Contract of public offer for services system 'Bus Terminal Network'

Public Offer Agreement
on Provision of Services of System
“Autovokzal-Set”

 

Vinnytsia City

 

LIMITED LIABILITY COMPANY "IMPLEMENTATION, PROGRAMMING, INFORMATION-SERVICE" (LLC "IPI-SERVICE"), hereinafter EXECUTOR, acting on the basis of agreements with bus terminals, bus stations and carriers (hereinafter jointly — Transport Organizations), publishes this Public Offer Agreement on provision of services of advance booking and payment of bus tickets, hereinafter Agreement, as follows:

 

1.  SUBJECT OF AGREEMENT

EXECUTOR using WEB interface to system “Autovokzal-Set” provides the service – advance booking and payment for bus tickets (further - Service).

CUSTOMER of Services is regarded to be legal or natural person who orders Service for its own purposes, agreed upon conditions of this Agreement and rules of WEB interface usage and also paid the Service. Service is regarded to be presented by EXECUTOR and obtained by CUSTOMER in full from the moment of presentation of a unique code of payment of advance booking and ticket requisites in the form enabling to copy this code and ticket requisites to CUSTOMER by WEB interface means to system “Autovokzal-Set” (or e-mail).

The Transport Organization serving a specific order (bus terminal, bus station, carrier) is determined during order processing and indicated in the ticket details (voucher).

Terms of this Agreement have equal legal capacity with regard to all CUSTOMERS.

 

2.  COST OF SERVICES AND ORDER OF PAYMENTS

2.1.        CUSTOMER pays for Service by means of 100% preliminary payment through Internet using payment systems (VISA, MasterCard, WEB-money), access to which is provided from WEB interface in accordance to rules of this payment systems and according to tariff rates of EXECUTOR. Cost of ticket(s) is simultaneously paid, it is transit costs meant for transporter (bus terminal, bus station).

2.2.        Service is regarded to be paid by CUSTOMER from the moment of Customer’s obtainment of confirmation of correspondent payment system on successful debiting of Service cost and cost of ticket(s) from bank payment card and/or account of CUSTOMER.

2.3.        The fact of obtainment of Service payment by EXECUTOR is accrual of Service cost and ticket(s) cost on account of EXECUTOR.

2.4.        In case of refusal from ticket and return of payment for bus tickets the cost of ticket is returned to CUSTOMER at the place ticket issuing and according to rules specified in document “Rules of Provision of Passenger Automobile Transport Services” (Approved by Decree of Cabinet of Ministers of Ukraine of 26^th September 2007 No. 1184) and taking into account charges for return of travel (transport) documents.

2.5.        In case of refusal from order prior to obtainment of ticket (but not less than 12 hours before bus departure) the costs paid for ticket are returned to CUSTOMER by enterprise “IPI-Service” through payment system using which the order was paid inclusive of charge for cancellation of order in the rate provided by document “Directions for Use of WEB interface system “Autovokzal-Set”.

 

3.  RIGHTS AND OBLIGATIONS OF PARTIES

3.1.           EXECUTOR is obliged:

·        to present Services provided by terms of this Agreement and terms of “Directions for Use of WEB interface system “Autovokzal-Set”;

·        to supply the opportunity to pay for Services by means of signing correspondent agreements of Internet-acquiring with banks and other payment systems taking into account available technical abilities;

·        to provide consultations on matters that are interesting to CUSTOMER concerning use of Services;

·        to keep privacy of Customer’s information received from him upon registration exclusive of cases provided by present legislation of Ukraine;

·        to inform CUSTOMER at web-site about all technical and preventive works causing discontinuation of Services presentation.

3.2.           EXECUTOR has right:

·        to discontinue provision of services due to execution of necessary technical and preventive works;

·        to change terms of this Agreement, cost of Services without accommodation with CUSTOMER providing hereby the publication of changed terms on Web-site;

3.3.           CUSTOMER is obliged:

·        to stick to terms of this Agreement and conditions of “Directions for Use of WEB interface system “Autovokzal-Set”

3.4.           CUSTOMER has right:

·        to demand and to obtain from EXECUTOR THE PROVISION OF Services in accordance to terms of this Agreement and “Directions for Use of WEB interface system “Autovokzal-Set”

 

4.  RESPONSIBILITY OF PARTIES AND ORDER OF DISPUTE SETTLEMENT

4.1.        The quality of communication channels for general use by means of which access to Services is provided is beyond the responsibility of Parties.

4.2.        Each Party bears responsibility on its own for results of its activity or inactivity that caused the transition of confidential information belonging to Party to third parties.

4.3.        CUSTOMER bears responsibility on his own for preservation of confidentiality of his own login and password. All action with usage of login and password of CUSTOMER are regarded to be done personally by CUSTOMER.

4.4.        All disputes connected with obtainment of Services by CUSTOMER are settled by Parties using personal data of CUSTOMER mentioned by him during registration and ordering.

4.5.        CUSTOMER is responsible for in-time execution of ordered places at booking-office and obtainment of travel (transport) documents.

4.6.        The person obtaining travel (transport) documents at booking-office is obliged to present cashier of booking-office the requisites of ticket(s), voucher and identification document on surname mentioned voucher.

4.7.        All disputes that may appear concerning this Agreement or in connection with its fulfillment are settled by Parties by means of negotiations.

4.8.        All disputes are considered upon presence of a written application delivered by postal mail, by email to ticket@bus.com.ua, or by facsimile.

4.9.        In case when Parties can not reach an agreement concerning disputes by means of negotiations during 30 calendar days these issues are subject to settlement according to present legislation of Ukraine.

4.10.   Parties are governed by present legislation of Ukraine regarding matters that are not mentioned in this Agreement

 

5.  OTHER CONDITIONS

5.1.        This Agreement is regarded to be concluded from the moment of payment of Executor’s Service by CUSTOMER.

5.2.        Upon making changes in this Agreement, discontinuation, termination of its force EXECUTOR declares the application about it on Web-site 10 calendar days before the correspondent date. In this case EXECUTOR is obliged to present CUSTOMER all Services paid by him.

5.3.        Personal data: roles of the Parties.
The controller of personal data obtained during the provision of Services is the EXECUTOR. The CUSTOMER is a data subject within the meaning of the Law of Ukraine "On Personal Data Protection". By concluding this Agreement, the CUSTOMER consents to the processing of their personal data under the terms defined in this section.

5.4.        Scope and purposes of processing.
The EXECUTOR processes the following personal data of the CUSTOMER: first and last name, email address, phone number (if provided), order details (destination, departure date and time, number of seats, cost) and payment information.
Processing is carried out for the purpose of:
— execution and issuance of ordered travel (transportation) documents;
— informing the CUSTOMER about order status, payment, modification or cancellation of a trip;
— processing refunds, inquiries, and complaints;
— maintaining tax and accounting records, reconciliation with counterparties;
— legal maintenance of the EXECUTOR's activities and protection of its legitimate interests.

5.5.        Transfer of personal data.
To achieve the purposes specified in clause 5.4, the EXECUTOR transfers personal data of the CUSTOMER to the following categories of recipients:
— Transport Organizations involved in fulfilling the specific order — to the extent necessary for issuing the travel document;
— payment systems chosen by the CUSTOMER — to the extent necessary for processing payments and refunds;
— electronic communications service providers — exclusively the phone number, to the extent necessary for delivering messages provided for in clause 5.6 of this Agreement;
— data storage and processing service providers supporting system operations.
The specified entities act as personal data processors, process data solely for the purposes defined by the EXECUTOR, and have no right to use it for any other purpose.

5.6.        Notifications.
By providing a phone number when placing an order, the CUSTOMER consents to receiving service (informational) messages related to order placement, payment, changes, and carriage execution, including via SMS and other electronic communications channels. Promotional messages are not sent without separate consent of the CUSTOMER.

5.7.        Opt-out and revocation of consent.
The CUSTOMER may choose not to provide a phone number when placing an order — in such case, messages provided for in clause 5.6 are not sent.
The CUSTOMER has the right at any time to opt out of receiving messages by contacting the support phone number indicated in the message or via email at ticket@bus.com.ua. In such case, the phone number is removed from the respective order and message sending ceases.
Opting out of messages does not affect the provision of Services: order information continues to be provided by email in accordance with the Rules of Use of the WEB Interface of the "Bus Terminal Network" system.
The CUSTOMER acknowledges that in the event of an opt-out, they will not receive urgent alerts regarding trip changes or cancellations, and the EXECUTOR is not liable for consequences arising from non-receipt of such information.
The CUSTOMER has the right to withdraw consent to personal data processing in accordance with statutory procedures. Revocation of consent does not affect the lawfulness of processing carried out prior to withdrawal and does not release the Parties from obligations under already completed orders.

5.8.        Storage period.
Personal data is retained for the period necessary to achieve processing purposes, and for data subject to tax and accounting records, for the periods established by the legislation of Ukraine. Upon expiry of statutory retention periods, data is deleted or anonymized.

5.9.        Processing location.
Processing of personal data is carried out using technical equipment located within the territory of Ukraine and/or within states ensuring adequate protection of personal data pursuant to Article 29 of the Law of Ukraine "On Personal Data Protection". The CUSTOMER consents to the cross-border transfer of their personal data under these terms.

5.10.   Rights of the data subject.
The CUSTOMER as a data subject has the rights provided for in Article 8 of the Law of Ukraine "On Personal Data Protection", including the right to know the sources and location of their personal data, the purpose of its processing, to access it, make amendments, and present a reasoned objection against processing and its termination. Inquiries regarding the exercise of these rights shall be sent to ticket@bus.com.ua.

 

 

EXECUTOR:

 

LLC “IPI-SERVICE”

21020 Ukraine, Vinnytsia, 107 Khmelnytske highway

p/a 26005183544

IBAN UA853003350000000026005183544

at JSC "Raiffeisen Bank"

MFO: 300335

EDRPOU code: 35823450

Tel. +380 432 552016