Terms and conditions

Provision of Travel Services
(for placing an order for travel services by the Customer on the website https://ideatravel.solutions)

LIMITED LIABILITY COMPANY “IDEA TRAVEL SOLUTIONS”, legal entity identification code 43609903, registered address: Ukraine, 04112, Kyiv, 8 Gareth Jones St., acting through its Director, Valentyn Valeriiovych Kyryk, who acts on the basis of the Charter, hereinafter referred to as the “Service Provider”,

guided by Articles 205, 633, 634, and Articles 638–644 of the Civil Code of Ukraine,

taking into account that the Service Provider is duly entitled and authorized to properly and fully conduct activities related to the supply of travel and related services, acting as an intermediary (agent) of airlines, insurance companies, hotels, car rental companies and other companies that directly provide the respective services, as well as embassies, consulates, passenger transportation companies, etc.,

hereby offers to individuals, legal entities, and individual entrepreneurs (sole proprietors), hereinafter referred to as the “Customers”, by way of accession to this agreement for the provision of travel services (hereinafter the “Agreement”), to order travel and/or related services by submitting an electronic request (application).

This Agreement is an offer and is posted/published on the Service Provider’s web page at: https://ideatravel.solutions.

This Agreement is a public agreement and its terms are identical for all Customers. The Customer may not propose its own terms of the Agreement. The Agreement may be concluded only by the Customer’s accession to the proposed Agreement as a whole. Unconditional acceptance of its terms shall be deemed the Customer’s acceptance (acceptance of this offer), for which purpose the Service Provider publishes this Agreement as follows:

1. TERMS AND DEFINITIONS

1.1. Offer — the Service Provider’s proposal addressed to any individual and/or legal entity and/or individual entrepreneur in accordance with Article 641 of the Civil Code of Ukraine to conclude the Agreement contained in this Offer.
1.2. Acceptance — the Customer’s response to the Service Provider’s Offer indicating its acceptance. Acceptance shall be deemed: (i) submission of an electronic application by the Customer and/or (ii) receipt of payment from the Customer in the amounts specified in the price list on the Service Provider’s website. Under applicable law, acceptance must be complete and unconditional (acceptance on other terms shall be deemed a new offer).
1.3. Customer — a user who has booked travel and/or related services using the Service Provider’s website and has paid for the booked services using one of the methods indicated on such website.
1.4. Travel and Related Services — transportation, hotel accommodation and other services not related to transportation and accommodation (including services for organizing visits to cultural, leisure and entertainment facilities, sale of souvenir products, etc.).
1.5. Website — the Service Provider’s internet resource located at https://ideatravel.solutions, which contains the Service Provider’s offers regarding travel and related services as well as the terms of their provision.

2. PROCEDURE FOR CONCLUDING THE AGREEMENT AND ACCEPTANCE OF THE OFFER BY THE CUSTOMER

2.1. This Agreement constitutes a proposal (offer) to enter into an electronic agreement. The Agreement is concluded by the Service Provider making the offer and the Customer accepting it.
2.2. The Service Provider offers to conclude this Agreement by posting the Offer on the Internet.
2.3. If the Customer agrees with the Offer, the Customer provides the Service Provider with a response of full and unconditional acceptance (acceptance) of the proposal to conclude this Agreement by performing any one of the following actions:
• submitting an electronic application on the Website;
• paying for the provision of travel and/or related services;
• accepting the terms of the Agreement by sending a message to the Service Provider’s e-mail address specified in this Agreement.

2.4. Acceptance of the public offer confirms the Customer’s full and unconditional consent to comply with the terms of the Agreement. By accepting, the Customer confirms that it has read and agreed to all terms of this Agreement. If the Customer does not agree with the terms of the Agreement, the Customer has no right to conclude it.
2.5. The Parties agree that it is impossible for the Customer to withdraw from an offer already accepted.
2.6. By accepting the terms set out in the Agreement and submitting information about itself, the Customer grants the Service Provider consent to process its personal data and the right to include such data in the Service Provider’s database.
2.7. After acceptance of the Agreement, the Customer is deemed to have been informed of the scope of its rights under the Law of Ukraine “On Personal Data Protection” and of the inclusion of its personal data in the Service Provider’s database.
2.8. The Service Provider has the right to unilaterally amend the provisions of this Agreement by publishing a new version on its Website.

3. SUBJECT OF THE AGREEMENT

3.1. This Agreement governs the legal relationship arising between the Service Provider and the Customer in connection with the provision of travel and/or related services to the Customer.
3.2. For the fee established in the price list published on the Website, the Service Provider undertakes to provide the Customer with a set of travel and/or related services, the scope of which has been accepted by the Customer.
3.3. Under this Agreement, the Service Provider represents the Customer before third parties that directly provide travel and/or related services. This Agreement constitutes sufficient confirmation of the Travel Agent’s authority and does not require additional written documents.
3.4. The services provided by the Service Provider under this Agreement are intended for consumption (receipt) both within the territory of Ukraine and outside it. The place of service provision is the country in which the Customer or its representatives are received by the host party and in whose territory travel and/or related services are directly provided.
3.5. Under this Agreement, the Service Provider carries out activities related to the supply of travel and/or related services. The direct providers of travel and/or related services to the Customer under this Agreement are airlines, hotels, insurance companies, and other tourism industry entities providing temporary accommodation (lodging), transportation, catering, excursion, entertainment and other travel services. The Parties acknowledge that the Travel Agent acts solely as an intermediary of airlines, insurance companies, hotels, car rental companies and other companies that provide the relevant services, as well as embassies, consulates, and passenger transportation companies.

4. ORDERING PROCEDURE, TIMEFRAMES AND PAYMENT TERMS

4.1. After reviewing the information on the terms for providing travel and related services published on the Website, the Customer has the right, at its discretion, to select any services posted by the Service Provider on the Website at the price specified in the price list and to order them by completing an electronic application.
4.2. When completing the electronic application, the Customer provides the following personal data and data of all persons traveling with the Customer:
• last name, first name, patronymic (as per the passport to be used for travel);
• date of birth;
• gender;
• mobile phone number.

4.3. The Customer confirms the accuracy of the data entered by the Customer on the Service Provider’s Website, as well as the data of persons traveling with the Customer, and assumes full responsibility for their accuracy, completeness and reliability.
4.4. Confirmation of the order for selected services is made by clicking the “Pay” button and after the funds are credited to the Service Provider’s account.
4.5.After confirming the order for selected services on the Website, the system will automatically redirect the Customer to the payment page. The Customer pays the issued invoice for services by bank transfer to the Service Provider’s current account, by payment using a bank card. The Service Provider reserves the right to cancel the offer of such services and/or refuse to provide services under the selected services or part thereof until the Customer pays for the confirmed order.
4.6. After payment, the Website system automatically saves a message with details of the travel services in the Customer’s personal account and, at the Customer’s request, may send it to the specified e-mail address. The Customer must verify the correctness of all data stated in the received message.
4.7. All monetary settlements (payments) under this Agreement shall be made in the national currency of Ukraine — the hryvnia (UAH).
4.8. Funds, except for the Service Provider’s remuneration, paid by the Customer to the Service Provider’s current account are transit funds and shall be further transferred to persons, firms, enterprises, institutions that directly provide travel services (including tour operators) and/or related services. Funds received by the Service Provider as a result of selling travel and/or related services belong to third parties that directly provide such services, and the Service Provider has no ownership rights thereto, except for the amount of its agency fee (remuneration).

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Service Provider undertakes to:
5.1.1. accept requests from the Customer in an agreed form through communication channels supported by the Website’s technical capabilities (e-mail, messengers, telephone, etc.) regarding the services under this Agreement;
5.1.2. inform the Customer about transportation rules, fares, terms for applying penalties, etc. by posting relevant information on the Website;
5.1.3. ensure booking of services and ensure (organize) the provision of services to the Customer in accordance with the Agreement and the Customer’s electronic application;
5.1.4. timely inform the Customer about changes in tour duration, flight conditions, accommodation, meals, as well as changes in the tour program, etc. by sending an e-mail to the address specified by the Customer and/or by exchanging messages in the Customer’s personal account and/or by phone specified by the Customer and/or by posting information on the Website.
5.2. The Customer undertakes to:
5.2.1. timely, upon first request, provide the Service Provider with all documents and information to the extent necessary for high-quality provision of services under this Agreement;
5.2.2. pay the cost of services in accordance with the terms of the Agreement;
5.2.3. timely receive the services under the Agreement, including arriving on time at the place where services begin as specified by the Service Provider, in any event no later than 2 (two) hours before the time of departure (flight), including in case the carrier changes the previously agreed departure (flight) time or flight;
5.2.4. timely inform the Service Provider via the communication channels provided by the Website (e-mail, messengers, telephone, etc.) of any changes or additions related to the services;
5.2.5. not violate public order and comply with the laws effective in the country of temporary stay; observe the rules of stay in the country of temporary stay, customs and traditions of the local population; comply with customs, border and sanitary rules of Ukraine and the country of temporary stay;
5.2.6. comply with internal rules and fire safety requirements at places of accommodation and stay;
5.2.7. observe personal safety rules during travel;
5.2.8. timely and fully pay for additional services at places of accommodation and stay;
5.2.9. compensate for damages caused by the Customer’s unlawful actions;
5.2.10.reimburse the Service Provider’s actually incurred costs in case of withdrawal from the Agreement before the start of the trip, and compensate losses caused to the Service Provider due to the Customer’s actions.
5.3. The Service Provider has the right to:
5.3.1. timely receive from the Customer complete and accurate information and documents to the extent necessary to provide services under this Agreement;
5.3.2. receive and retain actually incurred costs in case the Customer withdraws from the Agreement before the actual provision of services begins, and to compensation for losses caused to the Service Provider due to the Customer’s actions.
5.4. The Customer has the right to:
5.4.1. request from the Service Provider information on performance of the Agreement;
5.4.2. receive necessary and reliable information in accordance with applicable legislation in the area of consumer protection and tourism.

6. LIABILITY OF THE PARTIES

6.1. The Parties shall be liable for non-performance or improper performance of obligations under the Agreement in accordance with the applicable legislation of Ukraine and the provisions of the Agreement.
6.2. The Service Provider shall not be liable to the Customer and shall not refund the paid cost of ordered services nor compensate for moral damages in the following cases:
6.2.1. late, incomplete or incorrect payment for services;
6.2.2. late submission of changes or cancellation of the Customer’s application;
6.2.3. failure to appear or lateness of the Customer (persons traveling with the Customer) for check-in at the established departure location;
6.2.4. failure of the Customer (persons traveling with the Customer) to comply with the Carrier’s rules of conduct;
6.2.5. absence of a duly оформлено— (I’m leaving this as “properly issued” in English below) — properly issued international passport or other documents required for travel;
6.2.6. removal of the Customer (persons traveling with the Customer) from a flight during customs and border control and/or by order of local authorities or other institutions/organizations;
6.2.7. damages caused to the Customer (persons traveling with the Customer) by third parties during travel;
6.2.8. storage/safekeeping of the Customer’s baggage (persons traveling with the Customer);
6.2.9. damage to health, property, or baggage of the Customer (persons traveling with the Customer) due to the fault of the carrier;
6.2.10. losses incurred by the Customer (persons traveling with the Customer) due to cancellation of a flight by the carrier, changes in departure/arrival time of the carrier’s means of transport. All claims and lawsuits related to improper provision of transportation services shall be submitted directly to the Carrier in accordance with the applicable rules for passenger transportation (including air and sea carriage rules);
6.2.11. discrepancy between the provided services and the Customer’s unreasonable expectations and/or subjective assessment;
6.2.12. the Customer’s (persons traveling with the Customer) inability to use the ordered services due to violations of public order, causing harm (disturbance) to the environment or others, including due to being under the influence of alcohol or other violations of public conduct rules in public places, travel, or baggage transport;
6.2.13. non-use of services by the tourist (persons traveling with the Customer) on their own initiative or due to their fault, including due to illness.
6.3. If the Customer did not use the Service Provider’s visa processing services, the Service Provider shall not be liable for the tourist’s visa availability or validity.
6.4. The Customer bears full responsibility for the availability of necessary entry/exit documents (including for persons traveling with the Customer), transit documents through any third countries along the route, and baggage documents, and shall reimburse the Customer’s costs (note: your UA text says “compensates the Customer”; logically this should be “compensates the Service Provider” — I translated literally in structure but can correct to legal sense if you want) in case of violations of visa, border, customs, or migration rules, including costs that may arise due to fines, deportation, etc.
6.5. The Customer bears full responsibility in case of violation of applicable rules of travel, check-in, baggage transport, damage to the transport company’s property, violation of hotel accommodation rules, or non-compliance with the laws of the country of temporary stay. Fines shall be imposed on the guilty person in amounts provided by the applicable rules and regulations of the transport company, hotel, etc., of the country of temporary stay.
6.6. The Service Provider shall not be liable for non-compliance by direct service suppliers or their representatives with service provision terms and fare rules, as such terms and rules are within the exclusive competence of such suppliers.
6.7. The Parties shall be released from liability for partial or total non-performance of their obligations under the Agreement if such non-performance occurred as a result of force majeure circumstances that directly affected performance of the Agreement. Force majeure circumstances shall mean circumstances that arose after the conclusion of the Agreement as a result of unforeseeable, independent and unavoidable events. Such circumstances may be confirmed by generally known facts, regulations, publications in mass media and other means not requiring special proof.

7. DISPUTE RESOLUTION

7.1. In all matters not regulated by this Agreement, the Parties shall be governed by the applicable legislation of Ukraine.
7.2. The Parties shall endeavor to resolve any disputes and disagreements arising in connection with performance of this Agreement through negotiations.
7.3. If disputes arising between the Parties in connection with performance of this Agreement cannot be resolved through negotiations, such disputes shall be referred to the competent court of Ukraine for resolution under the substantive and procedural law of Ukraine.

8. TERM OF THE AGREEMENT

8.1. The Agreement enters into force from the date of its conclusion, which is determined in accordance with Clause 2.3 of the Agreement, and remains in force until the Parties fully perform their obligations.
8.2. The Service Provider has the right to unilaterally refuse to perform this Agreement by notifying the Customer by electronic means 14 (fourteen) days in advance. In case of early termination, the Customer may request a refund of the unused portion of services excluding penalties and payments to third parties that may be withheld by the Service Provider in accordance with this Agreement.
8.3. The Parties agree and confirm that the only version of the Agreement having legal force is the version posted on the Website. Amendments and additions are made by the Service Provider by approving and posting a new version on the Website. Such changes are valid and binding from the moment of their posting (publication) on the Website. By accepting the Agreement, the Customer gives full, unconditional and irrevocable consent to the procedure for amendments described in this clause.
8.4. The Parties confirm that they have voluntarily concluded the Agreement; that each Party has the necessary and sufficient legal capacity; and that the persons who authorized the Agreement have the necessary and sufficient authority. The Parties enter into legal relations under the Agreement on the basis of equality and confirm their full mutual administrative, public, commercial and any other independence.Each Party undertakes, when performing its obligations and exercising its rights under the Agreement or in connection with it, to act in accordance with generally accepted principles of good faith, fairness, reasonableness, and honest business practice.
8.5. The Agreement is concluded in the Ukrainian language with full understanding by the Parties of its content and terms.
8.6. Persons acting on behalf of the Parties have the relevant authority and are in no way restricted in concluding the Agreement, providing the statements and warranties set forth herein, and assuming the obligations under the Agreement; and in the event of any breach of the conditions of this clause, shall bear full liability provided by the applicable legislation of Ukraine and this Agreement.
8.7. If any part of the Agreement contradicts, does not comply with, or is prohibited by the applicable legislation of Ukraine, and such part is recognized invalid in the установленому порядку (duly established) manner, the Parties agree that the Agreement as a whole shall not be deemed invalid. If any provision of this Agreement is illegal, invalid or unenforceable, it shall not affect the remaining part of this Agreement, and instead of each such provision, the Agreement may include a provision containing terms as similar as possible to those contained in the illegal, invalid or unenforceable provision, while being legal, valid and enforceable.
8.8. All legal relations arising in connection with performance of the Agreement and not directly regulated by it shall be governed by the applicable legislation of Ukraine.

9. DETAILS OF THE SERVICE PROVIDER

LIMITED LIABILITY COMPANY “IDEA TRAVEL SOLUTIONS”
Registered/actual address: 04112, Kyiv, 8 Gareth Jones St.
Account No. (UAH): UA383052990000026000015003965
JSC CB “PrivatBank”, Kyiv
MFO: 320649
EDRPOU code: 43609903
Director’s phone: +380503572477
Phone: +380931702929
Corporate income tax payer under the general taxation regime
Extract from the taxpayers’ register No. 2226594500039 dated 12 January 2022
E-mail: welcome@ideatravelsolutions.com

Director: Valentyn Valeriiovych Kyryk