PUBLIC OFFER AGREEMENT
Public offer (agreement) on the provision of temporary accommodation services
Services are provided on the territory of the "Balka eco club" complex (hereinafter - the Hotel), and include: accommodation of individuals by providing a room (place) for temporary residence. In case of acceptance of the Services offered by you in the Hotel, it is considered that you fully and unconditionally agree to all the terms of the Public Offer (agreement) on the provision of services and the rules of accommodation in the hotel set out below, in full and unconditionally accept them (including agreeing to fulfill all obligations imposed on you by the Public Offer (agreement) on the provision of services and hotel accommodation rules) and you understand all their provisions.
1. GENERAL PROVISIONS1.1. This Public Offer defines the terms of the contract in accordance with Art. 641 of the Civil Code of Ukraine and is an official Public Offer addressed to other persons (hereinafter - "User", or "Users", or "Client", or Consumer", or "Consumers", or "Guest", or "Guests"), enter into an agreement on the provision of accommodation services to the User (providing a room (place) for temporary residence) under the conditions set out below.
1.2. In the future, according to the text of the Public Offer (agreement), the Hotel and the User are collectively referred to as "Parties", and each individually as a "Party".
1.3. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of the Agreement in accordance with its terms.
1.4. The text of the Public Offer (agreement) is posted on the Hotel's official website www.balka.club
1.5. The User consents to the notification to third parties of information that arises in connection with the execution of this Public Offer (agreement) and the User's receipt of services from the Hotel.
2. PROPOSAL (PUBLIC OFFER) / SUBJECT OF CONTRACT2.1. The subject of the Public Offer/Agreement is the provision of accommodation services by the Hotel to the User for a fee, by providing a room (place) for temporary accommodation at the address of the Hotel, in a specially equipped residential premises (room) in accordance with the booking order.
2.2. The agreement is considered concluded and becomes effective as an accession agreement from the moment the Client performs any action provided for in clause 3.4 of the agreement, which means full and unconditional acceptance by the latter of all the terms of the agreement without any exceptions and/or restrictions in accordance with Article 642 of the Civil Code of Ukraine . The contract for the provision of accommodation services is concluded by the User by accepting the Public Offer, is legally valid in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to the contract signed by the parties, and it is considered that the User has familiarized himself with and agrees to the terms of this Public Offer (agreement).
3. CONTRACT CONCLUSION PROCEDURE3.1. The contract is concluded between the Hotel and the User in the form of an accession contract (Article 634 of the Civil Code of Ukraine).
3.2. The acceptance (acceptance) of the Public Offer is the performance by the User of any of the actions specified in Clause 3.4 of the Agreement.
3.3. Acceptance (acceptance) of the Public Offer means full, unconditional and unconditional acceptance by the User of all the terms of the contract without any exceptions and/or restrictions and is equated according to Part 2 of Art. 642 of the Civil Code of Ukraine until the Parties conclude a bilateral written contract on the terms set forth in this Public Offer. The conclusion of the contract means that the User: - has fully familiarized himself with and agrees with the rules for staying at the Hotel; - acknowledges the unconditional suitability of the Hotel premises to meet the needs described in this contract; - accepts all terms of this contract without comments or objections.
3.4. In accordance with Article 642 of the Civil Code of Ukraine, the user confirms the fact of acceptance (acceptance) of the Public Offer in the case of performing any of the following actions: - payment of temporary accommodation services through the reception and accommodation service (reception) or by bank transfer on the basis of issued invoices, or bank card; - direct use by the User of Hotel services (accommodation); - filling out the registration form/receipt/questionnaire at the reception.
3.5. The user undertakes to independently enter (notify) reliable personal data and information that correspond to reality when registering to receive services at the Hotel.
3.6. The term of acceptance of this Public Offer is unlimited.
4. PROCEDURE OF CALCULATIONS / PAYMENT AND REFUNDS4.1. Hotel services, including additional ones, are provided to the User on a paid basis in accordance with the terms of the contract and tariffs/prices indicated on information stands, in the consumer corner, menus, price tags, prices, other information documentation of the Hotel and/or on the Hotel website, taking into account of the selected room category. Tariffs/prices for the Hotel's services and their list are determined and changed exclusively by the sole decision of the Hotel.
4.2. The right to receive/use Hotel Services, as a rule, is granted after payment for the relevant Services, in accordance with Tariffs/Prices. The hotel has the right to provide services to the User without prepayment.
4.3. The hotel has the right to apply free prices and a system of discounts for temporary accommodation services.
4.4. Payment for services at the Hotel is made in cash, by Visa, Mastercard bank cards or by non-cash payment by bank transfer.
4.5. When the paid period of stay coincides, the User is obliged to leave the room and clear it of personal belongings and luggage no later than 12:00 Kyiv time (check-out time) of the last paid day of stay or to pay for the extension of the period of stay in the room in the absence of a reservation of the specified room by third parties.
4.6. Check-in time at the Hotel starts at 14:00 Kyiv time.
4.7. Early check-in and late check-out is an additional service that is paid based on the selected room category in accordance with the prices indicated on the information stands, prices, other information documentation of the Hotel and/or on the Hotel website.
4.8. In the event that the Hotel provides services without prior payment, the User is obliged to pay for such services on the day of check-in according to the issued invoice in accordance with the prices indicated on the information stands, prices, other information documentation of the Hotel and/or on the website of the Hotel. In this case, the User pays for the services provided (fulfills the terms of the Agreement) at the location of the Hotel.
4.9. In case of impossibility of providing services in accordance with clause 6.1, the Hotel is obliged to return funds to the customer's bank card within 3 working days.
6. FORCE MAJEURE6.1. In the event of force majeure: war, floods, earthquakes, fires, strikes, epidemics, changes in legislation, etc., the parties are partially or completely released from fulfilling their obligations under this contract. Force majeure must be confirmed by the relevant competent authority.
7. ADDITIONAL HOTEL SERVICES7.1. Other additional services are provided at the rates/prices indicated on the information stands, menus, price lists, prices, other information documentation of the Hotel and/or on the website of the Hotel, taking into account the selected room category.
8. RESOLUTION OF DISPUTES8.1. In case of complaints, the User must provide: a complaint, a check (receipt, etc.) to the Hotel, a document with a mark to the Hotel confirming the violation of the terms of service, documents confirming the actual damages. Complaints and all necessary documents are submitted to the Hotel no later than 14 days after the end of the service. All complaints are considered by the Hotel only on the condition that the Hotel was informed about the violation of the terms of service in advance for the possibility of their elimination within the next 12 hours.
8.2. The hotel considers the received complaint within 20 days.
8.3. Complaints filed in violation of the requirements of the Public Offer (agreement) will not be considered.