This document is a public offer and a public contract in accordance with Art. 633, 641 and Ch. 63 of the Civil Code of Ukraine, its terms are the same for all consumers and addressed to any person (hereinafter the Customer), is an official offer of the individual entrepreneur "Olefirenko Oleksandr Vasylovych" (TIN 2883818575), hereinafter "BUSINESSBUS", and contains all the essential conditions for the provision of information services aimed at providing the Customer with third-party transport services. In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, an application for the provision of the Service is an acceptance of this offer, which is considered equivalent to the conclusion of the Agreement on the terms set out in the offer. Please carefully read the text of the public Offer, and if you do not agree with any point, you are invited to refuse the provision of Services provided by the Carrier or Dispatcher under the terms of this Offer and conclude an individual agreement (in writing) with "BUSINESSBUS".
‍DEFINITION OF THE OFFER
‍"BUSINESSBUS" services are information and dispatch services for the selection and transmission of customer applications for third-party services performed by Carriers.
‍Application - information received by the Dispatcher/Operator from the Customer about the order for a transport service performed by the Carrier (the route of the Carrier's vehicle between the points of departure and destination).
‍Order - processed by "BUSINESSBUS", using technical, electronic means, the Customer's Application for receiving a transport service performed by the Carrier. ‍Subdivisions:
‍FOP "Olefirenko Oleksandr Vasylyovych" is a performer of information and dispatching services, responsible for collecting, processing and providing the Carrier with information about orders for transport services received by the dispatching/operating service of the order "BUSNESBUS".
"Carrier" - an individual engaged in entrepreneurial activity or a legal entity that is a performer of transport services, carries out direct transportation of Customers (with/without hand luggage), is also a Customer of information and dispatching services "BUSNESBUS".
"Customer" - an individual or legal entity that sent "BUSNESBUS" information about an order for third-party services, is also a client (passenger) of the Carrier.
"Acceptance" - the Customer's full and unconditional acceptance of the terms of this Offer by placing an Order for the information and dispatching Service of the Dispatching/Operating Service according to this Offer. And also indicates that the Customer understands the meaning of his actions, all the terms of the Offer are clear to him, the Customer is not under the influence of error, deception, violence, threat and the like.
"Luggage/hand luggage" - the Passenger's belongings carried by the Passenger with him.
"Route" - the path of the Carrier's vehicle between the points of departure and destination specified by the Passenger.
The Offer may use concepts and terms not defined in the clauses of this Offer. In these cases, the interpretation of concepts and terms is made in accordance with the text and meaning of this Offer. In the absence of an unambiguous interpretation of a concept and term in the text of the Offer, the interpretation of concepts and terms should be guided by: first of all - defined on the "BUSINESSBUS" website, secondly - in accordance with civil legislation and business customs. The offer comes into force from the moment of its placement on the "BUSINESSBUS" website.
‍OBJECT OF THE OFFER
‍The provision of information and dispatching services is carried out by "BUSINESSBUS", which provides information and dispatching services for the round-the-clock reception and processing of Customer Applications, to provide them with services of third parties - Carriers. The provision of third party services is carried out at the request of the Customers, along the route and within the time frame based on information about the application received from the Customer. "BUSINESSBUS" transfers information about the Order to the Carriers, informs about the cost of transport services based on the tariffs approved by the direct performers of these services - Carriers. "BUSINESSBUS", using technical means, informs the Customer about the status of the Order by phone, via SMS or other technical means.
‍PROCEDURE FOR PROVISION OF SERVICES
‍Acceptance by the Customer of the terms of this Offer by performing any of the following actions of this Offer:
Ordering a vehicle by phone "BUSINESSBUS";
Ordering a vehicle on the official website of "BUSINESSBUS";
Ordering a vehicle from a representative in a separate division of "BUSINESSBUS";
Other conclusive actions.
The Customer is responsible for the content and reliability of the information provided when submitting the Application. The Customer guarantees his solvency, that he has the full right and authority to delete and execute this Offer when placing the Order. After placing the Order, the Customer's data is registered in the database. The Dispatcher/Operator does not change or edit the Customer's information without his consent. The Dispatcher/Operator reserves the right to refuse, without giving reasons, information and dispatch services to the Customer who disagrees with the terms of this Offer. Telephone conversations may be recorded for the purpose of internal control of the activities of "BUSINESSBUS" and quality control of the execution of Orders. The Customer has the right to send all claims for improper execution of information and dispatch services by telephone - in the form of an oral message or by sending an electronic message via the official website or in writing, by sending a letter by mail. Due to the constant improvement of the technology of providing Services, "BUSINESSBUS" has the right to change the terms of the Offer unilaterally. All information materials presented on the official website are for reference only and cannot fully convey reliable information about certain characteristics of the information and dispatching Services of the Dispatching/Operator Service. If the Customer has any questions regarding the characteristics of the information and dispatching Services of the Dispatching/Operator Service, before placing an Order, he must seek advice from the managers of "BUSINESSBUS".
‍OBJECTIVES OF "BUSINESSBUS"
‍Receive and process Orders for Dispatcher/Operator Service Services to provide Customers with a vehicle by third parties to transport passengers on time along the route based on the Customer's information. Transfer Orders to Carriers, taking into account their location, for the fastest possible delivery of the vehicle. Inform the Customer about the cost of the transport service provided by the Carrier based on the tariffs received from the latter. Inform the Customer about cases of forced delay of the Carrier's vehicle. Consider Customers' claims regarding the quality of the information, dispatcher, and tourist services provided and take measures to resolve possible disputes.
‍CUSTOMER'S OBLIGATIONS
‍For timely provision of the transport service provided by the Carrier, contact "BUSINESSBUS". Take into account the number of seats and the volume of the cargo compartment in the Carrier's vehicle. When ordering a vehicle, inform the Dispatcher/Operator of the telephone number for contacting the Customer and/or passenger, time, place of boarding, place of arrival of the vehicle, travel route, necessary conditions of transportation (availability of luggage, animals, etc.) and other information that may be essential. Guarantee the proper behavior of all passengers, their condition during the execution of the Order, the proper behavior and condition of the animals being transported, their luggage, their compliance with the Order and the transport. Use the vehicle provided by the Carrier for its intended purpose. Maintain cleanliness and order throughout the route in the Carrier's vehicle. Report forgotten items in the Carrier's vehicles to the Dispatcher/Operator at the numbers specified on the official website of "BUSINESSBUS". After submitting the Application, monitor the SMS notification and incoming calls from "BUSINESSBUS" or the Carrier. Not later than 24 hours before the intended start of the trip, notify the dispatcher/operator service of the refusal to order transport services provided by the Carrier.
PAYMENT PROCEDURE
‍The cost of services is announced by the employees of "BUSINESSBUS" based on the tariffs provided and approved by the Carrier. Payment for services performed by the Carrier is made directly to their performer or through "BUSINESSBUS" (by issuing an invoice to a current account, by bank card, in cash) according to the tariff displayed in the application. The price of the service is formed from the actual cost of the Carrier's service, tariff, fees and taxes, taking into account the remuneration to the third party participating in the conclusion of the Agreement.
GENERAL RULES. REFUND
‍Refunds are always carried out in accordance with the current legislation of Ukraine, the rules for applying tariffs established by the Carriers. The procedure for processing a refund application and the technical procedure for refunding funds to the Buyer are regulated by the Rules and Features of the refund for each individual, specific service. The cost of Services of FOP "Olefirenko Oleksandr Vasylyovych" is charged simultaneously with payment for services and is not subject to refund. The cost of services of FOP "Olefirenko Oleksandr Vasyliovych" is 10% of the total cost of the service. Processing of the application for a refund and direct refund of funds to the Buyer are exclusively within the competence of the Service Provider, and are carried out according to the rules and within the terms established by the latter. To return the funds, you must contact the operator "BUSINESSBUS" by phone to fill out an application for a refund of funds. The funds are returned within 30 banking days.
RULES FOR PROVISION OF SERVICES TO THIRD PARTIES
‍The number of passengers in the Carrier's vehicle must not exceed the number of seats specified in the vehicle's technical specifications. The Carrier's vehicles are prohibited from transporting cargo whose total weight exceeds the standard load capacity of the trunk of the serving vehicle established by the manufacturer. The Carrier's vehicles are prohibited from transporting dangerous (flammable, explosive, toxic, corrosive, etc.) substances, cold weapons and firearms without covers and packaging, items (objects) that contaminate vehicles or passengers' clothing. If all items transported by passengers can simultaneously fit in the trunk of the serving vehicle, they are transported without additional payment. In this case, by agreement with the Carrier, they are placed either in the trunk or in the passenger compartment. If the total volume of items transported by passengers exceeds the volume of the trunk of the Carrier's Vehicle, an additional fee is charged according to the Carrier's current tariffs. Items that can pass freely through the door openings, do not soil or damage the seats, do not interfere with the Carrier's ability to drive the vehicle and use the rear-view mirrors are allowed to be transported in the Vehicle. Dogs in muzzles with leashes and litter boxes, small animals (no larger than a cat) and birds in cages (baskets, boxes, containers, etc.) with a solid bottom are allowed in the Carrier's vehicles, if this does not interfere with the driver's ability to drive the vehicle and use the rear-view mirrors. An additional fee is charged according to the Carrier's current tariffs.
LIABILITY OF "BUSINESS"
‍"BUSINESSBUS" is liable for failure to fulfill its obligations in accordance with the legislation of Ukraine in terms of the quality of the provision of information and dispatching services in accordance with the terms of this Offer. The providers of transport services ordered through "BUSINESSBUS" are fully responsible for the quality of the services provided by them. "BUSINESSBUS" is not liable for interruptions in the provision of information and dispatching services in the event of failures of software or equipment belonging to or not belonging to "BUSINESSBUS". "BUSINESSBUS" is not liable for full or partial interruptions in the provision of information and dispatching services related to the replacement of equipment, software or other work caused by the need to maintain the operability and development of "BUSINESSBUS" technical means. "BUSINESSBUS" is not liable for losses, lost profits incurred by the Customer, Carrier, as a result of using information and dispatching services. "BUSINESSBUS" under no circumstances is liable for the actions (inaction) of third parties: the Customer, the Carrier and for circumstances of force majeure that cause moral and (or) material damage (including real damage, as well as lost profit), regardless of whether the Dispatcher could foresee the possibility of such damage and the possibility of its elimination or not. "BUSINESSBUS" does not act as a co-supplier of the Service Provider whose Service was selected by the User; and does not participate in disputes between the Buyer and the Service Provider or the Company providing the service.
CUSTOMER'S LIABILITY
‍The Customer is responsible for fulfilling its obligations in accordance with the legislation of Ukraine. In the event of the Customer's refusal of the Application after the arrival of the Carrier's vehicle, without good reason, the funds will not be returned to the Customer. The Customer is fully responsible for compliance with the requirements of current legislation when using the Dispatcher's information and dispatch services, which are the subject of this Offer, including for the reliability of the information provided by "BUSINESSBUS".
TERM OF PROVISION OF SERVICES
‍The route, date, time of departure are displayed in the Email "Order Number". The fact of completion of the service provision is arrival at the final destination specified in the "Order Number".
‍FORCE MAJEURE
‍An integral part of this Agreement is a force majeure clause (the occurrence of unforeseen force majeure circumstances, i.e. extraordinary and unavoidable circumstances, under specific conditions of a specific period of time). The Parties to this Agreement include the following as force majeure circumstances: natural phenomena (earthquake, flood, lightning, mudslide, landslide, etc.) war and military actions, explosions, epidemics: moratoriums of government and management bodies, acts of government bodies that directly relate to the subject of this Agreement; strikes, rallies organized in accordance with the established procedure; street closures by the Police, accidents and traffic jams on the roads, repair of road surfaces or buildings with appropriate street closures. In the event of force majeure circumstances, the Party that cannot fulfill its obligations under this Agreement must notify the other Party immediately.
PROCEDURE FOR RESOLUTION OF DISPUTES
‍Disputes and disagreements related to the implementation of this Offer shall be resolved through negotiations, correspondence and in accordance with the procedure established by law. If it is impossible to resolve disputes through negotiations, they shall be resolved in accordance with the current legislation of Ukraine in court.
SPECIAL CONDITIONS
‍If the execution of the Customer's orders has resulted in the imposition of penalties or losses, they shall be subject to compensation by the Customer in accordance with the current legislation of Ukraine. The Carrier bears full responsibility for causing damage to passengers and cargo of the Customer in the event of an accident. By agreeing to the terms of the Offer in its current version, the Customer agrees to SMS-informing. The Carrier and the Customer hereby consent to receiving from "BUSINESSBUS" information messages (SMS, including advertising messages) to their phone number, e-mail, etc. Sending information messages of any (not illegal) nature (advertising, informational, etc.) is terminated by the Dispatcher based on a written application from the Carrier or the Customer. By agreeing to the terms of the Offer in its current version, the Customer and the Carrier express their consent to receive advertising information distributed over communication networks for the purposes and in cases where the need for such consent is provided for by regulatory legal acts on advertising and other legislation of Ukraine. "BUSINESSBUS" reserves the right to change any of the terms of this Offer at any time by publishing the text of the changed clause or a new Offer on the website, or by publishing in the media. The new version of the Offer comes into force immediately after these changes are made on the "BUSINESSBUS" website or publication. If the Customer continues to submit an Order for the provision of information and dispatching services, this confirms his acceptance of the changes to this Offer or the new Offer. In everything not stipulated in this Offer, the parties are guided by the current legislation of Ukraine. If any part of this Agreement is found to be illegitimate or unenforceable, this shall not invalidate this Agreement as a whole.
PERSONAL DATA
‍By placing an Order for the information and dispatching service "BUSINESSBUS" and leaving any information about himself, the Customer unambiguously and voluntarily consents and allows the Contractor to perform any action or set of actions in whole or in part in the information (automated) system and/or file of personal data related to the collection, registration, accumulation, storage, adaptation, change, update, use and dissemination, including the sale and transfer, depersonalization, destruction (hereinafter collectively - processing) of all personal data transferred by the Customer for an unlimited period of time for the purpose of providing the Services provided for by the Agreement, ensuring the implementation of civil and economic legal relations, preparing, in accordance with the requirements of the law, statistical, administrative and other information on the economic activities of the business entity, as well as maintaining tax and accounting records, distributing electronic thematic newsletters and/or other information related to the activities of the Contractor, subject to compliance with their protection in accordance with the requirements of the Law of Ukraine "On Personal Data Protection" dated June 1, 2010, No. 2297-UI. The Customer also confirms the absence of any reservations regarding the restriction of the right to process the personal data transferred by him, as well as his voluntary consent to the use of such data by the Contractor, granting the right to process, access and distribute to any third parties for the above purposes for an unlimited period without notification of such transfers of personal data.
TERM OF VALIDITY OF THE OFFER
‍The Terms of the Offer come into force from the moment of submitting an application for the Service in the manner established by this Offer and are valid indefinitely.