Public offer agreement

for the provision of hotel services

Hotel Premium hotel&SPA , represented by Maryn Yuriy Ivanovych, acting on the basis of an Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, hereinafter referred to as the “Executor”, on the one hand, and any legal entity, individual entrepreneur or individual, or their authorized representative, who joins this Agreement by concluding an accession agreement, in a certain manner, hereinafter referred to as the “Customer”, on the other hand, hereinafter referred to as the “Parties”, in accordance with the requirements of the Civil Code and Ukraine, have concluded this Agreement on the following:

TERMS used in the Agreement

Acceptance– full acceptance and fulfillment of the terms of the Agreement, which is implemented by the means specified in the Agreement.
A public offer agreement for the provision of hotel services is an agreement under which the Contractor undertakes to provide hotel services to anyone who contacts him on the same terms and conditions for all Customers, as defined by this Agreement. The Contractor may not refuse to conclude this Agreement if it has the appropriate opportunities to provide the Customer with the relevant services.
Agreement to join the public offer agreement for the provision of hotel services– is a contract in which the Contractor establishes the conditions in the public offer contract for the provision of hotel services, which can be concluded only by joining the Customer to the proposed public offer contract for the provision of services, based on payment of the invoice issued by the Contractor.
The moment of conclusion of the accession agreement – this is the moment the Customer pays the bill for the provision of hotel services and credits these funds to the Contractor's current account or deposits them into the Contractor's cash desk when making a payment in cash.
Providing hotel services– accommodation of the Customer or Guest in a room for temporary accommodation in a hotel Premium hotel&SPA.
Guest– a person who actually uses or intends to use hotel services.
Room reservations– is a preliminary reservation of a specific room or several rooms for a certain period of time, which allows you to guarantee their availability for the guest on specific dates, subject to confirmation and possible prepayment.
Room reservations– order placed no earlier than 1 (one) day before the planned arrival date.
Early check-in – arrival of the Customer or Guest at the hotel Premium hotel&SPA до розрахункової години.
Пізній виїзд – виїзд Customer or Guest to the hotel Premium hotel&SPA після розрахункової години в день виїзду.
Розрахункова година – година, яка встановлена в hotels Premium hotel&SPA, при настанні якої Замовник повинен звільнити номер у день виїзду та після якої здійснюється заселення в готель Premium hotel&SPA.

1. SUBJECT OF THE CONTRACT

1.1 Under this Agreement, the Contractor provides the Customer with hotel services for temporary accommodation and temporary residence in specially equipped hotel rooms. Premium hotel&SPA, as well as other related services that may be provided to the Customer during his temporary stay in this hotel.

1.2. The Agreement determines the Customer's obligation to pay for hotel services provided by the Contractor.

2. PROCEDURE FOR CONCLUSION OF THE CONTRACT

2.1. The Public Contract has legal force, in accordance with Articles 633, 634, 641, 642 of the Civil Code of Ukraine, and is equivalent to a contract signed and certified by the seals of the Parties. The Customer does not have the right to offer the Contractor its conditions for concluding the Contract.

2.2. The Agreement is concluded by providing full and unconditional consent (Acceptance) by the Customer without signing a written copy of the Agreement by the Parties. In the event that the Customer does not agree to the terms of the Agreement, the provision of hotel services by the Contractor is impossible.

2.3. By concluding this Agreement, the Customer automatically confirms the fact of familiarization and agrees to full and unconditional acceptance of its terms and conditions.

2.4. According to Article 642 of the Civil Code of Ukraine, the fact of booking a hotel room is the full and unconditional acceptance of the terms of this proposal (offer), which confirms the conclusion of the Agreement for the provision of hotel services on the terms proposed below.

3. PROCEDURE FOR BOOKING, RESERVATION AND CANCELLATION OF THE CONTRACTOR'S HOTEL SERVICES AND THEIR PROVISION

3.1. Booking a hotel room or several rooms is carried out by the Customer's full consent to this Agreement. The Customer can book a room independently on the hotel's website hotelpremium.pro or by phone number of the reception, social networks or e-mail using the contacts that are freely accessible on the specified hotel website Premium hotel&SPA.

3.2. To register a hotel room, the Customer must provide the following data:

arrival date;
departure date;
room occupancy (number of adults and children).

3.3. After entering the data specified in clause 3.2 of the Agreement, the hotel website provides information about rooms available for temporary accommodation and temporary residence that meet the Customer's search parameters.

3.4. Підтвердження бронювання завершується сплатою рахунку за надання готельних послуг, який Замовник надає Виконавцю та зарахування коштів на поточний рахунок Виконавця, через платіжну систему Portmone або сплати їх готівкою до каси Виконавця.

3.5. Prices for the Contractor's services booked and paid for by the Customer cannot be changed.

3.6. Extension of the Customer's or Guest's stay for a period longer than specified in the booking order, regardless of the reasons for it, as well as accommodation of Guests who arrived without prior reservation is carried out subject to availability and is paid to the Contractor at the time of such extension or early check-in. The check-out time from the hotel is 12:00 local time, the check-in time is 14:00 local time. When checking into the hotel from 00.00 to 12.00 (early check-in) and checking out of the Customer or Guest from 12.00 to 24.00, an additional fee for half a day is charged.

3.7. У випадку оплати через платіжну систему Portmone, комісія враховується в ціну.

3.8. In the event of cancellation of the reserved hotel room by the Customer, the refund of paid services takes place in the following order:

if the cancellation occurred no later than three days before the scheduled arrival date, the funds are returned to the Customer in full in which they were paid (advance payment or full payment);
If the cancellation occurs less than three days before the scheduled arrival date, the Contractor will refund the amount paid for the accommodation, but will retain 15% of compensation for the time and resources spent. However, cancellation of the reservation one day before the scheduled arrival date deprives the Contractor of the right to a refund.
If the Customer did not use the accommodation service on the specified (booked) day of arrival and tried to cancel or change the reservation, the funds previously paid by him are not refunded.

3.9. Повернення коштів Замовнику з підстав, визначених п.3.8. Договору здійснюється протягом 7 (семи) календарних днів на рахунок Замовника у тей самий спосіб, за яким вони були сплачені.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Customer has the right:

independently and at its own discretion to establish the terms of payments with the Guest, unless the Customer personally uses the hotel services under this Agreement;
on its own initiative, make payments with the Contractor ahead of schedule;
independently choose a room for temporary residence, provided that the selected room is available for occupancy/accommodation;
to require from the Contractor the proper quality of the services provided and the proper fulfillment of the terms of this Agreement.

4.2. The Customer is obliged to:

place orders for hotel services in accordance with the terms of this Agreement;
to timely pay for the booked hotel services in accordance with the procedure specified in this Agreement;
in case of timely cancellation or change of the order of booked hotel services, notify the Contractor no later than 3 (three) days before the planned date of arrival;
not to demand a refund of the prepayment for the booked rooms if the cancellation of the order for the booked services/no-show at the Hotel and/or the attempt to cancel or change the order occurred less than 3 days in advance;
to familiarize yourself with and follow the Hotel Rules Premium hotel&SPA;
be liable to the Contractor for compensation for damages in accordance with the provided invoice and property damage report.

4.3. The Contractor has the right:

refuse the Customer or Guest accommodation or terminate the Agreement (evict) in cases provided for by the Hotel Accommodation Rules Premium hotel&SPA, as well as if the Customer or Guest repeatedly violates the internal rules of accommodation, which leads or may lead to material losses for the Contractor or creates inconveniences for the accommodation of other visitors. In such a case, after deducting the amount covering the material losses caused by the Customer or Guest, the Contractor shall return the balance of the previously made payment.
apply to the Customer or Guest any penalties or fines specified in the Hotel Accommodation Rules Premiumhotel&SPA;
The Contractor reserves the right, at its own discretion, to accommodate the Guest in another room of the same or higher level if accommodation in the room booked by the Guest is impossible for technical or other objective reasons.

4.4. The Contractor is obliged to:

by posting on the official website of the Hotel hotelpremium.pro provide necessary and reliable information about hotel services, their types, features and prices, as well as, at the request of the Customer or Guests, other services related to the relevant hotel service;
inform the Customer or Guest about the rules of accommodation at the Hotel;
accept, process and confirm, if possible, the provision of relevant services, received orders for booking hotel services within a period of no more than 24 hours from the moment of their receipt;
be responsible for the quality of services provided in accordance with the terms of this agreement and the current legislation of Ukraine.

5. MUTUAL SETTLEMENT OF THE PARTIES

5.1. The cost of services includes accommodation and breakfast. Additional services are paid separately according to the price list.

5.2. Prices for hotel services offered by the Contractor are determined in the national currency of Ukraine - hryvnia and are subject to payment in the manner and form established by the Agreement.

5.3. Payments under this Agreement may be made in cash, by payment cards or by non-cash payment.

6. FORCE MAJEURE

6.1. Due to force majeure circumstances, the parties are released from liability for non-fulfillment or improper fulfillment of obligations stipulated by the Agreement.

6.2. Force majeure circumstances (force majeure circumstances) are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill obligations stipulated by the terms of a contract (contract, agreement, etc.), duties, in accordance with legislative and other regulatory acts, namely: threat of war, armed conflict or serious threat of such a conflict (including but not limited to enemy attacks, blockades, military embargo), actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, actions of a public enemy, riots, acts of terrorism, sabotage, piracy, disorders, invasion, blockade, revolution, rebellion, uprising, mass unrest, introduction of a curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced removal, seizure of enterprises, requisition, public demonstration, strike, accident, unlawful actions of third parties, fire, explosion, long interruptions in transport operations, regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, embargo, ban (restriction) of export/import, etc. As well as circumstances caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.

6.3. The following are not considered force majeure circumstances (force majeure circumstances): financial and economic crisis, default, increase in the official and commercial exchange rates of foreign currency to the national currency, lack of necessary funds by the Customer, etc.

6.4. In cases where force majeure circumstances continue for 6 (six) months or more or when it becomes obvious that such circumstances will continue for the aforementioned period, either Party has the right to refuse to fulfill its obligations.

7. RESPONSIBILITY OF THE PARTIES

7.1. In the event of a breach of their obligations (non-fulfillment or improper fulfillment) under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.

7.2. In the event of failure to provide the hotel services booked and paid for in a timely manner by the Customer due to the fault of the Contractor, the Contractor shall return to the Customer the entire pre-paid amount and, upon the Customer's written request, shall provide accommodation for him or the Guest in another hotel located at this location and provide services of equal or higher quality.

7.3. In the event of failure to reach an agreement between the Parties on the disputed issues that are the subject of this Agreement, the interested Party has the right to apply to a court of appropriate jurisdiction for protection of its rights.

8. OTHER CONDITIONS

8.1. The relations between the Parties not regulated by this Agreement shall be governed by the provisions of the current legislation of Ukraine.

8.2. The term of this Agreement is determined by the Parties until the full fulfillment of the obligations assumed, and in terms of settlements - until the full settlement between the Parties.

ADDRESS AND DETAILS:

Hotel Premium hotel&SPA

Individual entrepreneur Marina Yuriy Ivanovych

Legal address: student Vyshnya 592, Polyanytsia, 78593

EDRPOU code: 1911822055

Bank details in the format IBAN:

EN823052990000026004033608995 in JSC CB "PrivatBank", MFI 305299