PUBLIC OFFER AGREEMENT

1. The preamble of the agreement

   Before using this website, we ask you to carefully read the terms which are set  below in the public offer agreement (further the “Agreement”). This Agreement contains important information about the use of the website, and important information and warnings about the provision of services that you may receive through the website. You undertake to familiarize yourself with this Agreement before each use of the website.

   If you do not agree with the terms which are set in the Agreement, you should not use the website and, if it’s possible, leave it.

• TERMS AND DEFINITIONS

2.1. “Agency”, “we” – WOW-PARIS located in France: 8 Allée des Peupliers, 78390 Bois-d’Arcy, France – the company which maintains the website, and owns property and non-property rights to the website, and which has rights and obligations under this Agreement. “Agency” may also mean, collectively or individually, the partner companies or other affiliated persons authorized to provide services under this Agreement and authorized to accept payments for services from clients.

2.2. “You”, “Client”, “User”, “Buyer”, “Passenger”, “Tourist” is an individual who uses the website and/or makes a Reservation in accordance with the conditions specified in this Agreement and is a party to this Agreement and/or of the contract for the provision of Services with the relevant Service Provider.

2.3. “Website” is a publicly accessible website owned by the Agency, open for free visual inspection by any person, located on the Internet at https://wow-paris.com, together with all pages, subdomains and software, which provides:

• displaying information for Users about the Services;
• provision of the technical possibility of creating a Booking / Order through the Booking System available on this website, in accordance with the terms of the Agreement.

2.4. “Acceptance of the offer” is the response of the website User to accept this Agreement by taking the following actions:

• continued use of this website (access or repeated access to the website), and/or registration/authorization on the website, and/or creation of a Reservation or order of Services.

   Acceptance of the offer means full unconditional and without any changes acceptance by the User of the conditions which are set in the Agreement. Acceptance of the offer generates legal consequences for the parties in accordance with the conditions specified in the Agreement.

2.5. “Orderings”, “Reservations” are properly created requests on the website for services independently selected by the Client, which provides for the confirmation of the selected service for a specific individual (or persons) and is confirmed and accepted by the Agency. Any Order / Booking will be considered accepted by the Agency only after receiving confirmation of payment for the service from the Client and sending a proper confirmation from the Agency to the Client. The order may require prepayment or full payment at the time of its creation, or payment within the period set aside after its confirmation. An unpaid Order means that it is reserved for a certain period of time and during this time it can be sold only to the Client who created it taking into account the terms of this Agreement. An unpaid Order/Reservation is canceled after the deadline for its payment has expired.

2.6. “Website’s services” — Services that are available for ordering on the website.

2.7. “Service” is a set of actions provided to the Client by the Agency/Service Provider after their payment. The scope of the Service and the start of its provision are chosen by the Client independently when creating a Reservation from the options offered on the website.

2.8. “Additional Services of the Agency” is a set of actions provided directly by the Agency and includes: displaying information on the website for Users about touristic services, permits and other services; provision of the technical possibility of creating an Order for Services through the Booking System available on the website, in accordance with the terms of the Agreement; provision of additional opportunities during the purchase of Services or at the stage of return/cancellation of the Reservation. The scope and cost of the Agency’s Additional Services are notified to the Client at the time of Booking or its change/cancellation and in the terms of use of each individual Service of the website. Payment of the cost of Additional Services may be a component of the cost of the Services, which is payable by the Buyer at the same time as ordering the Service, or specified separately for each Order.

2.9. “Online ticket”, “online voucher”, “ticket”, “certificate” is an online digital document/form that: contains a complete set of data about the Service; depending on the selected service, may display the identification data of the seller, the Agency, the Service Provider, the Buyer and third parties; certifies the purchase of the Service or its Booking; confirms the right of the persons specified in the document to use the Service; obligates the Service Provider to provide the Service. Such an online digital document is created by the Agency, or directly by the Service Provider, and sent as an online document to the Client’s e-mail.

2.10. “Booking System” is an information system that contains information about the full list of Services available for Booking and purchase on the website, their essential conditions, including the cost.

2.11. “Service Provider” is a person who acts as a direct seller of the Service or provides tourist service, leisure and other Services available on the website. The service provider can be both the Agency itself and another person who acts as an intermediary for the provision of Services on the terms of partnership / agency / sub-agency and other contracts with the Agency.

2.12. “Fare Rules” are the terms and conditions of the Service Providers, according to which the reservation, purchase, use, cancellation, change and/or return of the relevant Service is carried out and which are mandatory for familiarization, agreement and implementation by the Users.

2.13. “The payment system” as a payment organization, participants of the payment system and the set of relationships that arise between them during the transfer of funds from Buyers for services available for purchase on the website to the account of the Agency / Service Provider. “The manager of the payment services” means a clearing institution, a processing institution and other people who are authorized to provide certain types of services in the payment system or to perform operational, informational and other technological functions in connection with the transfer of the Buyer’s funds for purchased services on the website, who possess the necessary licenses and permits for transfer of funds and operate on the basis of a contract with the Agency/Service Provider.

3. GENERAL CONDITIONS OF THE AGREEMENT

3.1. Subject matter of the agreement. The subject of this Agreement is the Agency’s provision of booking, registration, sale of Services and provision of other Additional Agency services using the technical capabilities of the website.

3.2. The fullness of the Agreement. This Agreement, as well as any policies and notices of the Agency (which are related and may arise on the basis of the terms of this Agreement, will be available on the website or sent in electronic messages) both during the creation of the Order/Reservation and at any other times, constitute a complete agreement between you and the Agency regarding the use of the Site, the creation of Reservations / Orders of Services and the ordering of Additional Services.

3.3. Acceptance of the Agreement. If you (and) continue to use this Site (access or re-access the website), and/or (and) register on the Site, and/or (and) create a Reservation or order Additional Services, you:

3.3.1. Unconditionally, completely and without any changes accept the conditions which are  set  in this Agreement, you accept the offer and understand the consequences of using this website;

3.3.2. Confirm that you are familiar with the terms of this Agreement and give your consent to act accordingly, you take into account these terms when using the website and creating Orders and in case of violations of the specified terms, you agree that the Agency has the right to take all necessary measures to eliminate the violations and protect its violated rights accordingly to the terms of this Agreement and provisions of applicable legislation;

3.3.3. You consent to the collection and processing of your personal data in accordance with the terms of personal data protection (privacy policy);

3.4. Changes the terms of the Agreement. The Agency may, at its own discretion, amend the terms of this Agreement from time to time. The Agency will publish changes on this website, indicating the date of the last revision of this Agreement. The Agency has no obligation to notify you of changes to the Agreement other than by publishing them on this website. Changes become effective after the date of publication of the Agreement with the corresponding changes on the website. You undertake to independently and regularly check for updates to the terms of the Agreement and its latest version. You understand and agree that your express acceptance of this Agreement and/or use of this website after the date of publication of the changes shall constitute your full and unconditional acceptance of the amended terms of the Agreement. If you do not accept the changed terms of the Agreement, you must stop using the website.

3.5. The Agency, also may provide the possibility of Booking/Ordering Services on the website under the terms of partnership, agency, sub-agency and other agreements with Service Providers. In this case, when creating a Booking/Order on the website, you enter into direct contractual relations with the Service Providers. From the moment you place the Booking/Order, the Agency will act as an intermediary between you and the relevant Service Providers. The Agency only transmits the details of your Order and the Agency is not a supplier or co-supplier of the ordered Services, cannot influence the terms of service provision by their direct executor, and is not responsible in case of violation by them of the terms of service provision. The Service Providers who provide travel, permit service and other Services and which are available on the website, also are independent contractors and are not agents or employees of the Agency. Full responsibility for the provision of Services lies directly with the Service Provider. Additional Services of the Agency are provided in accordance with the terms of the Agency’s work defined in the Agreement and create legal relations directly between you and the Agency.

3.6. In some cases, this website may be used as a technology platform, marketplace and/or advertising platform for third-party services. In such cases, the Agency acts only as the operator of the Website and under no circumstances is an agent of such external partner whose services are available through the Website, and is not responsible for its actions or inactions. These service providers operate under a separate service agreement. The Agency may act as an agent of the Client and facilitate the booking of third party services on behalf and at the direction of the Client, resulting in a contractual relationship directly between the Client and such third party Service Provider, such relationship being governed solely by the agreement between the Client and such provider.

4. TERMS AND CONDITIONS OF USE OF THE SITE AND PROVISION OF SERVICES

4.1. Terms and conditions for using the website. If you continue to use this website, you agree to the following mandatory rules regarding the use of the website:

4.1.1. You are an individual who has reached 18 (eighteen) years of age, possesses full legal capacity and legal capacity and has the right to enter into contractual relations with the Agency / Service Providers and third parties, in accordance with the terms of the Agreement.

4.1.2. You agree to use the website exclusively for your personal needs, not related to the implementation of business activities, and in accordance with the terms of the Agreement and the violations of current legislation.

4.1.3. You agree to create a Service Order and use the Services on the terms of this Agreement and the information received on the basis of this Agreement.

4.1.4. You agree and acknowledge that any information on the website, the website Services and the Booking System are provided to you on an “as it is and as it is available” basis. You agree that you independently and consciously make a choice of services and are responsible for all your actions and inactions based on the information posted on the website, as well as information provided by the Agency. Before making any decisions, you undertake to independently study all available information about the Services (including those that refer to external sources of information).

4.1.5. Your personal information. You confirm that all information provided by you on this website, including information provided during registration/booking/payment is reliable, accurate, current and complete. You confirm that all information about third parties provided by you when creating an Order is reliable, accurate, current and complete. You undertake to check the correctness of personal information before confirming the Order and paying for it. You are fully responsible for the information which is submitted by you to the Booking System for the purpose of creating an Order and paying for it. The information you provide to receive Services / Additional Services of the Agency, including personal and other data of the Client / Recipient are filled by you yourself.

4.1.6. Reviews. You confirm and agree that reviews left by you on the website or sent to the Agency’s address or left by you on any web resource, in any social networks directly or indirectly related to the Agency, may be publicly available and published on the website , any other web resource, in any social networks on your behalf for the purpose of informing other people about your opinion regarding the used Service/Additional Service of the Agency. You are fully responsible for posting reviews and must not indicate in them: your personal information or personal information of third parties; abusive language or information that violates public order or the rights of others; information in violation of intellectual property rights or obtained illegally; advertising and marketing materials of third parties, invitations to participate in loyalty programs and other incentives. Feedback left on the website can be considered a survey. Publication of reviews or their removal is the decision of the Agency.

4.1.7. Electronic means of communication. You consent to the use of electronic means of communication, including, but not limited to: (i) email and (ii) text messages ( here and further includes collectively or separately: text messages, push messages, viber messages or messages other type or method of transmission to the phone number specified by you on the website) in the process of using the website, providing access to the website, creating an Order and receiving information about services, as well as for electronic delivery of messages (e-mail, SMS messages) related to the use website, Order of Services or Additional Services of the Agency. In order to correctly create an Order and receive Services or Additional Services, you need to enter a correct (truthful)  e-mail address and a correct (truthful) mobile phone number. You are fully responsible for providing such data.

   The Agency is not obliged to check and is not responsible for any incorrect or misspelled e-mail address, or incorrectly specified mobile phone number, or settings of your mail service (spam filters, etc.), and accordingly, for your failure to receive notifications about the created Booking or ordering Additional Services of the Agency.

   Making changes and correcting errors in the e-mail address or mobile phone number (if it is technically available on the website) is carried out by the User himself or, if possible, by the Agency’s customer support service in accordance with the User’s request and his identification.

   In case when the Agency sends letters, messages, notifications to the incorrect (or incorrectly written) e-mail address / mobile phone number specified by you when creating the Order / registration on the website, you bear full responsibility, including legal, and risks related to the possible consequences of using the wrong e-mail address / wrong mobile phone number, including the actions of third parties.

4.1.8. You agree that the Agency may monitor and record telephone calls received by the Customer Care Service and conduct selective audits of electronic correspondence to ensure the appropriate level of service and professional development of personnel and the fulfillment of obligations or exercise of rights provided by this Agreement, and as well as the use, realization and protection of their rights and interests related to legal relations arising on the basis of this Agreement.

4.1.9. You can send all your questions, comments, suggestions, feedback and claims to the Agency by all available means of information support of the website. The Agency does its best to respond to you as soon as possible, but in any case no later than 30 (thirty) working days from the moment of receipt of the request.

4.1.10. Political legitimacy of electronic messages and data of the Booking System. You agree and confirm that (i) all communications sent to You by electronic means of communication through the website, or by Customer Support in accordance with Your request (or in another way agreed by the Parties) are equivalent to communication on paper media; and (ii) all electronic and system data stored in the Agency’s Booking System, together or separately, are binding, proper and sufficient evidence in the resolution of possible claims/disputes arising from or in connection with the performance of this Agreement.

4.1.11. Actions on behalf of third parties. You undertake to use this website and the services available through the website only for yourself personally or for other individuals on whose behalf you have the legal right to act and acquire the corresponding rights and obligations. You  confirm that such other individual has authorized you and you have the legal right to select and purchase Agency Services/Additional Services on their behalf, and to consent to the processing of their personal and payment data necessary for the Order and use of services.

   You undertake to inform such individuals in a timely manner fully and by the time of making the Booking, about the terms of this Agreement, which are specified in it, including all the Rules of Provision of Services and restrictions that may be applied to them, regarding the order, purchase and use of selected services. Responsibility for the consequences caused by such non-notification, as well as for the actions of individuals caused by such non-notification, is borne solely by the Buyer.

   Before making a Booking on behalf  and for the benefit of such individuals, you undertake to inform them that they are not a party to the transaction between you and the Agency in accordance with this Agreement and have no right to present any financial claims to the Agency, lawsuits and other complaints related to the services ordered by you using this website.

   Such individuals must be notified by the Buyer and give their full and unconditional consent that all communication regarding the ordered services will be through your email/mobile phone number. You undertake to immediately and fully notify the persons on whose behalf you act of any changes/cancellations relating to the ordered services and of any information regarding the ordered services received by you by e-mail or sms message, or in another agreed way. Responsibility for the consequences caused by such non-notification, as well as for the actions of such individuals caused by such non-notification, will be taken by the Buyer.

4.1.12. Agreement with the Service Provider. You agree that all contracts for the provision of services by Service Providers, information which is available on the Site Services, are concluded by you directly with the Service Providers. You agree and fully understand that under no circumstances is the Agency a party to any such agreement entered into between you and the Service Providers. If you do not agree to the Service Providers’ Terms of Service, you should not create a Service Order. By agreeing to the specified conditions, you bear full responsibility for compliance with the Rules of Provision of Services of your chosen Service Provider and undertake, including but not limited to: to comply with the terms and conditions of the purchase of Services, to pay all necessary funds in full at the appointed time and in accordance with the established tariffs, taxes, fees, rules and restrictions of the Service Provider, terms of cancellation, return and modification of the Order.

4.1.13. Changes of information on the website. The Agency has the right at its discretion, at any time: to add new and/or reduce existing Agency Services, Service Providers, Additional Services, website Services, and functionality; change the design; rules for conducting loyalty programs; add/reduce payment methods available for paying for Orders on the website; make changes to the cost of the Services; to set and/or make changes in the amount of Service Fees and the cost of Additional Services charged when registering, purchasing, canceling, changing, returning Services, changing the cost of Additional Services. The website may contain certain inaccuracies and outdated information which is not current and is provided for reference only.

4.1.14. Error corrections. The Agency reserves the right to correct any errors (including financial information) on the website and in the created Orders (paid and unpaid). If the cost of the Services was incorrectly stated in your Order, you will be prompted (if possible): (i) to amend the Order by replacing the incorrect (not truthful) cost of the Services/Additional Agency Services with the correct (not truthful) cost; or (ii) cancel the Order without penalty.

4.1.15. Illegal and fraudulent actions. You undertake not to use any software designed to damage the website’s infrastructure, disrupt its timely and proper functioning; violate the restrictions of any HTTP header of the website’s address bar, attempts to intercept any data and personal information processed by the website; performing actions that cause an excessive load on the website infrastructure, monitoring, automated extraction of information or copying of any data and information from this website, making a “frame”, “mirror”, or otherwise interfering with the operation of the website by any means, and for any purpose.

You confirm and agree that the terms of use of the website prohibit the creation of multiple accounts at the same time, intentionally distorting personal data, impersonating another person, creating fictitious Reservations or Orders, etc. Any fraud (attempted fraud) regarding the use of the website and payment by payment cards on the website is investigated and the guilty parties are prosecuted in accordance with the requirements of local and international legislation.

4.1.16. Restriction of access to the website. You agree that the Agency has the right, at its discretion, to deny anyone access to this website, to create an Order for Services, to suspend access to the website and ordering services by blocking access to the website and/or deleting an already created account in order to carrying out planned and unplanned technical and preventive works, or in case of violation by the User of the terms of this Agreement at any time and for any reason, without explanations and prior notices.

4.2. Terms and conditions for ordering Services.

4.2.1. Compliance with the rules for the provision of Services. By creating the Order, the Buyer and the persons specified in the Order are familiar and agree to all the terms of this Agreement, the Rules for the Provision of Services, the fees of the Agency / Service Providers, which apply to the selected Services. Any violation of any terms of this Agreement, as well as the Rules of Provision of Services or Additional Services of the Agency may lead to the cancellation of the Booking; denial of access to purchased services, without refund of funds paid for them; the pre-payment you have made, without refund; compensation at your expense for all damages incurred by the Agency or the Service Provider as a result of such violation in accordance with the terms of this Agreement.

   Placing the appropriate mark (“check mark”) in the special field of the dialog box when creating the Order is sufficient proof of the fact of familiarization with conditions and agreement with the conditions listed in this Agreement, including sufficient proof in any type of legal proceedings. Creating an Order and placing the corresponding mark (“check mark”) nominally, wichis, without actually familiarizing yourself with the conditions listed in this Agreement, may lead to adverse consequences for the Buyer. Placing the appropriate mark (“check mark”) in the special field of the dialog box when creating the Order about familiarization with and agreement to the terms of this Agreement is an unconditional and integral process of creating the Order. In any case, the Agency recommends that before placing an Order, you familiarize yourself with all the terms of this Agreement, the Rules for the provision of Services, the Rules of the Service Provider, the terms of the Service fees, etc.

4.2.2. Choosing the services. All stages of creating an Order: choosing the range and type of services, choosing routes and dates, accommodation conditions, entering the data of the Buyer (Customers on whose behalf / for whose benefit the Order is created) and choosing payment methods are exclusively independent and conscious choices of the Buyer. The information entered by the Buyer during the creation of the Order is automatically recorded in the Booking System for further confirmation of the Order and provision of services.

   Please note that the Agency’s services do not provide for the delivery of Clients to the place of provision of the Services specified in the Buyer’s Order (namely, the booking and sale of bus, train or air tickets is not provided for), unless otherwise expressly provided for in the Order created in the Booking System

4.2.3. The change of terms of service provision. All offers, prices, types and conditions of provision of Services, as well as the Rules of Provision of Services may be: changed without notice to the Buyer, limited/available by time, availability of places and terms of the previous Order, dates of travel, terms of minimum or maximum stay at the destination, the matter of the weekends and holidays, seasonal price fluctuations, waiting lists, as well as strikes and temporary inoperability of reservation systems and/or may change under the influence of other changes, conditions and restrictions. The Agency undertakes to inform you about changes in the conditions, scope and list of services or about the impossibility of performing the paid service fully or partly only on the condition that such information is received from the Service Providers by sending messages to an e-mail or a mobile phone number. In case of non-receipt of the specified information from the Service Providers, the Agency is released from responsibility to the Users.

4.2.4. The begining of using (receiving) services. Customers are obliged to arrive on time (for example, no later than the time set by the Carrier/Service Provider) to the place of provision of Services and bear own responsibility for non-appearance or lateness to the place of provision of Services or inability to use the Service due to non-compliance with the terms of this Agreement or the Rules of Provision of Services.

4.2.5. Compliance with customs and border norms and appropriateness of documents for the use of services. Clients are fully responsible for: preparation, availability and correct issuance of visas and documents necessary for crossing the border; timely provision of passport, visa and other data to the Agency, if required by the Agency or the Service Provider.

   Customers confirm that they are familiar with and undertake to independently fulfill all the requirements of the country of departure, transit and following, including requirements for foreign passports and other formal documents, including conditions on the maximum validity period of a foreign passport, necessary for obtaining a visa and in traveling to the country; preparation of documents required upon departure: the need to apply for visas, purchase a return ticket; compliance with other requirements necessary for entering the country (availability of medical insurance, need for vaccination, confirmation of sufficient funds, availability of a return ticket, etc.); the need to prepare documents for the entry/exit of minor children under the age of 18 (eighteen); the need to draw up documents for the transportation of animals and plants, and the conditions for their placement at the place of provision of Services; permits for transportation of equipment, musical instruments, weapons, artistic values, and other permits and approvals.

   The Buyer and Passengers confirm that they are familiar with the features and rules of customs and border norms; baggage transportation rules; as well as with the rules of behavior in France and undertake to comply with all such rules.

5. GENERAL RULES: ORDER. PAYMENT PROCEDURE

5.1. General rules. Order

5.1.1. While making an Order on the website, the Buyer is obliged to provide his personal information, as well as the personal information of the Clients, if it is necessary for the specifically selected Service:

• last name, first name;
• e-mail address;
• mobile phone number;
• other data that are necessary for ordering and using the Services.

The list of information which is  required to create an Order on the website may be changed by the Agency at its discretion.

5.1.2. Customers whose personal information is specified in the Order do not correspond to the information in the identity document may not be allowed to receive the Service.

5.1.3. When placing an Order, you must fill in all the fields marked as “required” in the Booking System.

5.1.4. While creating an Order, the Booking System may offer you to order Additional Services of Service Providers and/or Additional Services of the Agency. In this case, while creating an Order, the Booking System will automatically place appropriate marks (“checkmarks”) next to the Service Provider’s additional service and/or next to the Agency’s Additional Service, which may be useful and of interest to you. While creating each Order, you are obliged to check the presence of appropriate marks (“checkmarks”) and, if possible, familiarize yourself with these Additional Services. If the additional services of Service Providers and/or Additional Services of the Agency offered by the Booking System are not relevant for you, you are obliged to independently remove (uncheck) such marks (“checkmarks”) when creating an Order before paying for it. In the event that the additional Services of the Service Providers and/or Additional Services of the Agency offered during the creation of the Order by the Booking System were not relevant for you, but you did not independently remove (uncheck) such marks (“ticks”) when creating the Order until the moment of its payment, then the Additional Services of Service Providers and (or) additional Services of the Agency offered by the Booking System will be considered relevant for you and will be included in the Order with the further payment.

5.1.5. Change of personal information in the Order. Please note that changing the personal information of any of the Clients in the completed Order (including correcting errors), changing the date, etc. may lead to the loss of the fees agreed upon in it, according to which a specific Service was paid, as well as to various types of extra fees. A change in the Customer’s personal information in the Order may be the reason for returning tickets under this Order and issuing new tickets at a new price. When making changes to the created Order, the Buyer assumes all possible risks, including, but not limited to, loss of value/change in the fees according to which the specific Service was paid, return of the ticket, payment of the Service Fee in connection with making changes to the Order, the need to make various types of surcharges, sanctions/fines, creating a new Order, returning paid funds, converting currencies when returning paid funds, etc. Please be careful when filling out the data when ordering. The Agency does everything possible to verify the information entered by you during the Order, but does not bear and cannot bear responsibility and related losses for incorrect, incomplete or inaccurate filling of personal and other data of the Clients.

5.1.6. The confirmation of the Order. All confirmed Orders and their status are available for viewing in the “My Ticket” section. We recommend that you refresh your browser page every time after completing the selected action on the website in order to receive up-to-date information about the status of your Order.

   After your Order has been processed by the Booking System, you may be notified of its status by e-mail and/or mobile phone at the option of the Agency or Service Provider.

   The Order is considered confirmed by the Agency in a proper and complete manner: (i) from the moment information about the paid Order or confirmed Booking is displayed on the website, and the possibility to download an online digital form of the paid Order or confirmed Booking (for example, an online ticket, an online voucher, a ticket , booking form) or (ii) sending the corresponding confirmation and/or sending an online digital form of the paid Order or confirmed Booking to the Customer’s email or mobile phone number.

5.1.7. The online digital document/form for the selected type of Services is sent to the Buyer to his e-mail address specified when placing the Order or provided in another specified way (notified to the Buyer by sending a message to his e-mail or mobile phone number). The online digital document for the selected type of Services certifies the purchase of the Service or its Booking and confirms the right of the persons specified in the document to use the Service from the selected Service Provider. The Agency has no obligation to send any online and digital documents until full payment is received from the Buyer, if such payment is provided for the selected Service.

5.1.8. Discounts and special offers. Special offers, discounts are clearly indicated and must be applied in accordance with the rules and validity periods specified. If the Service provides for the receipt of a discount for persons assigned by the Service Provider to the relevant age category (“child” and/or “infant”, the age of the child and the infant must correspond to the age categories (“child”, “infant”) established by the relevant Service Provider on the date ending the use of the Service. The Client’s age must be confirmed by an appropriate document (passport/child’s birth certificate/other identity document). The requirements for the type and form of the document are established by the rules of the Service Providers.

5.2. General rules. Payment.

5.2.1. The choice of payment method and payment data. The Buyer independently chooses a method of payment for the Order that is convenient for him among the possibilities for this Service and type of Service and is available on the website at the time of payment. Methods and ways of payment which are not provided  and are not listed on the website for making and confirming payment are not accepted. When choosing a payment card, the Buyer indicates information related to payment cards, namely: card number, validity period, CVC/CVV code and name of the payment card holder and gives consent to the Agency / Service Provider / Payment System for processing your personal information and payment data, by transferring funds for the selected Service. The Agency has the right to provide you with one or several payment methods for the Order. The Agency has the right at any time and at its discretion to change / remove any payment methods on the website without the obligation of any notifications and amendments to this Agreement.

5.2.2. Authorization to process a payment transaction. Having chosen and confirmed the way of payment for the Order, the Buyer authorizes either the Agency (its partners or affiliated persons) or the Service Provider / Payment System to debit from the payment card / bank account indicated by him through the selected payment method the full value of the Order indicated on the Site, including Service Fees, commissions, relevant surcharges for the transfer of funds, the amount of possible conversion and exchange rate difference, which will be applied to the payment of the indicated Order, and you also authorize the indicated persons to use your payment and personal data for (i) the purchase of the Services ordered by you, (ii) the processing of refunds , if necessary, and (iii) for other purposes necessary to fulfill the terms of this Agreement and your Order. You fully understand and agree that at the time of payment of the Order, the Agency does not know the amount of additional costs for processing payment transactions.

   The Agency has the right to request from you, and you undertake to provide a bank statement to resolve disputed financial issues related to the payment of the Services / Order / Agency Services, with a refund in connection with the refusal of the Services / Order / Agency Services, as well as to resolve other controversial financial issues.

   If you choose any of the methods of payment for the Order, you acknowledge the fact that the Agency, after receiving the funds to pay for the services, transfers the specified funds to the relevant Service Provider, and is not the owner of the specified funds.

5.2.3. Sufficient funds for payment. At the time of confirmation of the Order using a payment card / bank account, the Buyer must have sufficient funds to fully pay for the Order, taking into account possible additional costs related to payment processing, currency conversion or exchange rate difference, the balance on the payment card must be sufficient to cover all additional costs. The Agency is not responsible for the cancellation of the Booking and the costs which appear further due to insufficient funds on the Buyer’s payment card / bank account.

5.2.4. Payment transactions. During the creation/registration of the Order, the funds on the payment card may be blocked with their subsequent debiting. Debiting funds from the payment card can be done by the Agency or the Service Provider in one payment or in several payments (for example, for each ticket separately, when booking several tickets/hotel rooms at the same time, or for each service separately, when ordering several services at the same time). Funds can be debited both at the time of creation of the Order and within 30 (thirty) days or more after confirmation of the Order in accordance with the rules of the Service Provider. The Buyer undertakes to take all measures so that the withdrawal of funds from the payment card is possible and available at any time by the Agency or the Service Provider (for example, all restrictions and limits of the issuing bank for payment must be removed by the Buyer before the actual withdrawal funds from the account).

5.2.5. Verification of payment transactions. The owner of the payment card is obliged to use it in accordance with the requirements of the law and the terms of the contract concluded with the issuing bank, and to prevent the use of the payment card by persons who do not have the legal right or authority to do so.

   The Agency/Payment System reserves the right to deny you the provision of Services or additionally request copies of the payment card holder’s documents if there are sufficient grounds to believe that the payment card transaction may be dubious/fraudulent. In order to verify the owner and his/her authority to use a payment card to pay for Services on the Site, the Agency/Payment System may request from the Buyer: a copy of the first and second pages of the passport; a copy of the payment card on both sides (the first six and last four digits of the card number must be clearly visible, the CVC/CVV code must be closed).

   You undertake to send the specified copies of documents by e-mail in the size and type according to the Agency’s requirements, upon request and within the terms established by the Agency/Payment System. If the requested documents are not provided on time, or if there are doubts about their authenticity, the Agency reserves the right to cancel the Order without giving reasons. The paid value of the Order is returned to the Buyer’s payment card, and the funds that were blocked on the Buyer’s card are unblocked.

5.2.6. Currency. Transactions between the Agency and the Buyer are made in Euros. Transactions between the Buyer and the respective Service Providers are carried out / processed in accordance with the settlement rules established by them / the issuing banks. In this case, the currency of debiting funds from the Buyer’s account may differ from the currency specified on the website. By creating a Reservation, you agree that you have been notified of the terms of formation of the value of the Order, the currency of debiting funds from the account and the terms of payment, and you unconditionally accept the specified conditions.

5.2.7. Additional costs for processing payment transactions. The buyer bears full and his/her own responsibility for all commission costs, amounts of possible conversions and exchange rate differences and other specified costs that may be added to the cost of the Order by the issuer of the payment card / payment system, operator of payment infrastructure services. The Buyer undertakes to familiarize himself with the rules, fees and commissions of the bank, currency exchange and conversion rates that may be applied to the payment of the Order on the website. You accept and agree that the Agency does not reimburse Buyers for expenses in cases of additional conversions and exchange rate differences, as it does not take part in the formation of the policy of interaction between participants serving payment transactions from the moment of its formation until the funds are debited from the Buyer’s account, as well as during the crediting of funds to the account as a result of the return of documents confirming the Service. Before paying for the Services, the Agency recommends that you contact a qualified specialist of the issuing bank of your payment card to obtain information about all the details of your payment transaction.

5.2.8. Currency conversion and bank fees during payment: In accordance with the rules of operation of some Service Providers, a request to debit the value of the Order from the Buyer’s payment card may come from banks located outside the country in which the Booking is made. The issuing bank of the bank card may consider the Booking as an international transaction, as the debit request may be made by foreign Service Providers / Carriers. The currency exchange rate and the amount of the international transaction fee are determined individually by the Buyer’s issuing bank on the day it processes the transaction. Please note that the date of processing of your payment transaction may differ from the date of payment on the website. If the Booking is made outside the country in which the bank card is issued, or the currency of the payment is different from the currency of the payment card, the bank may convert the payment amount into the local currency, remove the currency exchange fee and charge the international transaction fee. Therefore, the amount shown on the payment transaction confirmation report may be in local currency and this amount may be different from the amount shown on the final payment page for the Booking on the website. Currency conversion and bank commissions may occur both at the payment stage and at the refund stage when canceling / canceling the Booking.

5.3. General rules. Reimbursement.

5.3.1. The Client has the right at any time before the start of the services provided in the order paid for by the Client, to cancel such Order by sending a written request to the Agency.

5.3.2. If the Client refuses the paid Order, the Agency has the right to charge him a commission as compensation for the cost of providing the services provided for in the Order. The client agrees that the amount of such commission is:

• for cancellation of the tour within 30 days before the start of the trip — 30% of the total cost of tourist services;
• for cancellation of the tour within 29-11 days before the start of the trip — 60% of the total cost of tourist services;
• for cancellation of the tour within 10-4 days before the start of the trip — 80% of the total cost of tourist services;
• for cancellation of the tour within 3-1 days before the start of the trip — 100% of the total cost of tourist services.

In this case, the amount of funds will be returned to the Client, but with the difference between the amount paid by the Client for the Order and the amount of the commission charged to the Client in favor of the Agency for rejecting the paid Order.

5.3.3. Refund of the funds paid for the Order to the Client is always by the Agency within 30 calendar days from the moment of receipt of the relevant request from the Client.

5.3.4. Funds are returned in non-cash form by transfer according to the payment details specified by the Client in the request for their return. At the same time, the Client is responsible for the correctness of the payment details specified by him for the refund.

6. LIMITATION LIABILITY

6.1. The Agency does not guarantee constant, error-free, accurate, timely protected operation of the website. The Agency does not guarantee and does not ensure and does not bear any responsibility for a constant and error-free connection and connection to the Internet, does not guarantee and does not ensure the quality of various public communication channels, telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of e-mail or communication services through which the User accesses the website, orders Services, or contacts the Customer Support Service, and if, due to poor communication, a failure occurred when choosing services, registration and/or payment of the Order or provision of other information.

6.2. Under no circumstances  the Agency bear responsibility,or doesn’t  provide any compensation for damages and does not make compensations in case of: the User’s ignorance or non-compliance with the terms of this Agreement, and not familiarizing himself with the specifics of the provision of Services or Additional Services; in case of negligent attitude of the Client to security measures and protection of his personal, payment or other data; for non-delivery by communication systems and untimely reading / or non-reading by the Client of electronic or sms messages sent by the Agency / Service Provider / Payment system and related to the use of the Site and the Order of Services or Additional Services; in case of impossibility of fulfilling the assumed obligations due to unreliability, inadequacy and untimely provision of information and documents provided by the User, or violation by the User of the terms of this Agreement; if the Clients, for any reason, do not have properly executed documents required for receiving the Services and specified in this Agreement or by the Service Provider; for the actions of third parties, including, but not limited to, the actions of: customs and immigration authorities and for restricting the Passenger’s right to enter or leave the country; for the actions of consulates, embassies or visa centers, including for the delay, refusal or change of terms of issuing entry visas, or issuing visas on other terms than those provided for the purposes of using the Services.

6.3. Under no circumstances shall the Agency, its affiliates or group companies, as well as its representatives, founders, directors, agents, employees, collaborators, partners and freelancers be liable to the Client or any third party for any indirect, incidental, consequential or punitive damages, not gained profits (lost profits), loss of data or access to data and information, loss of business reputation, damage to prestige or reputation, or moral damage, and additional costs incurred as a result of inability to use or as a result of use website and purchase of Services or Additional Services.

6.4. In accordance with the conditions, cautions and limitations specified in this Agreement, the Agency is liable only for intentional, direct damage caused as a result of a proven and established by the court by the  fact of non-fulfillment of obligations which occurred due to the fault of the Agency and the limits of such liability in no case cannot exceed the total cost of the ordered service. The provisions of this paragraph on the limitation of the Agency’s liability reflect the agreed allocation of risks between you and the Agency and shall be interpreted in favor of the Agency, its affiliates or group companies, as well as representatives, founders, managers, agents, employees, employees, freelancers or partners. The restrictions specified in this article remain valid and binding even when it was not possible to compensate the injured party in full.

7. FORCE MAJEURE CIRCUMSTANCES.

7.1. The Agency is released from responsibility for full or partial non-fulfillment of its obligations under this Agreement, if this non-fulfillment was the result of an event or force majeure that arose after the conclusion of this Agreement.

7.2. Circumstances of force majeure or event should be understood as circumstances that exclude or objectively prevent the fulfillment of the terms of the Agreement, are of an extraordinary, unavoidable, and unforeseen nature, and which the parties could not foresee or prevent with reasonable measures. The parties refer to such conditions in particular: circumstances caused by exceptional weather conditions and natural disasters, interruptions in the operation of communication networks, failure or disconnection of power supply, interruptions in work and access to the Internet and other communication networks, interruptions in the operation of the website, interruptions and failures in the operation of servers and software, hacker attacks, circumstances in connection with software updates, planned and unplanned technical and preventive works on the website, actions or orders of any government authorities, significant adverse changes in any applicable legislation, currency restrictions, extraordinary circumstances of a local or national scale, unforeseen actions or inaction of third parties who are not parties to the Agreement and/or which occur regardless of the will and wishes of the parties to the Agreement, the threat of war, armed conflict or a serious threat of such a conflict, including but not limited to enemy attacks, blockades, vii skov embargo, actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, actions of a public enemy, disturbances, acts of terrorism, sabotage, piracy, disorder, invasion, blockade, revolution, mutiny, insurrection, mass riots, introduction of curfew.. Relevant decisions and acts of state authorities and local self-government bodies, as well as circumstances related to the liquidation of consequences caused by exceptional weather conditions and unforeseen situations and other circumstances beyond the reasonable control of the parties.

7.3. In case of force majeure circumstances, the Agency shall notify the website Users within 7 (seven) calendar days by placing an appropriate notice on the website or by sending an online message (or in another appropriate way at the Agency’s choice) about the specified circumstances and their likely duration.

7.4. The term of performance of obligations under the Agreement is postponed in proportion to the time during which such force majeure circumstances will operate. If the circumstances of force majeure will last more than 14 (fourteen) calendar days, the parties may resolve the issue of non-fulfillment of obligations through negotiations, and in case of impossibility of reaching an agreement, demand termination of the Agreement.

8. PROTECTION OF PERSONAL INFORMATION (PRIVACY POLICY)

8.1. The terms of protection of personal information are integral terms of this Agreement and are mentioned in the Privacy Policy, which is available on this site.

9. THE USE OF INTELLECTUAL PROPERTY RIGHTS

9.1. The Agency, its partners and providers are the owners or licensees of the objects of intellectual property rights (all information and materials) published on the website. The website may contain materials provided by third parties. Logos, company names, offers, etc. mentioned on the website may be the trademarks/marks of their respective owners or protected by copyright. All information and materials published on the website are protected in accordance with local or international law on the protection of intellectual property rights.

9.2. You may not use, reproduce, modify, adapt, translate, compile, decompile, create derivative works, attempt to disclose the source code, copy, analyze data, create links to the website, or make any other use of the contents of this website overall or partly, including using any objects of intellectual property rights available through this website, without the written permission of the Agency.

9.3. The software available through this website is owned by the Agency, its partners and providers and is protected by copyright.

9.4. Any illegal use of objects of intellectual property rights and violation of the conditions set forth above is considered a major violation of the terms of the Agreement concluded between you and the Agency and may be the reason for filing a lawsuit for the protection of violated rights.

10. LAW AND PROCEDURE OF DISPUTE RESOLUTION

10.1. This Agreement and all legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms, determination of the consequences of invalidity or violation of the Agreement, are regulated by Agreement. In case of the absence of provisions in the Agreement regulating disputed relations, the Agency reserves the right to apply provisions regulating similar relations, including provisions contained in the Agreement itself (analogy). The relations of the parties, not stipulated by this Agreement, but similar to those arising from this Agreement and/or in connection with its implementation, are regulated and interpreted in accordance with the substantive and procedural law of Ukraine, rules, instructions, regulations, recommendations, resolutions and other normative legal acts of state authorities and applicable international legal norms.

10.2. All disputes and disagreements arising in connection with this Agreement shall be resolved through negotiations between the parties. Pre-trial consideration of disputes is mandatory for the parties. In cases where the parties were unable to resolve any dispute and/or disagreement through negotiations, the party that believes that its rights have been violated is obliged to send a pre-trial claim to the other party, the term of which is 30 (thirty) working days from at the time of receiving the claim. In the event of not receiving an answer to the claim within 30 (thirty) working days, as well as in the event that the answer was received but did not satisfy the party who believes that its rights have been violated, such party has the right to apply to the court in accordance with the rules of jurisdiction and jurisdiction , established by the legislation of Ukraine and norms of international law.

11. GENERAL PROVISIONS

11.1. Recognizing any provision of this Agreement as invalid, worthless or unenforceable shall not render the Agreement as a whole invalid or worthless. Such a provision will be deemed to have been revised with regard to the original intent to the extent possible, given the requirements of the law. You confirm your full and unconditional agreement to this Agreement and to the changes that may be made in the event that any provision is found to be invalid, void or unenforceable and you agree that such amended provision will govern the legal relationship between you and the Agency . Sections and headings in the Agreement are set out only for informational purposes and for the convenience of the User and may not narrow, expand or otherwise change the terms of the Agreement.

11.2. The terms of this Agreement are mandatory for the Agency and the Client/User/Buyer and their legal and permitted successors. The User has no right to fully or partially assign his rights and claims under this Agreement to third parties without the prior written consent of the Agency. The Agency may, without any reservations and at any time, transfer or assign or subcontract (sub-agency) any rights and obligations under this Agreement overall or partly to third parties at its own discretion.

11.3. The online version of this Agreement on paper media, including any online or sms message on papers (which were sent or received by the User from the Agency / the Agency from the User) are equivalent to official communication on paper, does not require additional certification, must be considered proper evidence, and shall have the same force as any other documents or notices made on paper, and shall be used in the resolution of any claims or disputes that may arise from or in connection with the performance of this Agreement.

The offer policy was last edited on 01.07.2023