The representative of TM "BOBRITSA DACHA" - Private entrepreneur Tkachenko Bogdan Viktorovych, tax code 3436315175, registered in the Unified state register of legal entities and private entrepreneurs in accordance with the current legislation who is a single taxpayer (hereinafter – the "Contractor"), on the one part, and any person who took (accepted) this Contract (hereinafter - the "Guest"), on the other part, collectively - the "Parties" and individually – a "Party", concluded the Contract on rendering Hotel Services (hereinafter – the "Contract") on the following conditions: 1. GENERAL PROVISIONS
1.1. This Contract is concluded by providing the Guest with full and unconditional consent (Acceptance) to conclude this Contract in full, without signing a paper copy of the Contract by the Parties. The Guest accepts the terms of this Contract by ordering and / or paying for the Contractor's Services via the website www.bobritsadacha.com
through the websites of sales agents (www.booking.com
and others), emails, social networks, phone, etc. and / or directly at the Hotel while filling out the Guest registration card.
1.2. This Contract is legally binding for the Parties in accordance with articles 633, 641, 642 of the Civil Code of Ukraine.
1.3. Persons under the age of 18 are not allowed to order any Services on the site www.bobritsadacha.com
, as well as order Services in other ways.
1.4. The Guest confirms that he / She has read and agreed to all the terms of this Contract in full, including prices for Hotel and other Services, and the Hotel Rules, by Accepting this Contract.
1.5. Any of the following actions of the Guest are considered to be Acceptance of this Contract by the Guest:
– the fact of placing an Order for the Contractor's Services on the site www.bobritsadacha.com
- the fact of placing an Order for the Contractor's Services on the sales agent's website (www.booking.com
– the fact of payment for the Contractor's Services on the terms and in the manner defined by this Contract, on the relevant pages on the website www.bobritsadacha.com
and/or on the sales agent's website (www.booking.com
– the fact of a written (including in electronic form by e-mail, social networks, other means of electronic communication) or oral (including by phone) Order of the Contractor's Services;
- the fact of filling in the Guest's registration card directly at the Hotel.
1.6. The Guest agrees that he / she does not have the right to start making an Order without first reviewing this Contract. If the Guest has started making an order and paying for it, the Contractor believes that the Guest has fully read and agreed to the terms of this Contract.
1.7. If the Guest does not agree to the terms of the Contract, he / she has no right to use the site www.bobritsadacha.com
websites of sales agents (www.booking.com
and others) for booking rooms in the Hotel, and also does not have the right to order Services in any other way and use the Hotel and other Services provided by the Contractor under this Contract. 2. TERMS AND DEFINITIONS
"Acceptance" – the Guest's full and unconditional consent to enter into this Contract in accordance with its terms and conditions in full, without signing a written copy of the Contract by the Parties.
"Contractor" – a business entity, an individual entrepreneur who provides Services and whose details are specified in section 12 of this Contract.
"Guest" – any capable individual, legal entity, or individual entrepreneur who visited the site www.bobritsadacha.com
and accepted this Contract on the website and / or by filling out the Guest registration card directly at the Hotel, or ordered Services through the website to the sales agent (www.booking.com
"Hotel" - Hotel "Bobritsa Dacha", located at 77 Kozatska str., Bobritsa Village, Kiev- Svyatoshynsky district, Kiev region, 08142.
"Contract" – this Public Contract, a sample of which is posted on the website www.bobritsadacha.com
"Order" – the Order addressed to the Contractor and/or its employees / representatives / agents, duly executed electronic, written, telephone or oral request of the Guest to receive Services, a set of which is formed by the Guest by selecting the appropriate option based on the search results in the online booking system on the website www.bobritsadacha.com
and/or on the sales agent's website (www.booking.com
and others) or with the help of Hotel reservation managers.
"Services" - hotel and other services provided by the Contractor under this Contract.
. The Hotel rules make up an integral part of this Contract.
"Online booking and payment system" ("System") - the information system that contains information about sent Orders, availability of Hotel rooms, rates and rules of their application, as well as other Terms of service. The information in the System can be changed or supplemented at any time; besides, the Contractor does not provide any guarantees of the system's operability, reliability and correctness, and therefore the Guest is invited to use the System in the "take it or leave it" mode. 3. SUBJECT OF THE AGREEMENT
3.1. The Contractor shall, on the terms and in the manner specified in this Contract, grant Services selected by the Guest and the Guest agrees on the terms and in the manner specified in this Contract, to accept and pay for ordered Services in full respect of the Rules of the Hotel. 4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
4.1. The Contractor has the right to:
4.2.1. Process the Guest's personal data during the conclusion and execution of this Contract, as well as enter them into its own personal data database in accordance with the procedure established by the Law of Ukraine "On personal data protection" based on the consent provided by the Guest during the Acceptance of this Contract;
4.2.2. Make changes to this Contract and / or tariffs by publishing a new version and / or changes to them on the website www.bobritsadacha.com
4.2.3. Involve third parties in the execution of the Order, making and receiving payments under the Contract or for other needs of the Contractor to ensure the provision of Services, without the approval of such actions of the Contractor by the Guest;
4.2.4 Unilaterally suspend the provision of Services under this Contract if the Guest violates the terms of this Contract;
4.2.5. Other rights under the current legislation of Ukraine and this Contract.
4.2. The Contractor shall:
4.2.1. Comply with the terms of this Contract;
4.2.2. Provide the Guest with Services of proper quality according to the Order. 5. RIGHTS AND OBLIGATIONS OF THE GUEST
5.1. The Guest has the right to:
5.1.1. Place an Order for the Services offered on the corresponding page of the site www.bobritsadacha.com
or the sales agent's website (www.booking.com
and others), or by other means (including electronic form through e-mail, social networks, other means of electronic communication or orally (including by phone));
5.1.2. Require the Contractor to provide Services in accordance with the Order and the terms of this Contract;
5.1.3. Be aware of the location of the personal database containing his / her personal data, its purpose and name, location and/or place of residence (stay) of the owner or manager of personal data or give appropriate instructions on obtaining this information to authorized persons, except in cases established by legislation;
5.1.4. Receive information about the conditions for granting access to personal data, in particular information about third parties to whom their personal data is transmitted;
5.1.5. Access his/her personal data;
5.1.6. Receive no later than 30 (thirty) calendar days from the date of receipt of the request, except in cases stipulated by law, a response on whether his/her personal data is stored in the relevant personal data database, as well as receive the content of his / her personal data that is stored;
5.1.7. Submit a reasoned request to the owner of personal data with an objection to the processing of his / her personal data;
5.1.8. Make a reasoned request to change or destroy his/her personal data by any owner and administrator of personal data if this data is processed illegally or is unreliable;
5.1.9. Protect his / her personal data from illegal processing and accidental loss, destruction, damage due to deliberate concealment, failure to provide or late provision of them, as well as to protect against the provision of information that is unreliable or dishonors the honor, dignity and business reputation of an individual;
5.1.10. Submit complaints about the processing of his / her personal data to the state authorities and officials who have the authority to ensure the protection of personal data or to the court;
5.1.11. Apply legal remedies in case of violation of the legislation on personal data protection;
5.1.12. Make requests regarding the restriction of the right to process your personal data at the time of granting consent;
5.1.13. Revoke consent to the processing of personal data;
5.1.14. Know the mechanism of automatic processing of personal data;
5.1.15. Get protection against an automated decision that has legal consequences for him / her;
5.1.16. Other rights under the current legislation of Ukraine and this Contract.
5.2. The Guest shall:
5.2.1. timely and in full pay for the Order under the terms of this Contract by any of the payment options offered by the Contractor. In case of payment by bank card the Guest shall use only his / her own bank card;
5.2.2. Read the terms of this Contract, information about the Services, and the Hotel's Rules, which are posted on the website www.bobritsadacha.com
5.2.3. Follow the Hotel's Rules;
5.2.4. Fully compensate for the damages caused to the Contractor, property of the Hotel and/or other entities. 6. THE PROCEDURE OF REGISTRATION OF ORDER
6.1. The Guest independently places an Order on the website www.bobritsadacha.com
or the sales agent's website (www.booking.com
">www.booking.com and others) by selecting the appropriate accommodation option (Services), filling in personal information about the Guest, and clicking the "book" button (or similar actions on the site of the sales agent (www.booking.com and others), or by e-mail, via social networks, other means of electronic communication, phone call or in person at the Hotel.
6.2. The deadline for processing an Order by the Contractor is usually immediately in real time, except for Orders sent to the Contractor by email or via social networks (in this case, Orders are processed by the Contractor within 24 hours of receipt). 7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The Contract price is the price of all the Services ordered by the Guest, including all additional payments and charges under Hotel policies and legislation, as well as the cost of all other Services provided to the Guest during his stay in the Hotel (such as meals, bicycle rental, excursions, extra cleaning of the room, washing of personal things of the Guest like).
7.2. The Guest shall pay for the Services of the Contractor under this Contract in UAH. Payments in another currency are converted to UAH at the current exchange rate of the corresponding bank that performs the payment operation.
7.3. The payment for the Services shall be made at the Guest's choice by: a) payment by bank card; (b) bank transfer to the Contractor's current account; (c) cash payment directly at the Hotel.
7.4. The moment of payment for Services is considered to be the transfer of funds to the current account of the Contractor (when paying in cash-cash deposit to the Hotel's cash desk).
8.1. The Guest grants the Contractor (its legal successor) permission to collect, store, record, process (including automated) in any form on any media of their personal data:
- last name, first name and patronymic of the Guest;
- contact phone number;
- email address (e-mail);
- date and place of birth;
- data of the passport;
- images of the Guest, which are recorded by the internal video recording system on the premises, on the territory of the Hotel, and the surrounding area.
8.2. The Guest also provides his/her consent to receiving, processing and storage of the following data, including data that is automatically transmitted over the Internet during the visit to the website www.bobritsadacha.com
, viewing ad blocks, and visiting pages where the system's statistical script ("pixel") is installed:
- the Guest's Internet Protocol (IP) address;
– information from request markers (cookies);
- information about the browser (or other programs that accesses the site www.bobritsadacha.com
- access time;
- address of the page where the ad block is located;
- referrer (address of the previous page);
– purchase / order history, browsers and operating systems used by the Guest;
- geolocation (location) of the Guest during the visit to the website www.bobritsadacha.com
- details of the Guest's bank cards provided for payment of Services.
8.3. Disabling Guest access markers (cookies) may result in an inability to access parts of the website www.bobritsadacha.com
or other sites that need automation.
8.4. The Contractor (its legal successor) may use the Guest's personal data and other information provided / received for the purpose of:
- identification of the Guest, for making and executing the Order and concluding this Contract;
- providing the Guest with access to personalized sections of the site www.bobritsadacha.com
- setting up feedback with the Guest, including sending messages, requests for using the site www.bobritsadacha.com
, providing Services, processing Guest requests and orders;
- confirmation of the accuracy and completeness of personal data provided by the Guest;
- notification of the Guest about the current status of the Hotel room reservation (current status of the ordered Services);
- providing the Guest with effective customer and technical support for using the site www.bobritsadacha.com
and other means of communication between the Guest and the Contractor and / or the Hotel;
- providing the Guest with special offers of the Hotel, information about prices and events of the Hotel, sending Hotel news and other messages from the Contractor (its legal successor) and the Hotel, carrying out advertising activities;
- conducting market research, questioning the Guest's satisfaction with the Services provided;
– ensuring the safety of the Guest, other Guests and visitors of the Hotel, as well as its employees and contractors;
- prevention, detection and investigation of fraud, cyber crimes and other criminal activities.
8.5. Processing of personal data of the Guest is carried out without limitation of time, in any legal way, including in personal data information systems with or without the use of automation tools.
8.6. The Guest agrees that the Contractor has the right to transfer the Guest's personal data to third parties – banks, courier services, taxi services, postal organizations, telecommunications operators, etc. solely for the purpose of processing and executing the Guest's Order, as well as during the implementation of advertising activities by the Contractor (its legal successor) and/or the Hotel.
8.7. Some of the Services are provided by other persons (contractors) under contracts with the Contractor / Hotel, so such third parties may from time to time get personal data of the Guest to ensure the performance of contracts in compliance with all confidentiality requirements regarding personal data of the Guest.
8.8. The Contractor (its legal successor) has the right to provide personal information to the Guest at the request of the court or law enforcement agencies, as well as by its own decision, if it is necessary to comply with the requirements of current legislation, comply with tax and accounting requirements, and protect the property and interests of the Contractor (its legal successor) and/or the Hotel.
8.9. The processing of personal data of the Guest is permitted only for the purpose specified in this Contract by means necessary to achieve it, including obtaining original documents, making their copies, collecting, recording, systematization, accumulation, storage, clarification, updating, modification, use, transfer, provision, depersonalization, blocking, deletion and destruction.
8.10. The owner of the personal data database is the Contractor (its legal successor). The Owner's address: see clause 12 of this Contract. The contact phone number for the protection of personal data +380 (97) 924 77 77. Manager of the personal data database – there is no manager. There are no cross-border transfers of personal data. The location of the personal data database is as follows: "Bobritsa Dacha", 77 Kozatska str., Bobritsa Village, Kiev-Svyatoshynsky district, Kiev region, 08142. 9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. For non-performance or improper performance of their obligations under this Contract, the Parties shall be liable in accordance with the current legislation of Ukraine.
9.2. In case any Guest makes any damage to property of the Contractor, property of the Hotel and/or other persons, the Contractor prepares an act, which indicates: (a) what property was damaged / destroyed; (b) the estimated cost of compensation (damages), including the cost of repair / reconstruction of the property (if it can be repaired), according to the price list or according to the documented cost of the property or according to the current market price of the underlying property and the cost of repairs / restoration of the property (if it is repairable). If the Guest refuses to sign the act, the Contractor attracts other persons to sign it, who can attest the fact of damage to the Contractor's property, the property of the Hotel and/or other persons.
9.3. All disputes arising from this Contract or related to it shall be resolved through negotiations between the Parties.
9.4. If the relevant dispute cannot be resolved through negotiations between the Parties within 30 (thirty) days from the date of its occurrence, it is resolved in court in accordance with the procedural legislation of Ukraine. The law of Ukraine applies to this Contract. 10. FORCE MAJEURE
10.1. The Parties are released from liability for non-performance or improper performance of obligations stipulated in this Contract, if it occurred as a result of force majeure.
10.2. Force majeure in this Contract means any circumstances that arose against the will or against the will or desire of the Parties and that cannot be foreseen or avoided, including military actions, public unrest, epidemics, blockades, earthquakes, floods, fires, as well as decisions or orders of the state authorities and administration of the state of which the Guest is a citizen or resident, or the state of which the Contractor is a citizen or resident, as a result of which the Party (or Parties) has (have) additional duties, suffers (suffer) additional restrictions which make it impossible to continue full or partial execution of this Contract, and other actions or events that arise and exist outside the will of the Parties.
10.3. If force majeure circumstances last for more than 3 (three) months in a row, each Party shall have the right to refuse further performance of obligations under this Contract and, in this case, neither of the Parties shall be entitled to compensation by the other Party for possible losses. 11. OTHER TERMS OF THE AGREEMENT
11.1. Each Party guarantees to the other Party that it is legally capable and has all the rights and powers necessary and sufficient for the conclusion and execution of this Contract in accordance with its terms.
11.2. Unilateral modification of the terms of this Contract by the Guest or refusal to perform this Contract by the Guest after its Acceptance is not permitted, except in cases stipulated by this Contract. Neither Party to this Contract has the right to transfer its rights and obligations to third parties without the consent of the other Party, except in cases when the Contractor transfers its rights and obligations to its legal successor (the person who will provide Services in the Hotel instead of the Contractor).
11.3. The Contractor has the right, without the consent and notification of the Guest, to transfer its rights and obligations under this Contract to its legal successor based on the Contract or otherwise, for example, if a new Hotel operator is appointed instead of the Contractor.
11.4. The terms of this Contract may be changed by the Contractor at any time and come into force immediately after their publication on the site www.bobritsadacha.com
11.5. The place of Contract implementation: 77, Kozatska street, Bobritsa Village, Kiev-Svyatoshynsky district, Kiev region, 08142. 12. CONTRACTOR'S DETAILS
Private entrepreneur Tkachenko Bogdan Viktorovych
Enterprise code 3436315175
Address: 69/71 Lukianivska str., Kiev
Correspondence address: 77 Kozatska street, 77, Bobritsa Village, Kiev-Svyatoshynsky district, Kiev region, 08142
Receiver account: 26008052740711
Bank name: FILIATION "ROZRAKH.CENTER" JS CB "PRIVATBANK"
Bank sorting code: 320649