up to 5 kg. The accommodation of larger animals is prohibited.
9.4. Animals are not allowed in the spa area/buffet line due to sanitary and epidemiological requirements.
9.5. For the accommodation of animals, the User shall pay the additional fee specified in the price list on the official website of the Hotel.
10. FORCE MAJEURE CIRCUMSTANCES
10.1. In the event of force majeure circumstances: floods, earthquakes, fires, which significantly affect the possibility of performing this Agreement, the parties shall be partially or completely exempt from fulfilling their obligations under this Agreement.
10.2. The user accepts the terms of the agreement during martial law and in the post-pandemic period of Covid-19, and therefore, in the future, in the event of circumstances such as: war, military action (regardless of whether war has been declared), armed invasions by foreign troops, actions by hostile foreigners, military rule or usurpation of power, uprisings by Ukrainian citizens against the usurpation of power by foreign troops, epidemics and pandemics, and other similar circumstances, these shall not be considered circumstances of force majeure.
10.3. In the event of force majeure circumstances, the Party affected by them shall be obliged to notify the other Party in writing no later than 3 (three) calendar days from the moment of their occurrence Party in writing no later than 3 (three) calendar days from the moment of their occurrence. The notification shall contain information about the nature of the force majeure circumstances and an assessment of their impact on the Party’s ability to fulfill its obligations under this Agreement and on the terms of performance of obligations, where possible. Subsequently, after receiving a certificate (conclusion) from the Ukrainian Chamber of Commerce and Industry on the occurrence of force majeure circumstances, the Party affected by these circumstances shall provide the original of such certificate to the other The party, within 5 banking days from the date of receipt of the certificate.
10.4. Failure to notify or untimely notification of the circumstances and consequences of force majeure circumstances, as well as failure to provide or untimely provision of documents confirming the occurrence of force majeure circumstances, deprives the Party of the right to refer to them in the future.
11. OTHER TERMS AND CONDITIONS
11.1. The following is prohibited on the hotel premises:
- inviting and bringing strangers into the rooms without the consent of the hotel administrators;
- giving the room key (card, bracelet, etc.) to third parties;
- store bulky items and objects in the room, except for suitcases (boxes, boxes larger than 100x 100 x 100 cm, bicycles, scooters, mopeds, etc.);
- move furniture and interior items;
- smoke in rooms and other areas not designated for smoking;
- disturb other hotel guests after 11:00 p.m. by making noise or causing a disturbance;
- store or bring weapons, explosives, flammable, corrosive, poisonous, toxic, narcotic substances, and other dangerous items. Users who have the right to carry and store weapons are required to notify the reception desk on the day of arrival, presenting the relevant permits;
- remove any interior items, dishes, furniture, equipment, or soft furnishings from the room;
- deliberately litter the Hotel premises with cigarette butts, trash, etc.;
- throw any objects or items from balconies or windows;
- use their own irons, electric heating devices, kettles, teapots, etc., which are not included in the room’s amenities, or light candles in the room.
11.2. In the event of more than two violations, or a single gross violation by a guest of the rules of conduct and/or obligations specified in sections 7-8 of this Public Offer, the hotel administrator has the right to refuse to provide the guest with further temporary accommodation services accommodation and, consequently, stay on the territory of the Hotel, with the mandatory drawing up of a corresponding report and, if necessary, with the involvement of law enforcement officers.
11.3. Users acknowledge the Hotel’s right not to provide temporary accommodation services to persons who:
- in the opinion of the administrator, are in a state of severe alcohol and/or drug and/or toxic intoxication or under the influence of psychotropic substances;
- without the consent of the administration and without the proper permits, store or bring weapons, explosives and flammable, corrosive, poisonous, narcotic substances and other dangerous items and substances;
- did not provide documents proving their identity;
- intend to check into a room with more people than the corresponding room category allows.
12. DISPUTE RESOLUTION.
12.1. In the event of a complaint, the User must provide: a complaint, a receipt (or similar document) to the Hotel, a document marked by the Hotel confirming the violation of the terms of service, documents confirming the actual damages. Complaints and all necessary documents shall be provided to the Hotel no later than 14 days from the date of completion of the service. All complaints shall be considered by the Hotel only if the Hotel was informed of the violation of the terms of service in advance so that it could be remedied within the next 12 hours.
12.2. The Hotel shall consider the complaint within 20 days.
12.3. Complaints submitted in violation of the requirements of the Public Offer (contract) will not be conside red.
12.4. If the dispute cannot be resolved through negotiations, it will be resolved in court in accordance with the established jurisdiction and venue of such a dispute in accordance with the current legislation of Ukraine.
FOP Kovtun Solomiya Ivanivna
Account number UA773052990000026003035509543
JSC CB “PRIVATBANK”
Actual address: Ukraine, 78593, Ivano-Frankivsk region, Nadvirna district, village
Polianytsia, Vyshnia tract, house 302