1. GENERAL PROVISIONS
1.1. The parties have agreed that this agreement is a public offer of PE Kulyk A (hereinafter referred to as the Contractor), the Customer (natural persons, legal entities, or individual entrepreneur) regarding the conclusion of the Agreement on the provision of transfer services (hereinafter referred to as the Agreement) as set out in The present Offer Conditions.
1.2. The Contractor shall transmit to the Customer reliable and complete data on the transfer services. Services are provided directly by the Client to the executor or third parties. An Executor may not be a taxi service, carrier, or owner of motor transport, and renders services only on the basis of a previous Order (reservation) of services provided by third parties, in connection with which he is not responsible for the life and health of the Customers (passengers)
1.3. Simultaneously with the placement of the order, the Customer, gives his irrevocable consent to receive messages that are informational and promotional in nature from the Executor. These messages may also be directly related to the execution of the Order. Messages can be sent to the mobile phone number and (or) the email address that the Customer has specified in his personal account or when ordering.
1.4. The Executor as much as possible contributes to providing the Customer with a Ukrainian-language, Russian-speaking or English-speaking driver, but does not guarantee it. In case of ignorance or knowledge of any language at an improper level by the driver – there can be no reason to present a claim to the Contractor.
1.5. In case of ordering a transfer service with additional addresses, any address located within or outside the city chosen by the Customer of the settlement will be considered as additional. Tariffing of additional races is determined according to the Executor’s internal rules. When placing an Order, the Customer specifies additional addresses, the Contractor shall calculate the Entry Price and notify the Customer.
2. TERMS AND DEFINITIONS
2.1. In this agreement the following terms and definitions are used:
Customer – an individual, legal entity or physical person-an entrepreneur, to whom the Customer provides an opportunity to order a transfer service.
Transfer – a comprehensive service, which may include the following services:
• Meeting the client (s) with the driver in a designated place with the A4 format plate with the text information specified during the order;
• Expected customer (s) in the specified place of meeting prior to their actual arrival;
• Driver’s assistance to the client (s) for the delivery of luggage from the meeting place to the vehicle, and the placement of luggage in the vehicle;
• A client’s journey by vehicle to the destination indicated on the order.
Rent a vehicle with a driver – Transport service, in which the client is provided with a driver with a vehicle. This service can be provided both within the settlement specified in the order and beyond, with the consent of the parties. In the case of rendering services within the city, the unit of measurement of the volume of services is considered 1 hour of the lease. Trips outside of settlements are charged at a distance in both directions, the unit of measurement is 1 KM.
Transport – this term summarizes all types of vehicles available to order.
Types of vehicles available to order:
• Standard cars, comfort, business and executive class up to four people and limousines
• Minivans with up to eight people
• Minibuses are designed for up to 22 landing places
• Buses, up to 75 seats
Website, Web-resource, Web-site – information resource, registered on the Internet at http://luxtransfer.com.ua
In this Agreement, terms that are not defined by the above-stated concepts may also be used. In such cases, the definition of such terms is carried out in accordance with the text of the Treaty.
3. LEATHER CAR RENTAL, MICROWAVE MONEY AND VEHICLE WITH DRIVER. TERMS OF PAYMENT.
3.1. An Executor renders services of lease of transport only with the driver and only within the framework of the previous Order. Orders are accepted at least 7 hours before delivery.
3.2. The minimum rental period for a driver is 2 hours. The right to determine the volume of the Minimum Order of Transport Lease remains with the Executor. In case of necessity to extend the terms of rent of transport, the Customer agrees to coordinate all changes with the Contractor by telephone.
3.3. The rental of transport with the driver can be paid in cash or in cash.
3.4. The service of renting a car is subject to payment irrespective of whether the Customer has used the service or not, the time of use of transport, the route, distance traveled, idle time, not by fault of the Contractor.
3.5. The rental of transport with the driver does not apply to trips to the airports, these trips are transfers and are subject to payment in an appropriate manner.
If the place of the start of the rental service is the airport, then the first hour of service is charged as a transfer, then the provision of a rental service to the driver begins.
3.6. In cases where the point of beginning of the provision of a rental service with a driver is a settlement other than the place of the Arranger, the transfer service to the specified settlement is added to the cost of the lease.
3.7. When rendering services for transportation on minivans, minibuses, buses do not provide assistance in the delivery and / or placement of luggage.
3.8. When ordering a transfer service by minivans, minivans, buses, the Customer undertakes to appoint an older group to resolve all organizational issues that may arise when performing the service. The Contractor is not responsible for the organization and collection of Clients at the specified dispatch point, and does not arrange the work of collecting Clients at the indicated dispatch point.
4. LIABILITY OF THE PARTIES
4.1. Obligations of the Customer:
4.1.1. Provide the Executor with the necessary and accurate information about his order, namely:
• Date, Time of service
• The address of the start point of the service
• Address to the point of completion of the service
• E-mail address and telephone (required by the Contractor for prompt communication with the Customer)
4.1.2. The Customer provides complete information on the Order, which will enable the Contractor to fulfill his obligations in an appropriate manner. In the event that the information was not submitted to the Executor in full or was inaccurate, the Contractor may change the cost of providing services unilaterally, or refuse to perform the service, and require the Customer to indemnify.
4.1.3. In the time specified in the order, arrive at the place where service begins.
Terms of free waiting for the Customer (passenger), in accordance with the Order:
• 20 minutes after arrival of train, long distance bus or arrival at the address
• 1 hour after landing at an airport
In case of non-arrival of the passenger and the expiration of the specified time, the order is considered fulfilled. The service is payable in full.
4.1.4. Do not damage the property of third parties. Do not smoke or drink alcohol in the cabin. The Customer guarantees to the Executor fulfillment of its obligations, including obligations for compensation of losses. Adhere to the rules of passenger transportation and baggage transportation, established by traffic rules and laws of Ukraine.
4.2. Performer’s duties:
4.2.1. To provide services according to the order of the Customer and the data provided in it.
The Contractor, after completing the Order, undertakes to send the Customer the route information to the service or the Order Notice, which includes:
• Make, model and registration number of the vehicle
• Driver’s Contact Number and Name
• Date, Time of service
• The starting point of the service
• Address of the end of the service
• In case of cash payment – the amount to be paid.
4.2.2. The Executor undertakes to render services to the Customer in the terms specified in the order.
In case of a technical malfunction of the vehicle, the Executor is obligated to replace the motor vehicle on a level basis.
4.3. Executor’s Rights:
4.3.1. Refine information for proper service delivery. The driver has the right to demand the presentation of documents confirming the identity of the Customer.
4.3.2. Refuse to service:
• in cases of technically impossible
• due to incorrect or incomplete transfer information
• Execution of actions by Clients threatening the driver’s life and health and property
• finding the Client (s) in the state of alcohol or drug intoxication
4.3.3. To make changes to the transfer service unilaterally (change of the route of passing, replacement of the vehicle on a level basis). The Contractor reserves the right to refuse to change the route during the execution of the service, but will provide all possibilities for providing the service to the Customer and proper fulfillment of the terms of this Agreement.
4.3.4. The driver may deviate from the time specified in the order of the vehicle for a period of not more than 15 (fifteen) minutes. This rejection does not entail the imposition of a fine and any compensation to the Customer.
5. RESPONSIBILITY OF THE PARTIES
5.1. Performer’s responsibility:
5.1.1. In case of cancellation of the trip by the Executor (refusal to execute the Order in less than 12 hours), this service is not paid by the Customer.
5.1.2. In case of delay of the Customer for the flight due to the Contractor’s fault, the latter shall reimburse the Customer for the reissue of the ticket, but not more than 5000.00 (thousand) hryvnias. In this case, the Customer is obliged to provide the Contractor with documents confirming the availability of these costs, as well as documents confirming the existence of the fault of the Contractor.
5.1.3. The Contractor shall be responsible for the actions of third parties involved in the provision of services under this Agreement, except for cases of damage to the life and health of passengers in the event of an accident. Responsibility for causing damage to the lives and health of passengers in the event of an accident is regulated and regulated within the liability insurance of the owner of the vehicle (OSAGO and CASCO policies)
5.2. Customer’s responsibility:
5.2.1. In case of trip breakage due to Customer’s fault, namely:
• absence of the Customer in the indicated place and time
• incorrect indication of time, Start order execution point
• cancellation of the Order in the term less than indicated in the Route Transfer Receipt
the service is deemed to be executed in full and payable in full amount.
5.2.2. In case of violation of п.4.1.4. The Customer undertakes to compensate damages incurred by him.
6. PROCEDURE FOR SOLVING DISPUTES
6.1. In the event of disputes and disagreements between the Parties as a result of the implementation of this agreement, the parties will be able to resolve them by negotiation and / or referral of claims.
6.2. Claims of the Parties shall be sent in writing. The term for consideration of the claim by the executor is 7 (seven) working days from the moment of receipt.
6.3. The Parties also agreed that the Services are deemed to be executed properly by the Contractor and accepted by the Client in full, if upon completion of the provision of the Service the Contractor has not received written objections from the Client within 3 (three) days. After the expiration of this term, the Customer’s claim regarding services performed is not accepted.
6.4. The Customer undertakes, at his own expense, to settle disputes and settle Claims of third parties regarding the materials placed, or to compensate the losses (including legal costs) incurred by the Contractor in connection with claims and actions, the basis of which the presentation of which was the placement of the Customer’s materials.
7. FINAL PROVISIONS
7.1. When placing an Order for the provision of transport services, the Customer agrees to use any means of his or her personal data in part of the name, surname, patronymic, contact phone number, e-mail address, postal address, as well as personal data of the third parties specified in the transferred Performer documents, solely within the framework of the implementation of this Agreement.
7.2. The customer accepts the terms of this offer. The Contractor reserves the right to amend and supplement this Agreement without additional notice from the Customer.
7.3. The Contractor guarantees the confidentiality of the personal information of the Customer, provided to them at the time of execution of the Order for the provision of transport services.