LIMITED LIABILITY COMPANY “BAKKARA-PLUS”, hereinafter referred to as the Contractor, of the one part, and any person or his/her/its authorised representative acceded hereto in the manner prescribed herein, hereinafter referred to as the Customer, of the other part, hereinafter collectively referred to as the Parties, in accordance with the requirements of Article 633 of the Civil Code of Ukraine, have entered into this agreement as follows:
1. TERMS AND DEFINITIONS
1.1. The Public Offer Agreement on the Provision of Hotel Services shall mean the agreement under which the Contractor undertakes to provide hotel services to each person who/which applies to it and the terms and conditions hereof shall be similar for all Customers, except those to whom/which respective privileges are granted by law. The Contractor may not give priorities to one Customer over another one in respect of the conclusion hereof, unless otherwise provided by law.
1.2. The Agreement on the Accession to the Public Offer Agreement on the Provision of Hotel Services shall mean the agreement whose terms and conditions are prescribed by the Contractor in the Public Offer Agreement on the Provision of Hotel Services that may be concluded by the Customer’s acceding to the offered Public Offer Agreement on the Provision of Hotel Services in general, by paying the invoice for hotel services issued by the Contractor. The Customer may not offer his/her/its own terms and conditions of the agreement.
1.3. The moment of conclusion of the Agreement on the Accession shall mean the moment of making the payment by the Customer against the invoice for hotel services issued by the Contractor and the receipt of the said money in the Contractor’s current account. Persons who/which reserved a suite, but failed to make the prepayment shall only be deemed to have expressed the intention to enter into this agreement.
1.4. Hotel services shall mean the Contractor’s actions (operations) aimed at accommodating a visitor by providing a suite (a bed) for temporary residence in the hotel, as well as other activities relating to the accommodation and temporary residence. Hotel services shall consist of the basic and additional services provided to the hotel visitors.
1.5. A consumer (a visitor) shall mean a natural person who purchases, orders, uses or intends to purchase or order goods, works, services for his/her own (daily) needs. Hotel services may be ordered by one person in favour of another person or a group of persons.
1.6. A group of visitors shall mean 10 (ten) or more persons who check in and check out at the same time (i.e. within a check day).
1.7. A suite shall mean a separate furnished premise consisting of one or several rooms equipped for temporary residence.
1.8. Reservation shall mean a preliminary order by the Customer of the basic and additional hotel services in a certain scope, for the purpose of using the services within the agreed terms by a specific consumer or a group of consumers.
1.9. A confirmation of reservation shall mean a written confirmation by the hotel of the execution of the ordered agreed list of the basic and additional services according to the order.
1.10. A cancellation shall mean a refusal from the reserved services.
1.11. The non-refundable tariff shall mean the fixed cost of the basic hotel services applied by the hotel in respect of the compulsory prepayment of the full cost of residence according to the reservation, which shall not be refunded in case of the cancellation by or the failure of a Visitor (a group of Visitors) to check in the Hotel.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. In accordance with the procedure and on the terms and conditions prescribed herein, the Contractor shall provide the Customer or the third persons identified by the Customer according to the reservation with hotel services, namely, the services for the temporary accommodation and the temporary residence in BAKKARA Hotel located at the address: 1 Venetsianskyi Island, Hidropark, Kyiv, 02660.
2.2. Upon the moment of receipt of the Customer’s money for the provision of hotel services in the Contractor’s account against the issued invoice, the Customer shall be deemed to have acceded to this agreement, to have agreed with all terms and conditions hereof and to have no claims or objections to the terms and conditions set forth herein.
3. RESERVATION PROCEDURE AND SETTLEMENTS BETWEEN THE PARTIES
3.1. Suits shall be reserved by the Customer’s giving the consent to this agreement
3.2. A suit shall be deemed reserved if a confirmation of the reservation is received from the Contractor in the Customer’s e-mail.
3.3. Following the receipt of the confirmation and the payment information in executing the reservation under the non-refundable tariff, the Customer shall make the payment for the Contractor’s services at the rate of 100% of the cost of residence according to the executed reservation. If the Customer fails to make the prepayment, the reservation shall be deemed invalid.
3.4. The reservation shall only be deemed to be guaranteed in case the services are prepaid in the amount of 100% of the cost of residence, according to the executed reservation, into the settlement account provided by the Contractor.
3.5. The Customers making group reservation may be provided with the delay in the payment for the services for the confirmation of the reservation. In this case, the payment of 50 (fifty) % of the total cost of the services shall be made at least 14 calendar days before the date of the planned check-in of the group. If the Customer fails to make the prepayment within the above term, the reservation shall be deemed to be invalid. If the group reservation is made later than 14 calendar days before the date of the planned check-in of the group, the payment for the services shall be made without a delay in payment, on the conditions of the 100% prepayment.
3.6. The money transferred from the Customer to the Contractor in confirmation of the reservation of residence under the non-refundable tariff shall not be refunded to the Customer in case of the cancellation of the reservation or the failure of a Visitor (a group of Visitors) to check in the Hotel.
3.7. The payment of commission fees and interests relating to the transfer of money shall be made by the Customer.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Customer is entitled:
4.1.1. At his/her/its own initiative, make settlements with the Contractor earlier.
4.1.2. Refuse from the Contractor’s hotel services without the refund of the amount of prepayment made for the execution of the reservation under the non-refundable tariff.
4.1.3. Demand the proper quality of the provided services and the proper compliance with the provisions hereof from the Contractor.
4.2. The Customer shall:
4.2.1. Comply with the provisions hereof.
4.2.2. Become familiarised and fully comply with the Rules of Residence in BAKKARA Hotel set forth in the website https://bakkara-hotel.com.ua/en/rooms/1432/ and placed in the place accessible for inspection in the territory of the hotel. In case of any violation of the Rules of Residence, the hotel shall reserve the right to refuse to provide services in full, without the refund of the money for the non-received services.
4.2.3. Timely pay for the reserved services within the terms and in accordance with the procedure prescribed herein.
4.2.4. Not demand the refund of the prepayment for the reserved hotel services in case of the cancellation of the reservation or the actual failure of a visitor (a group of visitors) to check in the hotel.
4.2.5. Bear responsibility before the Contractor for the compensation of losses in accordance with the issued invoice and the certificate of the damage (loss) of property.
4.3. The Contractor shall:
4.3.1. Ensure the proper provision of hotel services in accordance with the Rules of Residence in BAKKARA Hotel and the laws of Ukraine.
4.3.2. Inform the Customer about the services provided in the territory of the hotel and about the form and procedure of payments for them.
4.3.3. During the provision of services, comply with the provisions (requirements) prescribed in the reservation order given by the Customer.
4.3.4. Bear responsibility for the completion and the serviceability of equipment in suites, as well as the quality of preparation of the suite for check-in.
4.4. The Contractor may:
4.4.1. The Contractor shall reserve the right, at its own discretion, to accommodate a visitor in anther suite of the same or a higher level (category).
4.4.2. In case any property is destroyed or damaged, recover from the Customer the compensation of the losses incurred by the hotel in full, according to the approved pricelist.
4.4.3. Refuse to accommodate the Customer or dissolve the agreement (to make the check-out) in the event of violations of this agreement and/or the Rules of Residence in BAKKARA Hotel.
5. LIABILITY OF THE PARTIES
5.1. In case of a violation of their obligations hereunder, the Parties shall bear responsibility in accordance with the current laws of Ukraine and the provisions hereof. A violation of an obligation shall mean its non-fulfilment or improper fulfilment, i.e. the fulfilment in violation of the prescribed conditions.
5.2. In case the Parties hereto fail to voluntarily reach an agreement on any disputable issues, an interested Party may apply to a court.
6. FORCE MAJEURE
6.1. The Parties shall bear no responsibility hereunder if the impossibility for them to fulfil their obligations appeared due to circumstances of insuperable force (force majeure) which are beyond the Parties’ will and control and which shall be proved by a Party who/which refers to them. In particular, force majeure shall include military actions, natural calamities, strikes and other similar events. A certificate of the Chamber of Commerce and Industry at the place of location of the respective Party shall be the document that confirms circumstances of insuperable force.
7.1. The relations between the Parties not regulated herein shall be governed by the provisions of the current laws of Ukraine.
7.2. The period of validity hereof fixed by the Parties shall be until the moment of complete fulfilment of their obligations and, in respect of settlements, until the moment of complete settlement between the Parties.
The agreement set out in the Ukrainian language shall prevail.