PUBLIC OFFER AGREEMENT FOR THE PROVISION OF SERVICES
FOP (fizychna osoba-pidpryiemets, i.e. individual entrepreneur — a natural person registered as a sole trader under Ukrainian law) DELIKATNYI VIKTOR PETROVYCH (hereinafter the “Intermediary”), acting on the basis of an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs (date and number of the record of state registration of the individual entrepreneur: 30.09.2019, 2 360 000 0000 004896), on the one part, hereby offers to an unlimited number of natural persons, hereinafter the Client or the Customer, on the other part (hereinafter jointly the Parties), to accept this Public Offer (to enter into a service agreement)
The Offer is public and, pursuant to Articles 633 and 641 of the Civil Code of Ukraine, its terms are the same for all Clients. Unconditional acceptance of the terms of the Offer (payment by any method in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) shall be deemed acceptance of this Offer (hereinafter the Agreement) by the Intermediary and the Customer, and the Agreement itself shall be deemed to be automatically concluded.
1. DEFINITIONS
1.1.Public Offer means a formal proposal of the Service Provider (published on the Intermediary’s Website), addressed to an unlimited number of natural persons, to enter into the Agreement on the specified terms.
1.2.Intermediary’s Website means the web page on the Internet at https://helitour.com.ua, which is the main source of information for Customers.
1.3.Acceptance means full, unconditional and unreserved acceptance by the Client of the terms of the Public Offer, of this Agreement.
Acceptance may be effected in one of the following ways:
1.3.1.completion by the Customer of the dedicated Request form placed on the Intermediary’s Website; the Customer bears full responsibility for the accuracy of the data provided by the Customer.
1.3.2.payment by the Customer for the Service Provider’s services according to the rates stated on the Intermediary’s Website;
1.3.3.Any of the actions specified in clause 1.3, taken separately, performed by the Customer, shall evidence that the Customer has read this Agreement and agrees to its terms in full.
1.4.Client, Customer means a natural person who has Accepted the Intermediary’s Public Offer set out in this Agreement and has paid the price of the relevant service, and also a person who has received a certificate from the Intermediary as a gift from a third party.
1.5.Certificate means a physical medium made in the form of a plastic or cardboard card with an individual serial number, which confirms the Client’s entitlement to use the Service Provider’s services within its period of validity, after its activation with the Intermediary. Each Certificate is accompanied by information materials about the Service Provider’s services and the terms of use of the Certificate, including its period of validity. The Certificate is valid for 6 (six) months from the date flights resume.
1.6.Rules for the Provision of the Relevant Services – the terms of provision of the Services selected by the Customer under this Agreement, which form an integral part hereof and are the sole source of regulation of all relations between the Customer and the Intermediary arising in the course of provision of the Services. All advertising, presentation and other materials created and existing for the purpose of providing information about the Intermediary’s services are for information and reference purposes only and are not a source of regulation of all the terms of provision of the Services.
1.7.Services means activities aimed at popularising light (general) aviation in Ukraine, carried out to increase the level of knowledge in the field of light aviation of the Clients engaged by the Intermediary, the programme of which may include:
– conducting excursions on the premises of aero clubs, airstrips, in hangars, etc.;
– familiarisation with air sports and with aircraft that belong to light aviation;
– familiarisation with the specifics of operating and piloting aircraft;
– conducting demonstration and/or familiarisation flights on aircraft;
– provision of aviation educational and training services;
– holding sports festivals, competitions, celebrations, shows, exhibitions, seminars and advertising campaigns to popularise light aviation.
This list of the Service Provider’s services is not exhaustive. The Service Provider may adjust the scope of the services provided at the time of their provision to Clients, at its own discretion.
1.8.The Service Provider bears full responsibility for the airworthiness of the aircraft it uses to provide services to Clients, for the safety of their operation, and for obtaining all necessary permits, licences, certificates and other documents required to provide services of this kind in the territory of Ukraine
2. SUBJECT OF THE AGREEMENT AND PAYMENT FOR SERVICES
2.1.This Public Offer (Agreement) sets out the specifics of provision of the services listed in this Agreement.
Conclusion of the Agreement means that the Customer:
– has read the rules for the provision of services to the extent the Customer deems necessary;
– accepts all the terms of this Agreement without reservation.
2.2.The Services are provided to the Customer exclusively on a prepaid basis, by the Customer paying for the services. The Customer shall pay the price of the services on time and in full, in accordance with the price set by the Service Provider in the form of an invoice. The price of the services under this Agreement is published on the Intermediary’s official website.
2.3.The Services are provided from the moment of the Client’s Acceptance of the terms and provisions of this Agreement, and on the date set.
2.4.The Client pays for the Services by transferring funds for the services to the Intermediary’s current account.
2.5.The Intermediary has the right to change the rates for services unilaterally. The Intermediary publishes information about such changes on its official website.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1.The Customer has the right to:
3.1.1.Receive necessary and accurate information about the Service Provider, the scope of services to be provided, and other information related to the provision of services.
3.1.2.Receive from the Intermediary accurate information about the terms of ordering and paying for the Certificate and the rules for its use, and also receive information about the Service Provider’s services published on the website: https://helitour.com.ua/
3.1.3.Approach the Service Provider with improvement proposals regarding the process of provision of services.
3.1.4.Refuse the services of the Intermediary or the Service Provider without reimbursement of any monetary compensation by the Intermediary or the Service Provider.
3.2.The Customer undertakes to:
3.2.1.Provide complete and accurate information necessary to identify the Customer.
3.2.2.When approaching the Intermediary and/or the Service Provider for the provision of services, not to violate the requirements of the applicable legislation or generally accepted standards of morality and ethics, and not to use the results of the services provided by the Intermediary and/or the Service Provider for unlawful purposes that may result in a violation of the rights and legitimate interests of the Intermediary and/or the Service Provider and/or third parties.
3.2.3.By acceding to this Public Offer, the Customer consents to the Intermediary and/or the Service Provider using the Customer’s personal data within the framework of the Law of Ukraine “On Personal Data Protection”.
3.2.4.Use the Certificate solely on the terms of this Agreement.
3.2.5.Not to reproduce, duplicate, copy, sell or carry out trade transactions with the Certificate for any purpose.
3.3.The Intermediary has the right to:
3.3.1.Engage third parties with the necessary qualifications to provide a particular type of service in order to perform its obligations.
3.3.2.Verify the information provided by the Customer, as well as the Customer’s compliance with the terms of the Agreement.
3.3.3.Refuse to provide services to the Customer if:
– the Client has breached its obligations under the terms of the Agreement and the Flight Safety Rules;
– the Client uses the results of the services provided for unlawful purposes that harm or may harm the rights and legitimate interests of the Service Provider and/or third parties.
3.4.The Intermediary undertakes to:
3.4.1.Ensure that the Customer is able to receive services of proper quality in accordance with this Agreement and the Rules for the Provision of the Relevant Services.
3.4.2.Ensure that the Client is able to obtain information on matters relating to the provision of services.
3.4.3.Ensure that the Customer is able to receive the services.
3.4.4.Consider Clients’ improvement proposals regarding the improvement and quality of the provision of services.
4. TERMS OF PROVISION OF SERVICES BY THE SERVICE PROVIDER
4.1.Only persons who have reached 18 years of age may use the Service Provider’s services on their own. If the Client is under 18 years of age, the mandatory written consent of the Client’s parents permitting the use of the Service Provider’s services is required, as well as their presence on site on the day and at the time the Service Provider provides the services.
4.2.The Client must personally arrive at the place where the Service Provider provides the services, on the date and at the time specified by the Intermediary, punctually. If the Client fails to arrive at the place of provision of services by the Intermediary on the specified date and time and/or is late for the appointed time, and has not notified the Intermediary or the Service Provider of being unable to arrive, the Intermediary and/or the Service Provider have every right to refuse to provide the services to the Client and/or to reduce their duration in proportion to the time of the delay.
4.3.While the Service Provider is providing the services, the Client must be sober and in an adequate state and must follow all the instructions of the Service Provider; otherwise the Intermediary and/or the Service Provider have every right to refuse to provide the services to the Client.
4.4.Before the start of the provision of services, the Service Provider will familiarise the Client with the rules of conduct at the place of provision of services and will give a safety briefing orally or in writing. The Client’s safety during the provision of the Service Provider’s services depends on the Client’s unconditional compliance with all the terms of this Agreement, the rules of conduct at the place of provision of services, the safety rules, and all instructions that the Service Provider gives to the Client.
4.5.Once the Service Provider has finished providing the services to the Client, the Certificate shall be deemed used and may not be activated again.
4.6.Responsibility and obligations of the Client during the provision of services by the Service Provider.
4.6.1.By activating the Certificate and expressing the wish to use the Service Provider’s service, the Client fully confirms its legal capacity.
4.6.2.The Client understands that the Service Provider’s services are extreme activities involving a risk to health, and agrees to use the Service Provider’s services of its own free will, at its own risk and peril, and assumes full responsibility for its own health, safety and life.
4.6.3.On the day the Service Provider’s service is provided, the Client must be physically healthy. The Client makes the decision independently and bears sole responsibility for its physical condition and health. The Intermediary and the Service Provider bear no responsibility whatsoever for the Client’s state of health and/or for any possible harm caused to the Client’s health for any reason.
4.6.4.The Client undertakes not to use the Service Provider’s services if the Client has health problems such as:
– a post-operative period or a prohibition on physical and mental exertion;
– diseases of the cardiovascular system, such as congenital or acquired heart defects, heart failure and others;
– diseases or injuries of the musculoskeletal system (serious spinal injuries, injuries of the legs or pelvic bones, etc.);
– serious diseases of the respiratory system;
– mental and neurological disorders, including those with suicidal tendencies;
– epilepsy;
– signs of acute respiratory viral infection or other respiratory viral diseases;
– signs of excess weight, namely a body weight of more than 120 kg;
– other types of personal incompatibility with the loads arising in the course of provision of services by the Service Provider.
This list is not exhaustive, but in any case the Intermediary recommends that the Client consult its own doctor before deciding to use the Service Provider’s service. It is also not recommended that pregnant women and persons under 16 years of age use the Service Provider’s services.
4.6.5.The Client bears full responsibility for any damage that may be caused to its health as a result of personal carelessness, negligence, inattention, overconfidence, or intentional or unintentional breach of the terms of this Agreement, the rules of conduct at the place of provision of the Service Provider’s services, the safety rules and the Service Provider’s instructions during the provision of services to the Client, as well as of unforeseen circumstances beyond the control of the Client and/or the Service Provider that may arise during the provision of services by the Service Provider.
4.6.6.The Client bears full responsibility for any damage that may be caused to its health if the Client has decided to use the Service Provider’s services despite having health problems.
4.6.7.The Client and the persons invited by the Client bear full responsibility for damage to the equipment, inventory, gear, machinery and other means provided to them for the duration of the provision of the Service Provider’s services. In the event of damage, the person who caused it must independently resolve all disputes that arise and compensate the Service Provider in full for the losses caused, as stated by the Service Provider.
4.6.8.The Client undertakes to comply with all the terms of this Agreement, the rules of conduct at the place of provision of the Service Provider’s services, the safety rules and all instructions of the Service Provider during the provision of services.
4.6.9.The Client, having paid for the goods and services of the Intermediary, confirms by the fact of payment and the fact of activation of the Certificate that it has read the terms of this Agreement and accepted them in full, and that the Client has been given all information about the Service Provider’s services in an intelligible form and in full.
4.7.Change of the date and/or time of provision of services to the Client by the Service Provider.
4.7.1.The Intermediary reserves the right to change the date and/or time of provision of services to the Client by the Service Provider in the event of unforeseen circumstances (weather, technical, force majeure, etc.) that the Intermediary and/or the Service Provider cannot influence in any way, having informed the Client of such changes in advance.
4.7.2.If the Client cannot arrive on the date and/or at the time of provision of services by the Service Provider appointed by the Intermediary for reasons beyond the Client’s control (state of health or other force majeure circumstances), the Client must notify the Intermediary thereof 2 working days before the date of provision of services by the Service Provider appointed by the Intermediary. In such a case, the Intermediary will consider, on an individual basis, the possibility of changing the date and/or time of provision of services to the Client by the Service Provider.
4.7.3.After activation of the Certificate, the Client has the right to change the date and/or time of provision of services to it by the Service Provider no more than three times. If, after the third change of the date and/or time of provision of services to it by the Intermediary, the Client fails to arrive at the place of provision of services by the Intermediary on the specified date and time and/or is late for the appointed time, the Certificate shall be deemed used and may not be activated again, and the money paid for the Certificate shall not be refunded.
4.8.Changes to the type and/or list of services provided by the Service Provider.
4.8.1.If the Service Provider is unable, for force majeure, technical, weather or other reasons, to provide the Client with the services covered by the Certificate, the Intermediary or the Service Provider will notify the Client of such inability in advance and offer the Client another alternative option. For the duration of force majeure circumstances (in particular, martial law and the temporary suspension of flights), the period of validity of the Certificate is counted from the date flights resume. The terms of extension of Certificates valid as of 24.02.2022 are considered by the Intermediary on an individual basis upon the Client’s request.
4.8.2.If the Client wishes, on its own initiative, to change the services covered by the Certificate to one of the Service Provider’s services presented on the website https://helitour.com.ua/, the Client must pay the Intermediary the difference in price if the price of the Certificate chosen by the Client is higher than that of the previously purchased Certificate. If the Client has chosen a Certificate of lower value than the previously purchased Certificate, the difference in price shall not be refunded to the Client in such a case.
5. OTHER TERMS
5.1.Dispute resolution procedure and applicable law.
5.1.1.All disagreements and disputes that may arise in the course of provision of services by the Service Provider in connection with the acceptance, performance and/or breach of the provisions of this Agreement and all annexes hereto shall be settled through negotiations between the Parties.
5.1.2.If no agreement is reached through negotiations, the Customer reserves the right to submit claims, which must be considered by the Intermediary within a reasonable time with a view to settling disagreements and disputes out of court.
5.1.3.If the Parties fail to reach agreement through negotiations and settlement out of court is impossible, all disputes and disagreements shall be resolved in court at the location of the Intermediary.
5.1.4.The relations of the parties arising from the acceptance and performance of this Agreement and all Annexes hereto shall be governed by the applicable rules and provisions of the legislation of Ukraine to the extent that this does not contradict the mandatory rules of the law of Ukraine.
5.2.Limitation of the Intermediary’s liability:
5.2.1.The Parties understand and acknowledge that a discrepancy between the result of the provision of a particular service and the result that the Customer expected and wished to obtain when requesting the relevant service does not in itself constitute provision of such service of improper quality.
5.2.2.The Intermediary shall not be liable for improper performance or non-performance of its obligations under this Agreement upon the occurrence of force majeure circumstances: fire, epidemic, earthquake, terrorist act, flood, hurricane, storm, other natural disasters, weather conditions and cataclysms, military operations of any kind, strikes, the introduction of a state of emergency or martial law, failure to issue to the Service Provider the documents necessary to provide services to the Client, changes in the legislation of Ukraine, actions of regulatory authorities, actions of carriers related to technical breakdowns of equipment, mechanical damage, closure or interruption of transport provision, etc.
5.2.3.The Intermediary shall not be liable for any direct or indirect losses, or for any possible harm to health, or pecuniary and non-pecuniary (moral) damage sustained by the Client while using or being unable to use the Certificate.
5.2.4.The Intermediary shall not be liable for any direct or indirect losses sustained by the Client during the provision of services by the Service Provider.
5.2.5.The Intermediary shall not be liable for a failure in the Client’s use of the Certificate, or for a failure during the provision of the Service Provider’s services caused by third parties or weather conditions.
5.3.Final provisions.
5.3.1.The Intermediary reserves the right to amend this Agreement unilaterally at any time.
5.3.2.All amendments to this Agreement are published on the Intermediary’s Website.
5.3.3.All amendments to this Agreement take effect from the moment of their publication on the Intermediary’s Website.
5.3.4.Amendments made that have taken effect apply to all Customers.
5.3.5.Clients shall be deemed notified of amendments made to the Agreement from the moment such amendments are published on the Intermediary’s Website.
5.3.6.All Annexes to the Agreement form integral parts of this Agreement and are binding for performance and compliance.
6. LIABILITY OF THE PARTIES
6.1.The Parties bear liability as provided for by the applicable legislation of Ukraine.
6.2.The Parties shall not be liable for a breach of their obligations under this Agreement if it occurred through no fault of theirs. A Party shall be deemed not at fault if it proves that it has taken all measures within its control to properly perform the obligation.
6.3.Neither Party shall be liable for non-performance or improper performance of its obligations under this Agreement if such non-performance or improper performance is caused by force majeure circumstances.
7. TERM OF THE AGREEMENT
7.1.This Public Offer agreement is effective from the moment the Customer accedes to it by accepting it as set out in clause 1.3 of this Agreement.
7.2.The Client has the right to terminate this agreement if the Service Provider fails to comply with its terms or if the services are no longer needed. The Customer must notify the Service Provider of the termination of the agreement in writing one month prior to termination.
7.4.Upon publication of this Public Offer Agreement on the Service Provider’s website, all prior arrangements that conflict with it shall become null and void.
7.5.The Agreement remains in effect until the Client and the Intermediary have fully performed their obligations in accordance with the terms of this Agreement.
7.6.By entering into the Agreement, the Client confirms that it has fully and completely read and agrees with all of its terms and undertakes to comply with them. Ignorance of the clauses of this Agreement does not release the Client from the performance of obligations under this Agreement in accordance with the rules of the offer agreement.
7.7.This Agreement has been drawn up with full understanding by the Client and the Intermediary of its terms and terminology in the Ukrainian language.
8. FINAL PROVISIONS
8.1.This agreement is governed by the applicable legislation of Ukraine.
8.2.The Service Provider keeps confidential the data and information received from the Client upon conclusion of the Agreement or in the course of its performance and may disclose them only in the manner and in the cases expressly provided for by the applicable legislation of Ukraine.
8.3.The Client gives unconditional consent to the storage and processing, including automated processing, of any information relating to the Client’s personal data for purposes related to the performance of this Agreement and the consequences of its performance or non-performance. The Client gives the Service Provider its consent to the processing of all of its personal data without limitation of the period of storage and the period of processing of personal data.
8.4.The invalidity of any provision or clause of this Agreement or of the annexes hereto shall not affect the validity of the remaining provisions and terms of the Agreement.