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PUBLIC OFFER AGREEMENT
on the provision of services for issuing travel/transport documents for passenger transportation via the website https://zesentrans.com.ua/LLC "MTK "ZESEN TRANS", 75 Pilna St., Zhovkva, Zhovkva District, Lviv Region, 80300, EDRPOU code: 41875517, guided by Art. 633 of the Civil Code of Ukraine, offers an unlimited number of persons (hereinafter the User) to conclude this Public Offer Agreement (hereinafter the Agreement) for the purpose of searching for and/or purchasing tickets via the website https://zesentrans.com.ua/ The User may act under the Agreement on their own behalf and for their own benefit and/or on behalf of and for the benefit of a third party; in that case the User acts solely within the authority granted by the third party.
DEFINITIONS AND GENERAL PROVISIONS
Services – the opportunity provided by the Contractor to issue/return travel documents (TD/ETD), to arrange related services via the Website, and other consulting and information services.Travel/transport document (TD) – a document of the established form certifying the right to travel by public transport.Electronic travel/transport document (ETD) – an electronic document generated after the ETD has been successfully issued and paid for on the Website, containing information about the upcoming trip. Boarding document (visual form of the electronic travel document) – a settlement document received by the Customer after the electronic travel document has been successfully issued and paid for on the Website.Website – the software of Zesen-Trans LLC located on the Internet at https://zesentrans.com.ua/.Zesen-Trans is an integrated distributor of transportation services supplied by carriers, carrier resource consolidators and third parties, hereinafter referred to as the «Supplier».Ticket (including an electronic ticket) – a travel document of the established form that entitles the passenger to bus transportation services, created in the Zesen-Trans automated system and sent to the email address provided when ordering or otherwise issued to the User.
The User and Zesen-Trans, being aware of the general requirements for concluding agreements that must be observed for a transaction to be valid, having full civil capacity and legal capacity, having the appropriate authority to conclude such a transaction, fully understanding the meaning of their actions and acting of their own free will, which corresponds to the inner will of the parties to this transaction, intending the actual occurrence of legal consequences, understanding the legal nature of this transaction and their rights and obligations under the Agreement, have concluded this Agreement in accordance with the current legislation as follows:
SUBJECT OF THE AGREEMENT
Under the Agreement, Zesen-Trans provides services for finding a suitable Supplier according to the date, time and direction chosen by the User, building connections between different Suppliers, concluding a contract of carriage (by selling/purchasing a Ticket), issuing tickets of different Suppliers in one order, advance ticket sales, seat reservations, booking tickets by phone, re-issuing tickets, finding the best schedule at the User's request, customer service, including round-the-clock User support by the Service Center, additional services at the User's request, as well as prepayment of the Ticket with funds received from the User (hereinafter the Services).For the Services provided, Zesen-Trans receives a fee consisting of the amounts included in the Ticket price and defined as the Agency fee (paid by the Supplier) and the Service fee (paid by the User).Zesen-Trans, acting as an agent on behalf of, at the expense of and in the interests of the Supplier, sells bus passenger transportation (hereinafter the Ticket), special offers and discounts via the website and provides the Supplier's information.Each purchase of a Ticket of a particular Supplier is subject to the rules and conditions of that Supplier and is an integral part of the Agreement.If several Tickets are purchased in one order, the rules and conditions of different Suppliers may differ.Failure to comply with the rules and conditions of the Supplier and/or Zesen-Trans may result in cancellation of orders and denial of access to the Website and/or purchased services, including the possibility of using the Ticket, without a refund of the money spent on it.Purchase of a Ticket by the User on preferential terms (free travel, etc.) in accordance with the legislation of Ukraine is carried out only at the ticket office/office of the relevant Supplier or with the permission of the relevant Supplier.
RIGHTS AND OBLIGATIONS OF THE PARTIES
The User has the right to:
● Receive the services under the Agreement;● Use the Ticket in accordance with the chosen date, time, place of departure and the chosen Supplier;● Return the Ticket on the terms set by the Supplier and/or Zesen-Trans;● Claim compensation for damages arising from the terms of the Agreement by sending a corresponding request to Zesen-Trans.● If moral damage is caused to the User by actions or inaction of Zesen-Trans, the amount of compensation, if proven and substantiated, may not exceed the price of the Ticket.● Some Suppliers require the ticket to be exchanged and/or returned only at the bus station ticket office, without the possibility of a refund via the website or at the office of the Zesen-Trans partner where the payment was made. The terms of such exchange and/or return are stated in the Ticket.
The User is obliged to:
● Prepay the Ticket at 100% of the price shown on the website;● Check the date, time, city/place of departure and city/place of arrival immediately after purchasing the Ticket;● Arrive at the place of departure in advance;● Inform Zesen-Trans if the Ticket cannot be used for any reason;● Read the Ticket return conditions;● Contact Zesen-Trans before paying for the Ticket if the return conditions of the chosen Supplier's Ticket are not shown on the Website.● When buying a Ticket for two or more Suppliers or to a transfer point via the Website, the User must independently allow sufficient time for the transfer, including when such a transfer is offered on the Website. The recommended waiting time at the transfer point is 4 hours for domestic routes and 8 hours for international routes from the scheduled arrival time.● The User must read the rules and conditions of the chosen Supplier before purchasing its ticket and thereby agrees to comply with and act in accordance with the Supplier's rules and conditions. Some Suppliers make it possible to find out the return conditions of a ticket only after it has been purchased. Given this, the User agrees that the deduction on return of such a ticket may equal 100% of the ticket price, even if the return is made 15 minutes after payment.
Zesen-Trans has the right to:
● Act on behalf of the Supplier within the authority defined by the contractual relationship;● Conclude a contract of carriage between the User and the Supplier on the terms and in the manner determined by the Supplier;● Set and receive an additional fee from the User for additionally provided services.● Zesen-Trans has the right to record telephone conversations with the User and/or Passenger when they contact the service center and/or when serving the User/Passenger and/or when it is necessary to notify the User/Passenger and/or obtain additional information regarding any Ticket purchased through the Zesen-Trans service and/or the Website.
Zesen-Trans is obliged to:
● Notify the Supplier in time about the purchased Ticket and additional services paid for by the User;● Send the User the Ticket in the form established and accepted by the Supplier;● Transfer the funds received from the User as payment for the Ticket to the Supplier's bank account;● Notify the User of changes in the terms of service (provided that the Supplier has notified of such changes);● Notify the User of a change or cancellation of a trip (if such information is received from the Supplier);● Accept a request from the User, consider it itself or forward it to the relevant Supplier;● Inform the User in a timely manner about the consideration of the request and, if the request was sent to the Supplier, about the results of its consideration (if such a response is received by Zesen-Trans).● Zesen-Trans responds to a request in the same way it was received. No response will be sent to a third party (including at the User's request).
COST OF SERVICES AND PAYMENT PROCEDURE
The Customer pays the cost of the TD/ETD and the Contractor's Fee in full (100%) using the payment methods available on the Website and in accordance with the rules of the payment systems.The cost of the TD/ETD and the Contractor's Fee are considered paid once the payment system confirms that the funds have been debited from the Customer's account in favor of the Contractor.The Contractor's Fee for the services provided is non-refundable, except in cases caused by the fault of the Contractor or the Carriers. Refunds for unused TD/ETD issued via the Website are made in accordance with the ticket return conditions. A boarding document for international routes cannot be re-issued/converted or exchanged at the ticket office.
MUTUAL SETTLEMENTS
Funds received from the User for the purchase of a Ticket belong to the Supplier (except for the Zesen-Trans Service fee(if it was included in the Ticket price)). Zesen-Trans settles accounts for the Ticket purchased by the User on the terms and within the time limits set by the Supplier.Bank charges related to transfers of funds under the Agreement are paid by the Party making the transfer.
TICKET RETURN CONDITIONS
Mandatory refund for the Ticket:
● If the Supplier reports that a trip has been cancelled for any reason, Zesen-Trans refunds the money received as payment for the Ticket in the same way it was received, in the amount of 100% of the Ticket price, or, if available, offers to buy another Ticket for a trip of the same or another Supplier.● The price of a Ticket for a trip of another supplier may differ.● If the ticket date has been changed with the carrier's consent, the ticket cannot be returned.
Voluntary return:
● If the Ticket is returned on the User's own initiative, Zesen-Trans refunds the User based on the automated refund calculations provided by the Supplier;● The Ticket return conditions differ for each Supplier according to its internal rules;● The Agency fee and the Zesen-Trans Service fee are non-refundable in the case of a voluntary return of the Ticket;● Resolution of the Cabinet of Ministers of Ukraine No. 176 of 18 February 1997 «On approval of the rules for the provision of passenger road transport services» regulates the return of a Ticket only at the bus station ticket office and does not cover the concept of a Supplier as defined in the Agreement.● Promotional tickets are non-refundable.
IDENTIFICATION OF THE USER OF THE WEBSITE https://zesentrans.com.ua/
The email address and/or phone number provided when purchasing the Ticket are used as the User's identifier.Contacting from the phone number/email address provided when purchasing the Ticket allows Zesen-Trans to identify the User as the proper Party to the Agreement with the corresponding rights and obligations, and allows actions regarding both the Agreement as a whole and the specific purchased Ticket.If the User contacts from a phone number and/or email address other than the one provided when purchasing the Ticket, Zesen-Trans has the right to require the User to additionally identify themselves as the proper party to the Agreement.If it is impossible to identify the User as a party to the Agreement, Zesen-Trans reserves the right to refuse to consider the request.The User is responsible for the safety of and/or access to their phone number and/or email address.
CONDITIONS FOR PROVIDING INFORMATION
To issue and purchase a Ticket on the Website, certain information must be provided, namely: the passenger's first and last name (the number of the identity document, optionally required by the Supplier), a valid email address and phone number.When making a purchase, payment information related to bank cards must also be provided, i.e. their numbers and expiry dates. This information must be entered for each purchase on the secure service of the chosen payment system.
GUARANTEES OF THE PARTIES
By making a purchase via the Website, the User confirms their legal capacity and consents to the processing of their personal data.The User agrees to pay the Ticket price and applicable taxes for all purchases made with credit or debit cards or any other permitted payment method.The User agrees to pay all amounts determined by Zesen-Trans if a payment is not made, is returned or is declined by the User's bank.By selling a Ticket via the Website, Zesen-Trans confirms that it has the right to sell this Ticket in accordance with the terms and obligations set by the Supplier.
CONFIDENTIAL INFORMATION
The User agrees that they are personally responsible for safeguarding the confidential information they provide.Zesen-Trans is not liable for any losses caused by unauthorized use of confidential information left by the User.All personal information received by Zesen-Trans as a result of orders placed via the Website is stored in accordance with the privacy rules and provisions, which are an integral part of the Agreement.Zesen-Trans reserves the right to use and disclose information about the User or the orders placed by the User, subject to confidentiality.To protect business interests, Zesen-Trans responds to a written request «For information about the Supplier» sent to our address only after notifying and obtaining permission from the Party concerned, including requests from relevant state or other bodies authorized by law to receive such information.Zesen-Trans reserves the right to change the Privacy rules at any time, only for the better, with further expansion of the conditions for protecting confidential information.
CONSENT TO THE PROCESSING OF PERSONAL DATA
The User consents and confirms that the data they provided when purchasing the Ticket are true, and that the User has the right to provide them when buying the Ticket and to leave them for further processing and storage, including but not limited to:
● transferring them to a third party that is in any way related to this Agreement, or for the purpose of its full performance;● additionally informing the User about the status of the trip and changes to its conditions;● further processing of the User's orders;● receiving service notifications, including about promotions, bonus programs and discounts offered by Zesen-Trans.
LIABILITY OF THE PARTIES
In the event of non-performance or improper performance of obligations under the Agreement by one of the Parties, the Party at fault must compensate the other Party for losses caused and proven by such actions.
The User is personally responsible for complying with the terms and rules of the chosen Supplier, the Agreement and the rules for using the Website.
The User bears sole responsibility for failing to provide reliable information, including about the person on whose behalf they act under this Agreement, including but not limited to the impossibility of using personal information on the Website, without any exceptions, including but not limited to cases where the User does not have reliable personal information.This Agreement governs only the terms of purchase of the Ticket chosen by the User, which in turn is evidence of the conclusion of a contract of Carriage.
RELEASE FROM LIABILITY OF THE PARTIES
A Party is released from liability for breach of the Agreement if it proves that the breach occurred as a result of the actions or inaction of a third party.
The User understands and agrees that Zesen-Trans bears no responsibility for any direct, indirect, incidental or punitive damages, or for inconvenience related to the performance of the carriage (including but not limited to delays, cancellations or missed connections) or other possible problems arising in connection with your visit to or use of the Website.
Zesen-Trans is not responsible for errors or inaccuracies in the terms and prices for the sale of bus Tickets and other goods and services if they are provided by the Supplier.
Zesen-Trans is not liable for losses and/or loss of a ticket for any type of transport, or for losses incurred by the User as a result of a bus arriving late at the point where the User was to make a transfer, including tickets purchased in one order via the Website.
FINAL PROVISIONS
The Agreement number corresponds to the number of the Ticket purchased by the User.The date of conclusion of the Agreement is the date of payment for the chosen Ticket.In all other matters not provided for by the Agreement, the Parties are guided by the current legislation of Ukraine.The Agreement, Rules and Conditions are a single document intended for the user and have prevailing legal force over any previously concluded written or oral agreements between the parties. A printed version of these Rules and Conditions or of any other notice originally created in electronic form may be used in legal proceedings related to this Agreement and these Rules and Conditions to the same extent and on the same conditions as other business documents originally created in physical rather than electronic form.
RULES FOR USING THE WEBSITE
These rules are an integral part of the Public Offer Agreement and apply to all visitors and users of the Website, both current and future.By using the Website or its materials, the User expresses their unconditional agreement with these Rules.
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