application № 1 

to the Public Agreement

on the provision of leisure services 

 

CONSUMER RULES DURING THE PROVISION OF SERVICES

1. General rules during the tour

1.1.  The tourist undertakes to arrive at the starting point of the tour on time and strictly adhere to the schedule of travel along the route drawn up by the accompanying group. The group guide is not obliged to wait for the late tourist. The bus leaves after waiting for 3 minutes, and the tourist is responsible for joining the group.

1.2. Tourists undertake not to harass or violate the rights of the organizers and other members of the group, other third parties by their behaviour, intentional or negligent actions.

1.3.  Tourists (legal representatives of tourists) bear full responsibility for damage (harm) caused to third parties, as well as all the risks and all the severity of the consequences that may arise as a result of the actions of tourists. 

1.4. Tourists undertake not to take any actions on their own to deviate from the route, lag behind the group, etc. 

1.5. We recommend that tourists always have the group leader's phone number at hand (this will make it easier to contact the group in case the tourist gets lost along the route).

1.6. Animals are not allowed on all of our tours.

1.7. The time of the group gathering at the points of the route is set by the group guide. The place and time of departure is announced to the whole group before exiting the bus. 

1.8.Before the start of the tour, the tourist undertakes to provide the group guide with information in writing about the circumstances that prevent the possibility of using tourist services, which, in particular, include:

- various kinds of diseases and associated medical contraindications (regarding changes in climatic conditions, different types of movement, peculiarities of national cuisine, the use of medicines, etc.).

1.9. All costs associated with the late arrival of the tourist to the place of the group gathering (the place where the tour starts) or the delay of the tourist when returning from the bus tour after its completion, caused by a violation of the traffic schedule, traffic congestion, emergency situations, the tourist or other customer bears independently.

1.10.  Claims to the quality of the tourist product are presented to the group guide in writing within 5 days from the end of the tour and are subject to review within 10 days from the date of receipt. In order to avoid disagreements between the parties, documents confirming the fact of violation of contractual obligations and certified by a representative of the person authorized to provide the contested service are attached to the claims.

1.11. Please arrive for boarding in advance, at least 15 minutes before the departure of the bus.

1.12. At the end of the tour, tourists are disembarked in the same place where the tour began, unless otherwise specified in the itinerary. It is possible to disembark tourists along the road if this is agreed in advance with the accompanying person and does not require a deviation from the route. Tourists are not delivered to any points other than the route.

1.13. Tourists who are under the influence of alcohol, drugs, or other substances are not allowed on the tour.

1.14. The program of the bus tour (excursion) is quite rich. Therefore, we recommend that you carefully study the tour program in order to have time to see everything you wanted in the allotted time. Please note that such tours are very dynamic. This type of tourism is not desirable for people who prefer passive recreation.

1.15. It is necessary to inform the group leader in a timely manner about deteriorating health or injuries.

2. Responsibility for the tourist's delay/removal from the tourist's route

2.1. The presence of a tourist in a state of alcoholic or drug intoxication, which entails an infringement of the rights of other tourists in the group. In such a circumstance it is neccessary to obtain a signed statement  from at least three tourists of the group.

2.2. Identification of a suspicion of a tourist's illness, which creates a danger for other tourists in the group or the patient himself.

2.3. A tourist by their actions causing harm to objects of display or accommodation.

2.4. At each stop, the departure time of the bus is negotiated. If the tourist is late, the bus will leave without him. On the route, priority is given to the execution of the program. Therefore, the late tourist catches up with the group on his own and at his own expense.

2.5. A tourist violating the rules of conduct is not allowed to further participate in the excursion. In this case, the tourist or his legal representative will not be entitled to a refund of the tour cost. The tourist or his legal representative pays all additional costs arising from the illegal actions of the tourist.

2.6. A tourist suspended from the tour is obliged to hand over the Audioguide to his group guide at his first request.

3. Confirmation of reservation and seat

3.1. When boarding the bus, you must register with the group leader, who shows the tourist his seat on the bus. The seat on the bus is retained by the tourist throughout the trip.

3.2. As a rule, there are two group leaders and two groups of tourists on the bus. The groups are separated by a central passage. It is important not to change your seat in order to avoid possible disconnection from the group guide.

3.3. To board the bus, the tourist must inform the group leader of his booking number, last name and first name

3.4. The booking confirmation specifies the time and place of departure of the bus, which are strictly adhered to. The maximum waiting time for tourists is 3 minutes, regardless of the reasons for being late. We recommend arriving 15 minutes before the departure time.

4. Rules for the Use of the Audio Guide

4.1. Audiovisual accompaniment of the tour is carried out using an electronic device - an audio guide, in Ukrainian, Russian, English (British and American pronunciation), Polish, German, French, Italian, Spanish, Dutch, Turkish, Chinese, Arabic.

4.2. Upon receipt of the audio guide, you must: leave a deposit of 100 euros, pay for the reservation and check the operation of the audio guide.

4.3. At the end of the use of the audio guide, the visitor returns the audio guide to the group leader in good condition.

4.4. At lunchtime, the audio guide is given to the group leader.

4.5. In case of loss, damage to the audio guide, the visitor shall reimburse the group guide the cost of the audio guide in the equivalent of 100 euros

4.6. The perception of information and the manner in which it is presented through the audio guide is individual and may differ depending on personal preferences and expectations. 

5. Rules of conduct for tourists on the bus during the excursion

5.1. Seats on the bus are allocated according to the order of arrival of tourists.

5.2. Tourists' hand luggage is placed in a specially designated area on the top shelf. It is forbidden to place bags or other belongings of tourists in the aisles. For safety reasons, the passage must always be clear.

5.3. Loading/unloading baggage of tourists is not included in the duties of those accompanying the group. They can provide these services exclusively on their own initiative.

5.4. The tourist undertakes to comply with the rules of passenger transportation on the vehicles used on the bus tour.

5.5. Before the start of the bus movement, the tourist must fasten his seatbelt and  not unfasten it until the bus stops completely.

5.6. When braking hard, hold onto the handrails (seat armrests).

5.7. While the bus is in motion, it is not allowed to stand or walk in the cabin. You cannot lean out of the window or put your hands out the window.

5.8. In case of signs of motion sickness or nausea, you must immediately inform the group leader.

5.9. You can get up from the seats only after the bus has stopped completely or with the permission of the group leader.

5.10. You should leave the bus carefully, one person at a time, do not crowd.

5.11. Exit the bus through the front door. After leaving, do not disperse, gather in the indicated place and follow the instructions of the group leader.

5.12. The bus provides travel for tourists along the route indicated in the program. In other cases (for example, for the passage of tourists in their free time) the bus is not used.

5.13. The first row of seats to the right of the driver is intended exclusively for group guide work.

5.14. During the transit (along the route) lunch, when the driver leaves the bus and closes it, the cabin is left without passengers.

5.15. For convenience, a garbage bag is provided for each seat.

5.16. The tourist is obliged to carefully handle the equipment on the bus, keep it clean, put garbage in individual bags and throw them away in parking lots.

5.17. In order to maintain cleanliness and order on the bus and to avoid conflict situations on the way associated with smells of food, it is undesirable to eat on the bus.

5.18.  Adjustment of the air conditioner in heating or cooling mode is carried out through the group conduit by the bus driver (since the air conditioning system isfor the whole bus, the wishes of the majority of passengers will be will determine the temperature settings).

5.19. Bus tours are a group activity in which strangers (at least at the beginning of the tour) are in close proximity to one another, and their mutual comfort depends on a respectful attitude towards each other. We ask you to keep the bus clean and tidy to show your respect for all tour participants.    

6. Prohibited activities on the bus

6.1. For safety reasons and in accordance with European regulations, it is forbidden to stand and move around the cabin while the bus is in motion. Failure to comply with this instruction may result in injury in the event of emergency braking.

6.2. Do not distract the driver while driving.

6.3. It is forbidden to store and open strongly smelling products (canned food, fish, garlic) in the salon, use a perfume with a pungent aroma.

6.4. It is forbidden to eat food in the cabin that may stain it (ice cream, hot dogs with ketchup, etc.). A tourist with such food may be denied boarding the bus. He may also be asked to leave the salon and eat outside.

6.5. On the bus, you should not talk loudly with neighbours or on the phone.

6.6. Drinking alcohol and smoking on the bus is strictly prohibited.

6.7. Do not place heavy items on the shelves above the bus seats, as well as put bags and other luggage in the aisle.

6.8. Make noise or otherwise disturb other passengers.

7. Bus stops during the tour

7.1. The bus tour stops are pre-calculated according to the program and are carried out only at the designated places (except for emergencies).

7.2. Before the departure of the bus from each parking lot, we ask tourists to take their place, thereby freeing the passage. This will allow you to quickly make sure that all tourists are present and will speed up your check-out.

8. Code of Conduct for Walking Tours

8.1. Tourists are allowed to walk tours in appropriate clothing and accessories: closed comfortable shoes, a hat, raincoat, sunglasses, sun cream, insect bite cream, etc.

8.2. The leader during the tour is the group guide. It is necessary to strictly follow the instructions of the group leader, as well as accompanying persons.

8.3. Local traditions and customs, historical and cultural monuments, and nature should be treated with respect. At the end of the excursion, gather at the indicated place and after announcing the end of the excursion, follow the instructions of the group guide.

8.4. Observe other rules of public conduct, safety regulations, requirements and instructions of the group leader, vehicle drivers.

8.5. When crossing a road with a moving vehicle, observe the rules of the road.

8.6. During the excursion, you should be with your excursion group, do not wander. It is not allowed to deviate from the route (paths, paths), approach electric wires, unfenced edges of ravines, cliffs, etc.

9. Rules and obligations of the group leader

9.1. The group guide of the group is an authorized representative of Kyiv Travel on the route, coordinating and ensuring the implementation of the tour program. The group guide is with the group as part of the tour program. In case of delay, lagging behind the tourist from the group, the occurrence of an insured event, loss of documents or things of the tourist or in other circumstances when the tourist cannot continue the trip as part of the group, the priority in the actions of the group guide is to work with the group and adherence to the tour program. The group guide provides possible assistance to the tourist without leaving the group. He can leave the group only if this does not infringe on the interests of the group and does not threaten to change the program.

9.2. Ensuring the implementation of the tour program.

9.3. Informing tourists about the time and place of gathering and departure of the group.

9.4. Providing tourists with country-specific information, accompanied by video and audio materials.

9.5. Tour along the route.

9.6. Control of discipline and rules of behaviour of tourists on the route.

9.7. During the bus tour, all work on the implementation of the program is assigned to the group guide.

9.8. The group guide's information about restaurants, bars and other institutions is purely advisory in nature.

9.9. The group guide has the right to leave the tourist at the nearest bus stop in case his behaviour threatens the safety or causes discomfort to other tourists.

9.10. The group guide is not responsible for weather conditions, traffic jams and road repairs.

9.11. If some objects or museums are not available, the tour will take place without visiting these places, and the cost of the tour does not change.

9.12. The group guide reserves the right to change the order of excursions and other events without notice.

10. Museum Code of Conduct

10.1. The group enters the museums together, in an organized manner and with group tickets. If someone from the group passes separately, then he will have to pay for entrance tickets again.

10.2. When viewing the exposition, minors under the age of 14 should not be left unattended. It is necessary to explain to them the rules of conduct and the essence of the restrictions.

10.3. When visiting the museum, you must follow the requirements of the caretakers and other museum staff.

10.4. Before entering the exhibition center of the museum, outerwear, bags, bags and umbrellas should be left in the cloakroom.

10.5. Be polite and helpful and show respect for pregnant women, women with children, the elderly and the disabled.

10.6. In many museums, tourists can be suggested to wear special slippers.

10.7. According to etiquette in the halls of museums, you should move silently. behave with restraint and calmness, do not speak loudly,  do not gesticulate. Do not stand in front of other visitors, blocking their view with your body.

10.8. There is a very important rule that must be observed in almost all museums: you must not touch exhibits with your hands!

10.9. When entering the museum, you should familiarize yourself with the emergency evacuation plan. In the event of an emergency, immediately leave the museum through the nearest exit.

10.10. In the event of smoke or fire, or situations that may affect the safety of visitors or the museum, immediately notify the museum staff.

10.11. Photo and video filming in museums and places of historical and cultural value is carried out in accordance with the rules established in each case.

10.12. In case of violation of the rules, museum employees also have the right to take measures aimed at ensuring the safety and comfortable stay of visitors, namely, to take the violator out of the museum.

10.13. Violation of these rules, as well as causing damage to the property of the museum, may be the basis for bringing in the established procedure to material, administrative and other types of liability, in accordance with the current legislation of Ukraine.

10.14. The person who caused material damage to the museum is obliged to compensate for it. By agreement with the administration, voluntary compensation for damage is possible in the amount determined by the expert commission.

10.15. Persons who violate the procedure established by these rules can be removed by the security and security personnel of the museum from the territory of the museum and its branches without compensation for the cost of the entrance ticket, and if there are grounds for this, they can be detained and delivered to the internal affairs bodies of Ukraine.

11. Forbidden in the museum

11.1. Entering employees-only spaces.

11.2. Climbing sculptures and architectural elements of the building.

11.3. Applying labels, paste or otherwise distribute advertisements, posters and other products of advertising or other informational content.

11.4. Going behind the fences and on the sites for placing exhibits, as well as perform other actions that may harm the exhibits and equipment of the exposition.

11.5. Touching the windows with your hands and try to open them.

11.6. Using audio equipment with sound reproduction enabled.

11.7. Carrying out photo and video filming of exhibits in violation of the established procedure.

11.8. Bringing drinks and foodstuffs, as well as narcotics, explosive, flammable, poisonous substances, cold and firearms, pyrotechnics, as well as other items that can harm other visitors or exhibits, equipment, other property of the museum, into the museum halls.

11.9. Being in museum halls in a state of alcoholic or drug intoxication, as well as in an untidy state, in clothes and with objects that pollute the premises of the museum or the clothes of other visitors.

11.10. Smoking and making fires, burn dry foliage and grass, use any fire hazardous means and devices.

11.11. Littering the area with household and other waste.

11.12. Walking on lawns, flower beds and green areas not intended for walking, damage flower beds and green spaces.

11.13. Causing any material damage to the movable and immovable property of the museum and third-party organizations located on the territory, buildings, structures and objects of the natural complex.

12. Documents and personal belongings

12.1. PASSPORTS remain with tourists during the trip. If a tourist's passport is lost or stolen, it is not the responsibility of the group guide to accompany the tourist to the consulate to restore documents. The group leader must stay with the group and can only help with advice.

12.2. The original (in the case of an individual policy) or a copy (in the case of a group form) of medical insurance must be kept in the hands of the tourist at all times during the entire trip. In case  of a medical event, the duties of the group guide do not include accompanying the tourist. The group leader stays with the group and can only help with recommendations.

12.3. The tourist's personal belongings are under his responsibility. We advise you to NEVER LEAVE THEM WITHOUT SUPERVISION, and after the end of the tour, do not forget your things on the bus.

12.4. We are not responsible for the personal belongings of tourists.

12.5. On all our excursions, you must have an identity document with you. 

13. Food

13.1. For lunch, 45 minutes are allotted during the excursion day at the time indicated by the group guide. If meals are not included in the excursion, the group guide can recommend a restaurant, or the tourist decides where to dine on their own.

13.2. Due to the busy excursion schedule or the increased workload of cafes and restaurants along the route, on some excursions, we organize lunches, which can be ordered and paid in advance. Since we agree on the number of servings, it is not possible to order lunches on site. The order is not necessary, but in this case, the tourist needs to take care of his or her meals in the allotted time (45 minutes).

13.3. In the case of self-ordering dishes, be sure to be interested in the duration of their preparation. The fact that the dish is not ready by the time the group leaves according to the schedule is not a valid reason for the delay of the bus. 

14. Clothes for the trip

14.1. Despite the length of the trip, you should definitely take warm and waterproof clothes, warm socks, an umbrella or a raincoat on the road.

14.2. First of all, clothes should be comfortable and layered so that you can easily undress on the bus and dress warmly when you leave. Shoes should be as comfortable as possible, without heels and preferably waterproof.

14.3. It is highly recommended to have a sun hat on summer tours!

15. Useful Tips

15.1. We recommend that you carefully consider the list of things you need to take with you: cameras and/or a camera, additional devices for equipment, medicines etc.

15.2. Please provide a current mobile phone for communication during the trip.

15.3. We recommend that you always have the group leader's phone number with you. If you get lost, it is better to walk to the nearest intersection to determine which streets intersect here. Feel free to ask for directions from passers-by.

15.4. You can exchange money (euros or dollars) for local currency at exchange offices. Never change money at unlicensed exchanges or with strangers on the street! The group leader will always tell you how and where it is best to make an exchange.

15.5. In Ukraine, public toilets are often paid,so keep a small amout of cash with you.

We ask you to be patient, keep an open mind,  and remember to HAVE FUN, which, in fact, is the key to a successful holiday!

PUBLIC CONTRACT

on the provision of leisure services

The individual entrepreneur Taras Shevchenko, guided by Art. 633 of the Civil Code of Ukraine, offers an unlimited number of consumers to receive leisure services in accordance with the terms of this Agreement.

This agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers of these services, regardless of their status, citizenship, place of residence, language of communication, etc., without providing advantages to one consumer over another.

1. DEFINITION OF TERMS

1.1. The contract is an agreement between the Contractor and the Consumer of services, establishing the conditions for the provision of recreational services to the Consumer with the help of an Audioguide.

1.2. The Contractor is an individual entrepreneur Taras Shevchenko, whose entrepreneurial activity fully complies with the conditions for doing business in Ukraine for the provision of recreational services.

1.3. The consumer is any person, regardless of citizenship, religious affiliation, social status, place of residence, language of communication, etc., who turns to the Contractor to receive recreational services.

1.4. Services are services for the consumer’s recreational actitivies with the help of the Audio Guide, presented on the web portal, which, in particular, include the organization of visits by the Consumer to historical sites, architecture, culture or religion (excursions) according to the last selected Program, as well as other benefits specified in this Agreement and included in the cost of services.

Services under this Agreement are not excursion services in the meaning of the Law of Ukraine "On Tourism".

1.5. The public offer is a public official proposal of the Contractor, set out on the web portal, addressed to an unlimited number of consumer persons, to conclude a Public Agreement with the Contractor remotely on the conditions specified in this Agreement.

1.6. The moment of conclusion of the Agreement is the moment of ordering the Contractor's services on the web portal by clicking the "Add / Order" button and receiving the confirmation of the Order from the Contractor by the Consumer in accordance with clause 1.10 of this Agreement.

1.7. The Audio Guide is a software application on the smartphone model X-TREME PQ36 or X-TREME PQ24, which provides audio support for the implementation of the Program in one of the following languages: Ukrainian, Russian, Turkish, English, Polish, German, French, Spanish, Dutch, Chinese , Arabic. A Smartphone of the specified model is issued to the Consumer by the Group Manager before the provision of the Services.

1.8. The program is a plan for the consumer's leisure time formed by the Contractor within one calendar day, indicated on the web portal, which without fail includes visiting at least one monument of history, architecture, culture or religion (excursion) in the city of Kiev.

1.9. The group leader is a hired employee of the Contractor who accompanies the Consumer from the beginning of the provision of the Services in accordance with the Order to the completion of the provision of the Services in accordance with the specified Program, ensures the implementation of the Program, provides advisory support to the Consumer during the provision of the Services.

The group guide is not a guide, he does not provide the Consumer with comments regarding the object of history, architecture, culture or religion (excursion) during the provision of the Services.

1.10. An order is a confirmation of acceptance of the Consumer's order for the provision of services by the Contractor, which the Consumer receives in the form of an SMS / e-mail message to the mobile phone number or email address specified by the Consumer. The order must contain the following information: the name of the Program chosen by the Consumer, the date of the provision of the Services, the booking number, the amount of payment and other information specified by the Contractor.

1.11. A carrier is a business entity represented by a vehicle driver who ensures the movement (transportation) of the Consumer when providing the Services. The Contractor guarantees to the Consumer the fact of his joint activity with the Carrier, with the corresponding guarantees of the Carrier for the timely provision of the Contractor with a vehicle for the latter to properly provide the Services under this Agreement, as well as to ensure the safe movement (transportation) of the Consumer when providing these Services.

1.12. A vehicle is a bus owned by the Carrier on an appropriate legal basis, with the help of which the Contractor provides the Services to the Consumer under this Agreement.

1.13. The web portal is a web page https://excursions.kiev.travel/ (or https://kiev.travel/), which contains comprehensive information about the program, in particular: a list of monuments of history, architecture, culture or religion ( excursions), a visit to which can be provided by the Contractor in the manner prescribed by this Agreement, the cost of the Program, the duration of the provision of the Service and other conditions.

1.14. The Rules of Conduct for the Consumer when being provided Services (hereinafter referred to as the Rules) are the rules that are posted on the web portal and must be followed by the Consumer during the provision of services by the Contractor. The Rules are an integral part of this Agreement, that is, at the time of the conclusion of the Agreement, it is presumed that the Consumer is familiar with and agrees with both the text of this Agreement and the text of the Rules annexed to the Agreement.

1.15. The compensatory cost of the Audioguide is the cost of the Audioguide in the amount equivalent to 150 (one hundred and fifty) euros 00 euro cents in accordance with the euro per hryvnia exchange rate established by the National Bank of Ukraine on the date of payment by the Consumer of the compensatory cost of the Audioguide in the case provided for in this Agreement.

1.16. The security deposit for the Audioguide is the cost of the Audioguide in the amount of the equivalent of 150 (one hundred and fifty) euros 00 eurocents in accordance with the sale rate of euros for hryvnia established by the National Bank of Ukraine as of the date of this Agreement. 

2. SUBJECT OF THE AGREEMENT

2.1. The Contractor undertakes to organize and provide the Services to the Consumer for a fee in the manner determined by this Agreement, and the Consumer is obliged to pay for the provision of such Services and accept them.

2.2. For the Consumer, the terms of the Agreement are binding from the moment the Agreement is concluded, which means that the Consumer confirms the fact of familiarization and agreement with all the terms of the Agreement, and also undertakes to fulfill them regardless of the presence / absence of the personal signature of the Contractor / Consumer in the Order.

2.3. The Agreement is concluded by joining the Consumer to the Agreement proposed by the Contractor and accepting all its essential conditions without signing a written copy and is legally binding in accordance with the provisions of Art. 633, 634 of the Civil Code of Ukraine. The consumer is not entitled to offer his own terms of the Agreement.

3. PROCEDURE FOR PERFORMANCE OF THE CONTRACT

3.1. To provide services under this Agreement, the Consumer chooses the Program for recreational activities, based on the available information specified on the web portal.

3.2. If the Program is selected, the Consumer presses the “Add / Order ” button, after which he enters his personal data, as well as other information specified by the Contractor in the order form.

3.3. After entering the information specified in clause 3.2 of the Agreement, the confirmation of the Order is sent to the mobile phone number or e-mail indicated by the Consumer. At the same time, the Order form provides an opportunity for the Consumer to pay for the cost of services using the Platon payment system. If the Consumer refuses to use the payment option through the Platon payment system, the Consumer has the right to pay the Contractor in one of the ways specified in clause 5.5 of the Agreement, but within the time period specified in clause 5.4 of this Agreement.

3.4. The consumer arrives at the place of commencement of the provision of the Services no later than 15 minutes before the specified time in accordance with the terms of the Rules.

3.5. When boarding a vehicle, the Consumer is registered with the Group Manager by providing information: surname, name, booking number specified in the Order. In turn, the Group Manager shows the Consumer his place in the vehicle, which is retained by the Consumer during the provision of the Services.

3.6. Disembarkation of the Consumer is carried out by the Contractor at the end of the provision of the Services at the place where they begin, unless otherwise agreed between the Parties.

3.7. When disembarking, the Consumer returns the Audioguide to the Group Guide in good condition.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Obligations of the Contractor:

4.1.1. Provide the Services in a quality and timely manner in accordance with the terms of this Agreement and the Program selected by the Consumer.

4.1.2. Return the amount of money paid to the Consumer in the event of a force majeure event under this Agreement or in other cases determined by this Agreement, in a manner similar to the way the Consumer pays for the Contractor's Services.

4.1.3. Ensure the safety of personal data of the Consumer in accordance with the requirements of the Law of Ukraine “On the Protection of Personal Data ”.

4.1.4. Provide the Consumer with the contact information of the Group Leader, in particular, his last name, first name, patronymic and telephone number, before the provision of the Services in any way convenient for both Parties.

4.1.5. Return the collateral value of the Audioguide to the Consumer in the event that the Consumer returns the Audioguide after the Provider has provided the Services in good condition, similar to the state in which the Provider handed it over to the Consumer before the provision of the Services began.

4.2. Obligations of the Consumer:

4.2.1. Pay for the provision of the Services by the Contractor on time and in the manner established by this Agreement.

4.2.2. Ensure the safety of the Audio Guide when providing the Services by the Contractor.

4.2.3. Take care of the property of the Contractor, as well as the vehicle during the  provision of Services.

4.2.4. In case of being late to the place of provision of the Services at the agreed time, independently arrive at the location of the vehicle without requiring material compensation from the Contractor for the costs incurred.

4.2.5. By the time of the conclusion of the Agreement, familiarize yourself with its terms and conditions on the web portal.

4.3. Contractor's rights:

4.3.1. Receive payment for the provision of the Services in the manner specified in this Agreement.

4.3.2. Refuse to provide the Services in case of non-receipt of payment for the provision of the Services on the basis of the Order made by the Consumer.

4.3.3. Change the route of the vehicle within the declared Program and/or change the time of visiting the place specified by the Program within the calendar day according to the Order.

4.3.4. Change the cost of providing the Services before the Customer places an Order.

4.3.5. Engage third parties for the proper provision of the Services under this Agreement on an appropriate legal basis.

4.3.6. To independently choose the Carrier to ensure the transportation of the Consumer when providing the Services.

4.3.7. To independently choose the content of the the Consumer’s lunch during the lunch break during the calendar day of the provision of the Services if the Consumer chooses to receive such a service.

4.3.8. In the absence of the Consumer at the place where the provision of the Services begins, independently dispose of the funds paid by the latter for the provision of the Services by the Contractor.

4.3.9. In cases independently determined by the Contractor, to demand payment by the Consumer of the collateral value of the Audioguide in the manner determined by the legislation of Ukraine, prior to the commencement of the provision of the Services under this Agreement.

4.4. Consumer rights:

4.4.1. To return the amount of money paid by the Consumer for the provision of the Services in the event of a force majeure circumstance in accordance with clause 7.2 or clause 7.6 of this Agreement or in the event of the Contractor's refusal to provide the Services in the manner specified in this Agreement.

4.4.2. Order lunch from the Contractor during the provision of the Services at a specially designated time for meals. Lunch orders must be placed no later than 16 hours before the start of the provision of the Services.

4.4.3. For a lunch break at a specially designated time, announced by the Group Manager at the beginning of the provision of the Services.

4.4.4. To meet physical needs during the provision of the Services in a specially designated place.

4.4.5. To receive the Services in accordance with the terms of this Agreement and in accordance with the Order.

4.4.6. To withdraw from the Agreement before the start of the provision of the Services. In this case, the prepayment of the cost of the Services is not refunded to the Consumer, only on the basis of a justified reason for such a refusal, or in the event of the Consumer's refusal to pay the security deposit of the Audioguide to the Contractor in accordance with clause 4.3.9 of the Agreement.

5. PAYMENT AMOUNT AND PAYMENT PROCEDURE

5.1. The consumer pays for services according to the prices indicated on the web portal (hereinafter - the amount of payment).

5.2. The amount of payment to the Contractor depends on the Program chosen by the Consumer.

5.3. The payment includes the following:

5.3.1. The cost of an entrance ticket to a monument of history, architecture, culture or religion according to the Program chosen by the Consumer;

5.3.2. Use of the Audio Guide during the provision of the Services;

5.3.3. Consulting support from the Group Leader;

5.3.4. Provision of transportation services for the Consumer during the provision of the Services.

5.4. The consumer pays on a 100% prepayment basis based on the Order in the amount specified in the Order (payment amount).

5.5. The consumer makes payment in the national currency of Ukraine, hryvnia, by non-cash transfer of the amount of payment to the settlement account of the Contractor specified in the Order, or by settling with the latter in cash at the time specified in clause 5.4 of this Agreement.

5.6. The fact of payment by the Consumer is confirmed by a settlement document, which the Contractor issues to the Consumer and the form of which depends on the payment procedure chosen by the Consumer in accordance with clause 5.5 of the Agreement.

5.7. The amount of payment cannot be changed by either of the Parties after the moment of the conclusion of the Agreement.

6. RESPONSIBILITY OF THE PARTIES

6.1. The Contractor is liable to the Consumer for refusing to provide the Services (except for the cases specified in this Agreement) paid by the Consumer by refunding the money paid by the latter for the provision of the Services in a manner similar to the way the Consumer pays for the Contractor's services.

6.2. The Contractor is not responsible for the actions or omissions of the Carrier in the event of harm to the life and / or health and / or property of the Consumer who is in the vehicle during the provision of the Services. In the event of a claim or any other claim of the Consumer related to compensation for damage in accordance with this clause of the Agreement, the Consumer applies to the Carrier in accordance with the current legislation of Ukraine.

6.3. The consumer is financially responsible for the loss or damage to the Audioguide in the amount of the compensation (deposit) value specified in this Agreement, subject to the exception specified in this clause of the Agreement. At the same time, the Consumer undertakes to reimburse the Contractor (or the Group Guide) for the compensation cost of the Audio Guide immediately, at the place of detection of its loss or damage, in the manner established by the Contractor (Group Guide).

The Contractor, prior to the commencement of the provision of the Services, has the right to demand from the Consumer the payment of the security deposit for  the Audioguide in the amount established by this Agreement. In this case, in the event that the Consumer loses the Audioguide or is damaged during the provision of the Services, the Contractor has the right to independently dispose of the specified amount of the security deposit in order to reimburse the compensatory cost of the Audioguide.

6.4. In the event that the Consumer causes property damage to the Carrier's vehicle, the Consumer shall personally compensate the Carrier for the actual damage caused in the documented amount.

6.5. The Contractor is not responsible for the loss (full or partial) of the Consumer's property during the provision of the Services, including in the event that the Consumer carelessly leaves this property in the vehicle.

7. CIRCUMSTANCES OF FORCE MAJEURE

7.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if they prove that such failure occurred due to force majeure circumstances (force majeure).

7.2. Circumstances of force majeure (force majeure) are extraordinary and inevitable circumstances that make it objectively impossible to fulfill the obligations provided for by the terms of this Agreement, obligations under legislative and other regulatory acts, namely: the threat of war, armed conflict or a serious threat of such a conflict, including, but not limited to hostile attacks, blockades, military embargo, actions of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, actions of a public enemy, indignation, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, mutiny, uprising, riots, curfews, expropriation, forced confiscation, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, unlawful actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the conditions of the relevant decisions and acts of state authorities, closure of sea straits, embargo, quarantine established by a decision of the Cabinet of Ministers of Ukraine, prohibition (restriction) of export / import, etc., as well as 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..

7.3. A Party that has fallen under the force of force majeure and, as a result, found itself unable to fulfill its obligations under this Agreement, is obliged immediately, no later than 2 (two) calendar days from the moment of their occurrence, to send an electronic notification of this to any e-mail address available to such Party. of the other Party. Untimely notification of force majeure circumstances deprives the relevant Party of the right to refer to them, except in cases where force majeure circumstances prevented such notification.

7.4. The fact confirming the existence of force majeure circumstances is a certificate issued by the Chamber of Commerce and Industry of Ukraine or its authorized regional branch (or other competent authority).

7.5. If the circumstances specified in clause 7.2 of this Agreement, subject to their confirmation in accordance with clauses 7.4 - 7.5 of this Agreement, last more than 3 (three) calendar months, each of the Parties will have the right to initiate the termination of this Agreement. Of the contract.

7.6. The parties agreed that the force majeure circumstances in accordance with clause 7.2 of this Agreement cover the termination (full or partial) of access to any monument of history, architecture, culture or religion specified in the Program, about which the Contractor did not know or could not have known before provision of Services to the Consumer. In this case, a document confirming the occurrence of a force majeure circumstance in accordance with this clause of the Agreement is a written refusal of an authorized person of the relevant monument of history, architecture, culture or religion for access to the Contractor and / or the Consumer on the territory of such a monument of history, architecture, culture or religion, or a photograph of the announcement of the relevant content in a conspicuous place of the indicated monument of history, architecture, culture or religion.

8. ORDER OF RESOLUTION OF DISPUTES

8.1. All disputes and disagreements arising during the execution of the Agreement are resolved by the Parties through negotiations and in the procedure of pre-trial settlement of the dispute.

8.2. If the relevant dispute cannot be resolved through negotiations, it is resolved in court in accordance with the current legislation of Ukraine.

8.3. In the event of a claim for the quality of the provision of the Services by the Contractor, the Consumer sends a written claim to the Contractor within five calendar days from the date of completion of their provision. Missing the deadline for sending a claim is the basis for the Contractor's refusal to consider it. The claim is considered by the Contractor within ten calendar days in accordance with the current legislation of Ukraine. The Contractor informs the Consumer about the results of the consideration of the claim in the manner determined by the conditions of such a claim.

9. CONTRACT TIME

9.1. The terms of the Agreement are publicly communicated to all consumers by making it public on the web portal.

9.2. The Agreement enters into force at the time of its conclusion (clause 1.6 of the Agreement), regardless of the presence/absence of the Contractor / Consumer's signature in the Order, and is valid until the Parties fully fulfil their obligations under the Agreement. 

10. FINAL PROVISIONS

10.1. The contractor is a single taxpayer in accordance with the Tax Code of Ukraine.

10.2. By sending his personal data on the web portal when placing an Order, the Consumer provides the Contractor with his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the period of validity of such consent.

10.3. The Contractor undertakes not to disclose the information received from the Consumer, only for the proper provision of the Services, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

10.4. The Contractor is not responsible for non-fulfillment or improper fulfillment of his obligations due to the irrelevance of the information about the Consumer specified by him before the start of the provision of services, or the inconsistency of its validity.

10.5. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, modification and termination of this Agreement, interpretation of its terms, determining the consequences of invalidity or violation of the Agreement, are governed by this Agreement and the relevant norms of the legislation in force in Ukraine, as well as the customs of business turnover applicable to such legal relations on the basis of the principles of good faith, reasonableness and fairness.

10.6. The parties agreed that the validity of this Agreement is not subject to legal regulation in accordance with the legislation on tourism of Ukraine.

 

application № 1 

to the Public Agreement

on the provision of leisure services 

 

CONSUMER RULES DURING THE PROVISION OF SERVICES

1. General rules during the tour

1.1.  The tourist undertakes to arrive at the starting point of the tour on time and strictly adhere to the schedule of travel along the route drawn up by the accompanying group. The group guide is not obliged to wait for the late tourist. The bus leaves after waiting for 3 minutes, and the tourist is responsible for joining the group.

1.2. Tourists undertake not to harass or violate the rights of the organizers and other members of the group, other third parties by their behaviour, intentional or negligent actions.

1.3.  Tourists (legal representatives of tourists) bear full responsibility for damage (harm) caused to third parties, as well as all the risks and all the severity of the consequences that may arise as a result of the actions of tourists. 

1.4. Tourists undertake not to take any actions on their own to deviate from the route, lag behind the group, etc. 

1.5. We recommend that tourists always have the group leader's phone number at hand (this will make it easier to contact the group in case the tourist gets lost along the route).

1.6. Animals are not allowed on all of our tours.

1.7. The time of the group gathering at the points of the route is set by the group guide. The place and time of departure is announced to the whole group before exiting the bus. 

1.8.Before the start of the tour, the tourist undertakes to provide the group guide with information in writing about the circumstances that prevent the possibility of using tourist services, which, in particular, include:

- various kinds of diseases and associated medical contraindications (regarding changes in climatic conditions, different types of movement, peculiarities of national cuisine, the use of medicines, etc.).

1.9. All costs associated with the late arrival of the tourist to the place of the group gathering (the place where the tour starts) or the delay of the tourist when returning from the bus tour after its completion, caused by a violation of the traffic schedule, traffic congestion, emergency situations, the tourist or other customer bears independently.

1.10.  Claims to the quality of the tourist product are presented to the group guide in writing within 5 days from the end of the tour and are subject to review within 10 days from the date of receipt. In order to avoid disagreements between the parties, documents confirming the fact of violation of contractual obligations and certified by a representative of the person authorized to provide the contested service are attached to the claims.

1.11. Please arrive for boarding in advance, at least 15 minutes before the departure of the bus.

1.12. At the end of the tour, tourists are disembarked in the same place where the tour began, unless otherwise specified in the itinerary. It is possible to disembark tourists along the road if this is agreed in advance with the accompanying person and does not require a deviation from the route. Tourists are not delivered to any points other than the route.

1.13. Tourists who are under the influence of alcohol, drugs, or other substances are not allowed on the tour.

1.14. The program of the bus tour (excursion) is quite rich. Therefore, we recommend that you carefully study the tour program in order to have time to see everything you wanted in the allotted time. Please note that such tours are very dynamic. This type of tourism is not desirable for people who prefer passive recreation.

1.15. It is necessary to inform the group leader in a timely manner about deteriorating health or injuries.

2. Responsibility for the tourist's delay/removal from the tourist's route

2.1. The presence of a tourist in a state of alcoholic or drug intoxication, which entails an infringement of the rights of other tourists in the group. In such a circumstance it is neccessary to obtain a signed statement  from at least three tourists of the group.

2.2. Identification of a suspicion of a tourist's illness, which creates a danger for other tourists in the group or the patient himself.

2.3. A tourist by their actions causing harm to objects of display or accommodation.

2.4. At each stop, the departure time of the bus is negotiated. If the tourist is late, the bus will leave without him. On the route, priority is given to the execution of the program. Therefore, the late tourist catches up with the group on his own and at his own expense.

2.5. A tourist violating the rules of conduct is not allowed to further participate in the excursion. In this case, the tourist or his legal representative will not be entitled to a refund of the tour cost. The tourist or his legal representative pays all additional costs arising from the illegal actions of the tourist.

2.6. A tourist suspended from the tour is obliged to hand over the Audioguide to his group guide at his first request.

3. Confirmation of reservation and seat

3.1. When boarding the bus, you must register with the group leader, who shows the tourist his seat on the bus. The seat on the bus is retained by the tourist throughout the trip.

3.2. As a rule, there are two group leaders and two groups of tourists on the bus. The groups are separated by a central passage. It is important not to change your seat in order to avoid possible disconnection from the group guide.

3.3. To board the bus, the tourist must inform the group leader of his booking number, last name and first name

3.4. The booking confirmation specifies the time and place of departure of the bus, which are strictly adhered to. The maximum waiting time for tourists is 3 minutes, regardless of the reasons for being late. We recommend arriving 15 minutes before the departure time.

4. Rules for the Use of the Audio Guide

4.1. Audiovisual accompaniment of the tour is carried out using an electronic device - an audio guide, in Ukrainian, Russian, English (British and American pronunciation), Polish, German, French, Italian, Spanish, Dutch, Turkish, Chinese, Arabic.

4.2. Upon receipt of the audio guide, you must: leave a deposit of 100 euros, pay for the reservation and check the operation of the audio guide.

4.3. At the end of the use of the audio guide, the visitor returns the audio guide to the group leader in good condition.

4.4. At lunchtime, the audio guide is given to the group leader.

4.5. In case of loss, damage to the audio guide, the visitor shall reimburse the group guide the cost of the audio guide in the equivalent of 100 euros

4.6. The perception of information and the manner in which it is presented through the audio guide is individual and may differ depending on personal preferences and expectations. 

5. Rules of conduct for tourists on the bus during the excursion

5.1. Seats on the bus are allocated according to the order of arrival of tourists.

5.2. Tourists' hand luggage is placed in a specially designated area on the top shelf. It is forbidden to place bags or other belongings of tourists in the aisles. For safety reasons, the passage must always be clear.

5.3. Loading/unloading baggage of tourists is not included in the duties of those accompanying the group. They can provide these services exclusively on their own initiative.

5.4. The tourist undertakes to comply with the rules of passenger transportation on the vehicles used on the bus tour.

5.5. Before the start of the bus movement, the tourist must fasten his seatbelt and  not unfasten it until the bus stops completely.

5.6. When braking hard, hold onto the handrails (seat armrests).

5.7. While the bus is in motion, it is not allowed to stand or walk in the cabin. You cannot lean out of the window or put your hands out the window.

5.8. In case of signs of motion sickness or nausea, you must immediately inform the group leader.

5.9. You can get up from the seats only after the bus has stopped completely or with the permission of the group leader.

5.10. You should leave the bus carefully, one person at a time, do not crowd.

5.11. Exit the bus through the front door. After leaving, do not disperse, gather in the indicated place and follow the instructions of the group leader.

5.12. The bus provides travel for tourists along the route indicated in the program. In other cases (for example, for the passage of tourists in their free time) the bus is not used.

5.13. The first row of seats to the right of the driver is intended exclusively for group guide work.

5.14. During the transit (along the route) lunch, when the driver leaves the bus and closes it, the cabin is left without passengers.

5.15. For convenience, a garbage bag is provided for each seat.

5.16. The tourist is obliged to carefully handle the equipment on the bus, keep it clean, put garbage in individual bags and throw them away in parking lots.

5.17. In order to maintain cleanliness and order on the bus and to avoid conflict situations on the way associated with smells of food, it is undesirable to eat on the bus.

5.18.  Adjustment of the air conditioner in heating or cooling mode is carried out through the group conduit by the bus driver (since the air conditioning system isfor the whole bus, the wishes of the majority of passengers will be will determine the temperature settings).

5.19. Bus tours are a group activity in which strangers (at least at the beginning of the tour) are in close proximity to one another, and their mutual comfort depends on a respectful attitude towards each other. We ask you to keep the bus clean and tidy to show your respect for all tour participants.    

6. Prohibited activities on the bus

6.1. For safety reasons and in accordance with European regulations, it is forbidden to stand and move around the cabin while the bus is in motion. Failure to comply with this instruction may result in injury in the event of emergency braking.

6.2. Do not distract the driver while driving.

6.3. It is forbidden to store and open strongly smelling products (canned food, fish, garlic) in the salon, use a perfume with a pungent aroma.

6.4. It is forbidden to eat food in the cabin that may stain it (ice cream, hot dogs with ketchup, etc.). A tourist with such food may be denied boarding the bus. He may also be asked to leave the salon and eat outside.

6.5. On the bus, you should not talk loudly with neighbours or on the phone.

6.6. Drinking alcohol and smoking on the bus is strictly prohibited.

6.7. Do not place heavy items on the shelves above the bus seats, as well as put bags and other luggage in the aisle.

6.8. Make noise or otherwise disturb other passengers.

7. Bus stops during the tour

7.1. The bus tour stops are pre-calculated according to the program and are carried out only at the designated places (except for emergencies).

7.2. Before the departure of the bus from each parking lot, we ask tourists to take their place, thereby freeing the passage. This will allow you to quickly make sure that all tourists are present and will speed up your check-out.

8. Code of Conduct for Walking Tours

8.1. Tourists are allowed to walk tours in appropriate clothing and accessories: closed comfortable shoes, a hat, raincoat, sunglasses, sun cream, insect bite cream, etc.

8.2. The leader during the tour is the group guide. It is necessary to strictly follow the instructions of the group leader, as well as accompanying persons.

8.3. Local traditions and customs, historical and cultural monuments, and nature should be treated with respect. At the end of the excursion, gather at the indicated place and after announcing the end of the excursion, follow the instructions of the group guide.

8.4. Observe other rules of public conduct, safety regulations, requirements and instructions of the group leader, vehicle drivers.

8.5. When crossing a road with a moving vehicle, observe the rules of the road.

8.6. During the excursion, you should be with your excursion group, do not wander. It is not allowed to deviate from the route (paths, paths), approach electric wires, unfenced edges of ravines, cliffs, etc.

9. Rules and obligations of the group leader

9.1. The group guide of the group is an authorized representative of Kyiv Travel on the route, coordinating and ensuring the implementation of the tour program. The group guide is with the group as part of the tour program. In case of delay, lagging behind the tourist from the group, the occurrence of an insured event, loss of documents or things of the tourist or in other circumstances when the tourist cannot continue the trip as part of the group, the priority in the actions of the group guide is to work with the group and adherence to the tour program. The group guide provides possible assistance to the tourist without leaving the group. He can leave the group only if this does not infringe on the interests of the group and does not threaten to change the program.

9.2. Ensuring the implementation of the tour program.

9.3. Informing tourists about the time and place of gathering and departure of the group.

9.4. Providing tourists with country-specific information, accompanied by video and audio materials.

9.5. Tour along the route.

9.6. Control of discipline and rules of behaviour of tourists on the route.

9.7. During the bus tour, all work on the implementation of the program is assigned to the group guide.

9.8. The group guide's information about restaurants, bars and other institutions is purely advisory in nature.

9.9. The group guide has the right to leave the tourist at the nearest bus stop in case his behaviour threatens the safety or causes discomfort to other tourists.

9.10. The group guide is not responsible for weather conditions, traffic jams and road repairs.

9.11. If some objects or museums are not available, the tour will take place without visiting these places, and the cost of the tour does not change.

9.12. The group guide reserves the right to change the order of excursions and other events without notice.

10. Museum Code of Conduct

10.1. The group enters the museums together, in an organized manner and with group tickets. If someone from the group passes separately, then he will have to pay for entrance tickets again.

10.2. When viewing the exposition, minors under the age of 14 should not be left unattended. It is necessary to explain to them the rules of conduct and the essence of the restrictions.

10.3. When visiting the museum, you must follow the requirements of the caretakers and other museum staff.

10.4. Before entering the exhibition center of the museum, outerwear, bags, bags and umbrellas should be left in the cloakroom.

10.5. Be polite and helpful and show respect for pregnant women, women with children, the elderly and the disabled.

10.6. In many museums, tourists can be suggested to wear special slippers.

10.7. According to etiquette in the halls of museums, you should move silently. behave with restraint and calmness, do not speak loudly,  do not gesticulate. Do not stand in front of other visitors, blocking their view with your body.

10.8. There is a very important rule that must be observed in almost all museums: you must not touch exhibits with your hands!

10.9. When entering the museum, you should familiarize yourself with the emergency evacuation plan. In the event of an emergency, immediately leave the museum through the nearest exit.

10.10. In the event of smoke or fire, or situations that may affect the safety of visitors or the museum, immediately notify the museum staff.

10.11. Photo and video filming in museums and places of historical and cultural value is carried out in accordance with the rules established in each case.

10.12. In case of violation of the rules, museum employees also have the right to take measures aimed at ensuring the safety and comfortable stay of visitors, namely, to take the violator out of the museum.

10.13. Violation of these rules, as well as causing damage to the property of the museum, may be the basis for bringing in the established procedure to material, administrative and other types of liability, in accordance with the current legislation of Ukraine.

10.14. The person who caused material damage to the museum is obliged to compensate for it. By agreement with the administration, voluntary compensation for damage is possible in the amount determined by the expert commission.

10.15. Persons who violate the procedure established by these rules can be removed by the security and security personnel of the museum from the territory of the museum and its branches without compensation for the cost of the entrance ticket, and if there are grounds for this, they can be detained and delivered to the internal affairs bodies of Ukraine.

11. Forbidden in the museum

11.1. Entering employees-only spaces.

11.2. Climbing sculptures and architectural elements of the building.

11.3. Applying labels, paste or otherwise distribute advertisements, posters and other products of advertising or other informational content.

11.4. Going behind the fences and on the sites for placing exhibits, as well as perform other actions that may harm the exhibits and equipment of the exposition.

11.5. Touching the windows with your hands and try to open them.

11.6. Using audio equipment with sound reproduction enabled.

11.7. Carrying out photo and video filming of exhibits in violation of the established procedure.

11.8. Bringing drinks and foodstuffs, as well as narcotics, explosive, flammable, poisonous substances, cold and firearms, pyrotechnics, as well as other items that can harm other visitors or exhibits, equipment, other property of the museum, into the museum halls.

11.9. Being in museum halls in a state of alcoholic or drug intoxication, as well as in an untidy state, in clothes and with objects that pollute the premises of the museum or the clothes of other visitors.

11.10. Smoking and making fires, burn dry foliage and grass, use any fire hazardous means and devices.

11.11. Littering the area with household and other waste.

11.12. Walking on lawns, flower beds and green areas not intended for walking, damage flower beds and green spaces.

11.13. Causing any material damage to the movable and immovable property of the museum and third-party organizations located on the territory, buildings, structures and objects of the natural complex.

12. Documents and personal belongings

12.1. PASSPORTS remain with tourists during the trip. If a tourist's passport is lost or stolen, it is not the responsibility of the group guide to accompany the tourist to the consulate to restore documents. The group leader must stay with the group and can only help with advice.

12.2. The original (in the case of an individual policy) or a copy (in the case of a group form) of medical insurance must be kept in the hands of the tourist at all times during the entire trip. In case  of a medical event, the duties of the group guide do not include accompanying the tourist. The group leader stays with the group and can only help with recommendations.

12.3. The tourist's personal belongings are under his responsibility. We advise you to NEVER LEAVE THEM WITHOUT SUPERVISION, and after the end of the tour, do not forget your things on the bus.

12.4. We are not responsible for the personal belongings of tourists.

12.5. On all our excursions, you must have an identity document with you. 

13. Food

13.1. For lunch, 45 minutes are allotted during the excursion day at the time indicated by the group guide. If meals are not included in the excursion, the group guide can recommend a restaurant, or the tourist decides where to dine on their own.

13.2. Due to the busy excursion schedule or the increased workload of cafes and restaurants along the route, on some excursions, we organize lunches, which can be ordered and paid in advance. Since we agree on the number of servings, it is not possible to order lunches on site. The order is not necessary, but in this case, the tourist needs to take care of his or her meals in the allotted time (45 minutes).

13.3. In the case of self-ordering dishes, be sure to be interested in the duration of their preparation. The fact that the dish is not ready by the time the group leaves according to the schedule is not a valid reason for the delay of the bus. 

14. Clothes for the trip

14.1. Despite the length of the trip, you should definitely take warm and waterproof clothes, warm socks, an umbrella or a raincoat on the road.

14.2. First of all, clothes should be comfortable and layered so that you can easily undress on the bus and dress warmly when you leave. Shoes should be as comfortable as possible, without heels and preferably waterproof.

14.3. It is highly recommended to have a sun hat on summer tours!

15. Useful Tips

15.1. We recommend that you carefully consider the list of things you need to take with you: cameras and/or a camera, additional devices for equipment, medicines etc.

15.2. Please provide a current mobile phone for communication during the trip.

15.3. We recommend that you always have the group leader's phone number with you. If you get lost, it is better to walk to the nearest intersection to determine which streets intersect here. Feel free to ask for directions from passers-by.

15.4. You can exchange money (euros or dollars) for local currency at exchange offices. Never change money at unlicensed exchanges or with strangers on the street! The group leader will always tell you how and where it is best to make an exchange.

15.5. In Ukraine, public toilets are often paid,so keep a small amout of cash with you.

We ask you to be patient, keep an open mind,  and remember to HAVE FUN, which, in fact, is the key to a successful holiday!

PUBLIC CONTRACT

on the provision of leisure services

The individual entrepreneur Taras Shevchenko, guided by Art. 633 of the Civil Code of Ukraine, offers an unlimited number of consumers to receive leisure services in accordance with the terms of this Agreement.

This agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers of these services, regardless of their status, citizenship, place of residence, language of communication, etc., without providing advantages to one consumer over another.

1. DEFINITION OF TERMS

1.1. The contract is an agreement between the Contractor and the Consumer of services, establishing the conditions for the provision of recreational services to the Consumer with the help of an Audioguide.

1.2. The Contractor is an individual entrepreneur Taras Shevchenko, whose entrepreneurial activity fully complies with the conditions for doing business in Ukraine for the provision of recreational services.

1.3. The consumer is any person, regardless of citizenship, religious affiliation, social status, place of residence, language of communication, etc., who turns to the Contractor to receive recreational services.

1.4. Services are services for the consumer’s recreational actitivies with the help of the Audio Guide, presented on the web portal, which, in particular, include the organization of visits by the Consumer to historical sites, architecture, culture or religion (excursions) according to the last selected Program, as well as other benefits specified in this Agreement and included in the cost of services.

Services under this Agreement are not excursion services in the meaning of the Law of Ukraine "On Tourism".

1.5. The public offer is a public official proposal of the Contractor, set out on the web portal, addressed to an unlimited number of consumer persons, to conclude a Public Agreement with the Contractor remotely on the conditions specified in this Agreement.

1.6. The moment of conclusion of the Agreement is the moment of ordering the Contractor's services on the web portal by clicking the "Add / Order" button and receiving the confirmation of the Order from the Contractor by the Consumer in accordance with clause 1.10 of this Agreement.

1.7. The Audio Guide is a software application on the smartphone model X-TREME PQ36 or X-TREME PQ24, which provides audio support for the implementation of the Program in one of the following languages: Ukrainian, Russian, Turkish, English, Polish, German, French, Spanish, Dutch, Chinese , Arabic. A Smartphone of the specified model is issued to the Consumer by the Group Manager before the provision of the Services.

1.8. The program is a plan for the consumer's leisure time formed by the Contractor within one calendar day, indicated on the web portal, which without fail includes visiting at least one monument of history, architecture, culture or religion (excursion) in the city of Kiev.

1.9. The group leader is a hired employee of the Contractor who accompanies the Consumer from the beginning of the provision of the Services in accordance with the Order to the completion of the provision of the Services in accordance with the specified Program, ensures the implementation of the Program, provides advisory support to the Consumer during the provision of the Services.

The group guide is not a guide, he does not provide the Consumer with comments regarding the object of history, architecture, culture or religion (excursion) during the provision of the Services.

1.10. An order is a confirmation of acceptance of the Consumer's order for the provision of services by the Contractor, which the Consumer receives in the form of an SMS / e-mail message to the mobile phone number or email address specified by the Consumer. The order must contain the following information: the name of the Program chosen by the Consumer, the date of the provision of the Services, the booking number, the amount of payment and other information specified by the Contractor.

1.11. A carrier is a business entity represented by a vehicle driver who ensures the movement (transportation) of the Consumer when providing the Services. The Contractor guarantees to the Consumer the fact of his joint activity with the Carrier, with the corresponding guarantees of the Carrier for the timely provision of the Contractor with a vehicle for the latter to properly provide the Services under this Agreement, as well as to ensure the safe movement (transportation) of the Consumer when providing these Services.

1.12. A vehicle is a bus owned by the Carrier on an appropriate legal basis, with the help of which the Contractor provides the Services to the Consumer under this Agreement.

1.13. The web portal is a web page https://excursions.kiev.travel/ (or https://kiev.travel/), which contains comprehensive information about the program, in particular: a list of monuments of history, architecture, culture or religion ( excursions), a visit to which can be provided by the Contractor in the manner prescribed by this Agreement, the cost of the Program, the duration of the provision of the Service and other conditions.

1.14. The Rules of Conduct for the Consumer when being provided Services (hereinafter referred to as the Rules) are the rules that are posted on the web portal and must be followed by the Consumer during the provision of services by the Contractor. The Rules are an integral part of this Agreement, that is, at the time of the conclusion of the Agreement, it is presumed that the Consumer is familiar with and agrees with both the text of this Agreement and the text of the Rules annexed to the Agreement.

1.15. The compensatory cost of the Audioguide is the cost of the Audioguide in the amount equivalent to 150 (one hundred and fifty) euros 00 euro cents in accordance with the euro per hryvnia exchange rate established by the National Bank of Ukraine on the date of payment by the Consumer of the compensatory cost of the Audioguide in the case provided for in this Agreement.

1.16. The security deposit for the Audioguide is the cost of the Audioguide in the amount of the equivalent of 150 (one hundred and fifty) euros 00 eurocents in accordance with the sale rate of euros for hryvnia established by the National Bank of Ukraine as of the date of this Agreement. 

2. SUBJECT OF THE AGREEMENT

2.1. The Contractor undertakes to organize and provide the Services to the Consumer for a fee in the manner determined by this Agreement, and the Consumer is obliged to pay for the provision of such Services and accept them.

2.2. For the Consumer, the terms of the Agreement are binding from the moment the Agreement is concluded, which means that the Consumer confirms the fact of familiarization and agreement with all the terms of the Agreement, and also undertakes to fulfill them regardless of the presence / absence of the personal signature of the Contractor / Consumer in the Order.

2.3. The Agreement is concluded by joining the Consumer to the Agreement proposed by the Contractor and accepting all its essential conditions without signing a written copy and is legally binding in accordance with the provisions of Art. 633, 634 of the Civil Code of Ukraine. The consumer is not entitled to offer his own terms of the Agreement.

3. PROCEDURE FOR PERFORMANCE OF THE CONTRACT

3.1. To provide services under this Agreement, the Consumer chooses the Program for recreational activities, based on the available information specified on the web portal.

3.2. If the Program is selected, the Consumer presses the “Add / Order ” button, after which he enters his personal data, as well as other information specified by the Contractor in the order form.

3.3. After entering the information specified in clause 3.2 of the Agreement, the confirmation of the Order is sent to the mobile phone number or e-mail indicated by the Consumer. At the same time, the Order form provides an opportunity for the Consumer to pay for the cost of services using the Platon payment system. If the Consumer refuses to use the payment option through the Platon payment system, the Consumer has the right to pay the Contractor in one of the ways specified in clause 5.5 of the Agreement, but within the time period specified in clause 5.4 of this Agreement.

3.4. The consumer arrives at the place of commencement of the provision of the Services no later than 15 minutes before the specified time in accordance with the terms of the Rules.

3.5. When boarding a vehicle, the Consumer is registered with the Group Manager by providing information: surname, name, booking number specified in the Order. In turn, the Group Manager shows the Consumer his place in the vehicle, which is retained by the Consumer during the provision of the Services.

3.6. Disembarkation of the Consumer is carried out by the Contractor at the end of the provision of the Services at the place where they begin, unless otherwise agreed between the Parties.

3.7. When disembarking, the Consumer returns the Audioguide to the Group Guide in good condition.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Obligations of the Contractor:

4.1.1. Provide the Services in a quality and timely manner in accordance with the terms of this Agreement and the Program selected by the Consumer.

4.1.2. Return the amount of money paid to the Consumer in the event of a force majeure event under this Agreement or in other cases determined by this Agreement, in a manner similar to the way the Consumer pays for the Contractor's Services.

4.1.3. Ensure the safety of personal data of the Consumer in accordance with the requirements of the Law of Ukraine “On the Protection of Personal Data ”.

4.1.4. Provide the Consumer with the contact information of the Group Leader, in particular, his last name, first name, patronymic and telephone number, before the provision of the Services in any way convenient for both Parties.

4.1.5. Return the collateral value of the Audioguide to the Consumer in the event that the Consumer returns the Audioguide after the Provider has provided the Services in good condition, similar to the state in which the Provider handed it over to the Consumer before the provision of the Services began.

4.2. Obligations of the Consumer:

4.2.1. Pay for the provision of the Services by the Contractor on time and in the manner established by this Agreement.

4.2.2. Ensure the safety of the Audio Guide when providing the Services by the Contractor.

4.2.3. Take care of the property of the Contractor, as well as the vehicle during the  provision of Services.

4.2.4. In case of being late to the place of provision of the Services at the agreed time, independently arrive at the location of the vehicle without requiring material compensation from the Contractor for the costs incurred.

4.2.5. By the time of the conclusion of the Agreement, familiarize yourself with its terms and conditions on the web portal.

4.3. Contractor's rights:

4.3.1. Receive payment for the provision of the Services in the manner specified in this Agreement.

4.3.2. Refuse to provide the Services in case of non-receipt of payment for the provision of the Services on the basis of the Order made by the Consumer.

4.3.3. Change the route of the vehicle within the declared Program and/or change the time of visiting the place specified by the Program within the calendar day according to the Order.

4.3.4. Change the cost of providing the Services before the Customer places an Order.

4.3.5. Engage third parties for the proper provision of the Services under this Agreement on an appropriate legal basis.

4.3.6. To independently choose the Carrier to ensure the transportation of the Consumer when providing the Services.

4.3.7. To independently choose the content of the the Consumer’s lunch during the lunch break during the calendar day of the provision of the Services if the Consumer chooses to receive such a service.

4.3.8. In the absence of the Consumer at the place where the provision of the Services begins, independently dispose of the funds paid by the latter for the provision of the Services by the Contractor.

4.3.9. In cases independently determined by the Contractor, to demand payment by the Consumer of the collateral value of the Audioguide in the manner determined by the legislation of Ukraine, prior to the commencement of the provision of the Services under this Agreement.

4.4. Consumer rights:

4.4.1. To return the amount of money paid by the Consumer for the provision of the Services in the event of a force majeure circumstance in accordance with clause 7.2 or clause 7.6 of this Agreement or in the event of the Contractor's refusal to provide the Services in the manner specified in this Agreement.

4.4.2. Order lunch from the Contractor during the provision of the Services at a specially designated time for meals. Lunch orders must be placed no later than 16 hours before the start of the provision of the Services.

4.4.3. For a lunch break at a specially designated time, announced by the Group Manager at the beginning of the provision of the Services.

4.4.4. To meet physical needs during the provision of the Services in a specially designated place.

4.4.5. To receive the Services in accordance with the terms of this Agreement and in accordance with the Order.

4.4.6. To withdraw from the Agreement before the start of the provision of the Services. In this case, the prepayment of the cost of the Services is not refunded to the Consumer, only on the basis of a justified reason for such a refusal, or in the event of the Consumer's refusal to pay the security deposit of the Audioguide to the Contractor in accordance with clause 4.3.9 of the Agreement.

5. PAYMENT AMOUNT AND PAYMENT PROCEDURE

5.1. The consumer pays for services according to the prices indicated on the web portal (hereinafter - the amount of payment).

5.2. The amount of payment to the Contractor depends on the Program chosen by the Consumer.

5.3. The payment includes the following:

5.3.1. The cost of an entrance ticket to a monument of history, architecture, culture or religion according to the Program chosen by the Consumer;

5.3.2. Use of the Audio Guide during the provision of the Services;

5.3.3. Consulting support from the Group Leader;

5.3.4. Provision of transportation services for the Consumer during the provision of the Services.

5.4. The consumer pays on a 100% prepayment basis based on the Order in the amount specified in the Order (payment amount).

5.5. The consumer makes payment in the national currency of Ukraine, hryvnia, by non-cash transfer of the amount of payment to the settlement account of the Contractor specified in the Order, or by settling with the latter in cash at the time specified in clause 5.4 of this Agreement.

5.6. The fact of payment by the Consumer is confirmed by a settlement document, which the Contractor issues to the Consumer and the form of which depends on the payment procedure chosen by the Consumer in accordance with clause 5.5 of the Agreement.

5.7. The amount of payment cannot be changed by either of the Parties after the moment of the conclusion of the Agreement.

6. RESPONSIBILITY OF THE PARTIES

6.1. The Contractor is liable to the Consumer for refusing to provide the Services (except for the cases specified in this Agreement) paid by the Consumer by refunding the money paid by the latter for the provision of the Services in a manner similar to the way the Consumer pays for the Contractor's services.

6.2. The Contractor is not responsible for the actions or omissions of the Carrier in the event of harm to the life and / or health and / or property of the Consumer who is in the vehicle during the provision of the Services. In the event of a claim or any other claim of the Consumer related to compensation for damage in accordance with this clause of the Agreement, the Consumer applies to the Carrier in accordance with the current legislation of Ukraine.

6.3. The consumer is financially responsible for the loss or damage to the Audioguide in the amount of the compensation (deposit) value specified in this Agreement, subject to the exception specified in this clause of the Agreement. At the same time, the Consumer undertakes to reimburse the Contractor (or the Group Guide) for the compensation cost of the Audio Guide immediately, at the place of detection of its loss or damage, in the manner established by the Contractor (Group Guide).

The Contractor, prior to the commencement of the provision of the Services, has the right to demand from the Consumer the payment of the security deposit for  the Audioguide in the amount established by this Agreement. In this case, in the event that the Consumer loses the Audioguide or is damaged during the provision of the Services, the Contractor has the right to independently dispose of the specified amount of the security deposit in order to reimburse the compensatory cost of the Audioguide.

6.4. In the event that the Consumer causes property damage to the Carrier's vehicle, the Consumer shall personally compensate the Carrier for the actual damage caused in the documented amount.

6.5. The Contractor is not responsible for the loss (full or partial) of the Consumer's property during the provision of the Services, including in the event that the Consumer carelessly leaves this property in the vehicle.

7. CIRCUMSTANCES OF FORCE MAJEURE

7.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if they prove that such failure occurred due to force majeure circumstances (force majeure).

7.2. Circumstances of force majeure (force majeure) are extraordinary and inevitable circumstances that make it objectively impossible to fulfill the obligations provided for by the terms of this Agreement, obligations under legislative and other regulatory acts, namely: the threat of war, armed conflict or a serious threat of such a conflict, including, but not limited to hostile attacks, blockades, military embargo, actions of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, actions of a public enemy, indignation, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, mutiny, uprising, riots, curfews, expropriation, forced confiscation, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, unlawful actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the conditions of the relevant decisions and acts of state authorities, closure of sea straits, embargo, quarantine established by a decision of the Cabinet of Ministers of Ukraine, prohibition (restriction) of export / import, etc., as well as 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..

7.3. A Party that has fallen under the force of force majeure and, as a result, found itself unable to fulfill its obligations under this Agreement, is obliged immediately, no later than 2 (two) calendar days from the moment of their occurrence, to send an electronic notification of this to any e-mail address available to such Party. of the other Party. Untimely notification of force majeure circumstances deprives the relevant Party of the right to refer to them, except in cases where force majeure circumstances prevented such notification.

7.4. The fact confirming the existence of force majeure circumstances is a certificate issued by the Chamber of Commerce and Industry of Ukraine or its authorized regional branch (or other competent authority).

7.5. If the circumstances specified in clause 7.2 of this Agreement, subject to their confirmation in accordance with clauses 7.4 - 7.5 of this Agreement, last more than 3 (three) calendar months, each of the Parties will have the right to initiate the termination of this Agreement. Of the contract.

7.6. The parties agreed that the force majeure circumstances in accordance with clause 7.2 of this Agreement cover the termination (full or partial) of access to any monument of history, architecture, culture or religion specified in the Program, about which the Contractor did not know or could not have known before provision of Services to the Consumer. In this case, a document confirming the occurrence of a force majeure circumstance in accordance with this clause of the Agreement is a written refusal of an authorized person of the relevant monument of history, architecture, culture or religion for access to the Contractor and / or the Consumer on the territory of such a monument of history, architecture, culture or religion, or a photograph of the announcement of the relevant content in a conspicuous place of the indicated monument of history, architecture, culture or religion.

8. ORDER OF RESOLUTION OF DISPUTES

8.1. All disputes and disagreements arising during the execution of the Agreement are resolved by the Parties through negotiations and in the procedure of pre-trial settlement of the dispute.

8.2. If the relevant dispute cannot be resolved through negotiations, it is resolved in court in accordance with the current legislation of Ukraine.

8.3. In the event of a claim for the quality of the provision of the Services by the Contractor, the Consumer sends a written claim to the Contractor within five calendar days from the date of completion of their provision. Missing the deadline for sending a claim is the basis for the Contractor's refusal to consider it. The claim is considered by the Contractor within ten calendar days in accordance with the current legislation of Ukraine. The Contractor informs the Consumer about the results of the consideration of the claim in the manner determined by the conditions of such a claim.

9. CONTRACT TIME

9.1. The terms of the Agreement are publicly communicated to all consumers by making it public on the web portal.

9.2. The Agreement enters into force at the time of its conclusion (clause 1.6 of the Agreement), regardless of the presence/absence of the Contractor / Consumer's signature in the Order, and is valid until the Parties fully fulfil their obligations under the Agreement. 

10. FINAL PROVISIONS

10.1. The contractor is a single taxpayer in accordance with the Tax Code of Ukraine.

10.2. By sending his personal data on the web portal when placing an Order, the Consumer provides the Contractor with his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the period of validity of such consent.

10.3. The Contractor undertakes not to disclose the information received from the Consumer, only for the proper provision of the Services, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

10.4. The Contractor is not responsible for non-fulfillment or improper fulfillment of his obligations due to the irrelevance of the information about the Consumer specified by him before the start of the provision of services, or the inconsistency of its validity.

10.5. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, modification and termination of this Agreement, interpretation of its terms, determining the consequences of invalidity or violation of the Agreement, are governed by this Agreement and the relevant norms of the legislation in force in Ukraine, as well as the customs of business turnover applicable to such legal relations on the basis of the principles of good faith, reasonableness and fairness.

10.6. The parties agreed that the validity of this Agreement is not subject to legal regulation in accordance with the legislation on tourism of Ukraine.