PUBLIC OFFER AGREEMENT
for the providing of services for the issuance of travel/transportation documents in passenger transportation through the website https://zesentrans.com.ua/ https://zesentrans.com.ua/
_ LLC "MTK "ZESEN TRANS" 80300, Lviv region, Zhovkva district, Zhovkva, 75 Pilna str. UNIFIED STATE REGISTER: 41875517 guided by Article 633 of the Civil Code of Ukraine, offers an unlimited number of persons (hereinafter referred to as the User) to conclude a Public Offer Agreement (hereinafter referred to as the Agreement) in order to search for and/or purchase tickets using the website https://zesentrans.com.ua/.
The User may act under the Agreement on his/her own behalf and in his/her favor and/or on behalf of a third party and in its favor, in which case the User shall act solely within the powers granted by the third party.
_ LLC "MTK "ZESEN TRANS" 80300, Lviv region, Zhovkva district, Zhovkva, 75 Pilna str. UNIFIED STATE REGISTER: 41875517 guided by Article 633 of the Civil Code of Ukraine, offers an unlimited number of persons (hereinafter referred to as the User) to conclude a Public Offer Agreement (hereinafter referred to as the Agreement) in order to search for and/or purchase tickets using the website https://zesentrans.com.ua/.
The User may act under the Agreement on his/her own behalf and in his/her favor and/or on behalf of a third party and in its favor, in which case the User shall act solely within the powers granted by the third party.
DEFINITIONS OF TERMS AND GENERAL PROVISIONS
Services - the possibility of obtaining/returning a TTD/ETD, obtaining related services through the Website, and other consulting and information services provided by the Contractor.
Travel/transportation document (TTD) - a document of the established form certifying the right to travel by public transport.
Electronic Travel/Transportation Document (ETD) - is an electronic document generated as a result of successful execution and payment of the ETD on the Website, containing information about the upcoming trip. A boarding document (a visual form of an electronic travel document) means a payment document received by the Customer upon successful execution and payment of an electronic travel document on the Website.
Website - software of Zesen-Trans LLC, which is available on the Internet at https://zesentrans.com.ua/.
Zesen-Trans is an integrated distributor of transportation services provided 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, which entitles the passenger to receive bus transportation services, created in the automated system of Zesen-Trans, sent to the e-mail address specified in the order, or otherwise issued to the User.
The User and Zesen-Trans are aware of the general requirements for entering into Agreements, compliance with which is necessary for the validity of the transaction, having the full civil capacity and civil legal capacity, having the appropriate authority to enter into such a transaction, fully realizing the significance of their actions and in accordance with their free will, which corresponds to the internal will of the parties to this transaction, intending the actual occurrence of legal consequences, understanding the legal nature of this transaction, as well as their rights and obligations under the Agreement, in accordance with the applicable law, have entered into this Agreement as set forth below:
Travel/transportation document (TTD) - a document of the established form certifying the right to travel by public transport.
Electronic Travel/Transportation Document (ETD) - is an electronic document generated as a result of successful execution and payment of the ETD on the Website, containing information about the upcoming trip. A boarding document (a visual form of an electronic travel document) means a payment document received by the Customer upon successful execution and payment of an electronic travel document on the Website.
Website - software of Zesen-Trans LLC, which is available on the Internet at https://zesentrans.com.ua/.
Zesen-Trans is an integrated distributor of transportation services provided 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, which entitles the passenger to receive bus transportation services, created in the automated system of Zesen-Trans, sent to the e-mail address specified in the order, or otherwise issued to the User.
The User and Zesen-Trans are aware of the general requirements for entering into Agreements, compliance with which is necessary for the validity of the transaction, having the full civil capacity and civil legal capacity, having the appropriate authority to enter into such a transaction, fully realizing the significance of their actions and in accordance with their free will, which corresponds to the internal will of the parties to this transaction, intending the actual occurrence of legal consequences, understanding the legal nature of this transaction, as well as their rights and obligations under the Agreement, in accordance with the applicable law, have entered into this Agreement as set forth below:
- Notify the Supplier in time about the purchased Ticket and additional services paid by the User;
- Send the User the Ticket in accordance with the form established and accepted by the Supplier;
- Transfer the funds received from the User as payment for the Ticket to the Supplier's current account;
- Notify the User of changes in the terms of service (if such changes are notified by the Supplier);
- Notify the User about the change or cancellation of the flight (if such information is received from the Supplier);
- Accept the request from the User, consider it independently, or send it to the relevant Supplier for consideration;
- Timely notify the User about the consideration of the request, and in case of sending the request to the Supplier about the results of its consideration (in case of receipt of such a response to the address of Zesen-Trans).
- Zesen-Trans shall respond to the request in a manner similar to its receipt. No response will be sent to a third party (including at the request of the User).
Zesen-Trans is obliged to:
- To act on behalf of the Supplier within the authority determined by the contractual relationship;
- To conclude a transportation agreement between the User and the Supplier, on the terms and in the manner determined by the Supplier;
- To set and receive additional remuneration from the User for additional services and/or services provided.
- Zesen-Trans has the right to record telephone conversations with the User and/or the Passenger, in case of contacting the service center and/or in case of servicing the User/Passenger and/or the need to notify the User/Passenger and/or obtain additional information regarding any Ticket made through the Zesen-Trans service and/or the Website.
Zesen-Trans has the right to:
- Make an advance payment for the Ticket, at 100% of the price indicated 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;
- Notify Zesen-Trans of the impossibility of using the Ticket for any reason;
- Read the terms of the Ticket refund;
- Contact Zesen-Trans before paying for the Ticket, in case of absence of the terms of return of the purchased Ticket of the selected Supplier on the Website.
- When purchasing a Ticket for two or more Suppliers or to a transfer point using the Website, the User is obliged to determine the sufficient amount of time for the transfer, including if such a transfer is offered on the Website. The recommended number of hours of waiting at the point of transfer is 4 hours for domestic flights and 8 hours for interstate flights from the moment of scheduled arrival.
- The User is obliged to read the terms and conditions of the selected Supplier before purchasing a ticket of the selected Supplier, thereby agreeing to comply with and act in accordance with the Supplier's terms and conditions. Some Providers provide an opportunity to determine the conditions for the return of a particular ticket only after its purchase. Based on such specifics, the User agrees that the refund fee for such a ticket may be equal to 100% of the ticket price, even if the ticket is refunded 15 minutes after payment.
The user is obliged to:
RIGHTS AND OBLIGATIONS OF THE PARTIES
SUBJECT MATTER OF THE AGREEMENT
Under the Agreement, Zesen-Trans provides services for finding the appropriate Supplier, in accordance with the date, time, and direction chosen by the User, forming connections with different Suppliers, concluding a transportation contract (by selling/purchasing a Ticket), issuing tickets of different Suppliers in one order, pre-selling tickets, booking seats, ordering a ticket by phone, re-issuing a ticket, finding the optimal schedule at the request of the User, user service, including round-the-clock support for the User (hereinafter referred to as the Services).
For the Services provided, Zesen-Trans receives a reward consisting of the number of funds 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 referred to as the Ticket), special offers, discounts, and provides information about the Supplier through the website.
Each purchase of a Ticket from a particular Supplier is subject to the terms and conditions of that particular Supplier and is an integral part of the Agreement.
In the case of purchasing several Tickets under one order, the terms and conditions of one or another Supplier may differ.
Failure to comply with the terms and conditions of the Supplier and/or Zesen-Trans may result in the cancellation of orders and denial of access to the Website and/or purchased services, including the ability to use the Ticket, without refund of the funds spent on its provision.
The purchase of the Ticket by the User on preferential terms (free transportation, etc.) in accordance with the legislation of Ukraine is carried out exclusively at the ticket office of the relevant Supplier, or with the permission of the relevant Supplier.
Under the Agreement, Zesen-Trans provides services for finding the appropriate Supplier, in accordance with the date, time, and direction chosen by the User, forming connections with different Suppliers, concluding a transportation contract (by selling/purchasing a Ticket), issuing tickets of different Suppliers in one order, pre-selling tickets, booking seats, ordering a ticket by phone, re-issuing a ticket, finding the optimal schedule at the request of the User, user service, including round-the-clock support for the User (hereinafter referred to as the Services).
For the Services provided, Zesen-Trans receives a reward consisting of the number of funds 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 referred to as the Ticket), special offers, discounts, and provides information about the Supplier through the website.
Each purchase of a Ticket from a particular Supplier is subject to the terms and conditions of that particular Supplier and is an integral part of the Agreement.
In the case of purchasing several Tickets under one order, the terms and conditions of one or another Supplier may differ.
Failure to comply with the terms and conditions of the Supplier and/or Zesen-Trans may result in the cancellation of orders and denial of access to the Website and/or purchased services, including the ability to use the Ticket, without refund of the funds spent on its provision.
The purchase of the Ticket by the User on preferential terms (free transportation, etc.) in accordance with the legislation of Ukraine is carried out exclusively at the ticket office of the relevant Supplier, or with the permission of the relevant Supplier.
SUBJECT MATTER OF THE AGREEMENT
TERMS OF TICKET REFUND
Forced refund for the Ticket:
- In case the Supplier notifies about the flight cancellation for any reason, Zesen-Trans shall refund the Funds received as payment for the Ticket, by which they were received in the amount of 100% of the Ticket price, or, if available, offer to purchase another Ticket for the flight of the same or another Supplier.
- The cost of a Ticket for a flight from another provider may differ.
IDENTIFICATION OF THE USER OF THE SITE https://zesentrans.com.ua/
- n the event of a Ticket refund, on the User's own initiative, Zesen-Trans shall refund the funds to the User based on the data of automated refund calculations provided by the Supplier;
- The conditions for the return of the Ticket of each Supplier differ in accordance with the internal rules;
- The agency fee and Service fee of Zesen-Trans, in case of voluntary return of the Ticket, are non-refundable;
- The Resolution of the Cabinet of Ministers of Ukraine No. 176 dated February 18, 1997 "On Approval of the Rules for the Provision of Passenger Road Transport Services" regulates the issue of returning the Ticket exclusively to the ticket office of the Bus Station, and does not cover the concept of the Supplier, in accordance with the terms of the Agreement.
- Promotional tickets are not refundable.
Voluntary return:
- transferring it to a third party that is in any way related to this Agreement, or for the purpose of its full implementation;
- additional informing the User about the status of the flight, and changes in its conditions;
- further processing of the User's orders;
- receiving service notifications, including those regarding promotions, bonus programs, and discounts conducted by Zesen-Trans.
The e-mail address and/or telephone number specified when purchasing the Ticket shall be 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 relevant rights and obligations, and allows performing actions in relation to both the Agreement in general and the purchased Ticket specifically.
If the User contacts the Service Provider from a different phone number and/or e-mail address provided when purchasing the Ticket, Zesen-Trans shall have the right to require the User to additionally identify himself/herself as the proper party to the Agreement.
In case of impossibility 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 and/or access to the phone number and/or e-mail address.
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 relevant rights and obligations, and allows performing actions in relation to both the Agreement in general and the purchased Ticket specifically.
If the User contacts the Service Provider from a different phone number and/or e-mail address provided when purchasing the Ticket, Zesen-Trans shall have the right to require the User to additionally identify himself/herself as the proper party to the Agreement.
In case of impossibility 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 and/or access to the phone number and/or e-mail address.
WARRANTIES OF THE PARTIES
By making a purchase through the Website, the User confirms his legal capacity and agrees to the processing of his personal data.
The User agrees to pay the price of the Ticket and the relevant taxes for all purchases made by credit or debit cards or other authorized payment methods.
The User agrees to pay all funds determined by Zesen-Trans in case the payment is not made, returned, or rejected by the User's bank.
By selling the Ticket through the Website, Zesen-Trans confirms its right to sell this Ticket in accordance with the terms and conditions and obligations specified by the Supplier.
The User agrees to pay the price of the Ticket and the relevant taxes for all purchases made by credit or debit cards or other authorized payment methods.
The User agrees to pay all funds determined by Zesen-Trans in case the payment is not made, returned, or rejected by the User's bank.
By selling the Ticket through the Website, Zesen-Trans confirms its right to sell this Ticket in accordance with the terms and conditions and obligations specified by the Supplier.
CONDITIONS FOR PROVIDING INFORMATION
In order to issue and purchase a Ticket on the Website, certain information must be provided, namely: First and Last Name of the passenger (document number by which he/she can be identified (set optionally by the Supplier)), valid e-mail address and telephone number.
Also, when purchasing, you must specify the payment information associated with bank cards, i.e. their numbers and expiration dates. You must enter this information with each purchase on the secure service of the selected payment system.
Also, when purchasing, you must specify the payment information associated with bank cards, i.e. their numbers and expiration dates. You must enter this information with each purchase on the secure service of the selected payment system.
CONFIDENTIAL INFORMATION
The User acknowledges that he/she is personally responsible for the confidential information provided for storage.
Zesen-Trans shall not be liable for any damages caused by unauthorized use of confidential information left by the User.
All personal information received by Zesen-Trans as a result of placing orders through the Site is stored in accordance with the rules and regulations on confidentiality, which are an integral part of the Agreement.
Zesen-Trans reserves the right to use and disclose information about the User or about the orders made by the User, subject to confidentiality.
In order to protect business interests, Zesen-Trans provides a response to a written request "On providing information about the Supplier", received in our address with mandatory notification and obtaining permission from the Party in respect of which the request is made, including at the request of the relevant state or other legal authorities authorized to receive such information.
Zesen-Trans reserves the right to change the Confidentiality rules at any time, exclusively for the better, with further expansion of the conditions for the storage of confidential information.
Zesen-Trans shall not be liable for any damages caused by unauthorized use of confidential information left by the User.
All personal information received by Zesen-Trans as a result of placing orders through the Site is stored in accordance with the rules and regulations on confidentiality, which are an integral part of the Agreement.
Zesen-Trans reserves the right to use and disclose information about the User or about the orders made by the User, subject to confidentiality.
In order to protect business interests, Zesen-Trans provides a response to a written request "On providing information about the Supplier", received in our address with mandatory notification and obtaining permission from the Party in respect of which the request is made, including at the request of the relevant state or other legal authorities authorized to receive such information.
Zesen-Trans reserves the right to change the Confidentiality rules at any time, exclusively for the better, with further expansion of the conditions for the storage of confidential information.
RESPONSIBILITY OF THE PARTIES
In case of non-fulfillment or improper fulfillment by one of the Parties of the obligations under the Agreement, the guilty Party shall be obliged to reimburse the other Party for the losses caused and proven by such actions.
The User shall be solely responsible for compliance with the terms and conditions of the selected Supplier and the Agreement and the rules of use of the Website.
The User shall be solely responsible for the inability to provide reliable information, including about the person on whose behalf he/she acts under this Agreement, including, but not limited to, the inability to use personal information on the Website, without any exceptions, including, but not limited to, in the event that the User does not have reliable personal information.
This Agreement governs exclusively the terms of purchase of the Ticket selected by the User, which in turn is evidence of the conclusion of the Transportation Agreement.
The User shall be solely responsible for compliance with the terms and conditions of the selected Supplier and the Agreement and the rules of use of the Website.
The User shall be solely responsible for the inability to provide reliable information, including about the person on whose behalf he/she acts under this Agreement, including, but not limited to, the inability to use personal information on the Website, without any exceptions, including, but not limited to, in the event that the User does not have reliable personal information.
This Agreement governs exclusively the terms of purchase of the Ticket selected by the User, which in turn is evidence of the conclusion of the Transportation Agreement.
EXEMPTION FROM LIABILITY OF THE PARTIES
The Party shall be released from liability for violation of the terms of the Agreement if it proves that this violation occurred as a result of the action or inaction of a third party.
The User understands and agrees that Zesen-Trans shall not be liable for any direct, indirect, consequential and punitive damages; as well as for inconveniences related to the performance of transportation (including, but not limited to, flight delays, flight cancellations, missed flight connections) or other possible problems that occurred in connection with your visit or use of the Site.
Zesen-Trans shall not be liable for errors or inaccuracies in the terms and prices for the sale of Bus Tickets and other goods and services, if any, provided by the Supplier.
Zesen-Trans shall not be liable for damages and/or loss of a ticket for a particular type of transport, for losses incurred by the User as a result of the delay of the bus to the point where the User was supposed to make a transfer, including those purchased in one order through the Website.
The User understands and agrees that Zesen-Trans shall not be liable for any direct, indirect, consequential and punitive damages; as well as for inconveniences related to the performance of transportation (including, but not limited to, flight delays, flight cancellations, missed flight connections) or other possible problems that occurred in connection with your visit or use of the Site.
Zesen-Trans shall not be liable for errors or inaccuracies in the terms and prices for the sale of Bus Tickets and other goods and services, if any, provided by the Supplier.
Zesen-Trans shall not be liable for damages and/or loss of a ticket for a particular type of transport, for losses incurred by the User as a result of the delay of the bus to the point where the User was supposed to make a transfer, including those purchased in one order through the Website.
The Customer shall pay the cost of the TTD/ETD and the Contractor's Fee by paying them 100% by means of payment methods available on the Website and in accordance with the rules of payment systems.
The cost of the TTD/ETD and the Contractor's Fee shall be deemed paid if the payment system provides information on debiting funds 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 TTD/ETD issued through the Website are made in accordance with the terms of ticket refunds. Boarding documents in international traffic are not subject to re-issuance/conversion, or exchange at the ticket office.
The cost of the TTD/ETD and the Contractor's Fee shall be deemed paid if the payment system provides information on debiting funds 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 TTD/ETD issued through the Website are made in accordance with the terms of ticket refunds. Boarding documents in international traffic are not subject to re-issuance/conversion, or exchange at the ticket office.
COST OF SERVICES AND PAYMENT PROCEDURE
CONSENT TO THE PROCESSING OF PERSONAL DATA
The User agrees and confirms that the data provided by him/her when submitting the Ticket is true, and the User has the right to provide it when purchasing the Ticket and leave it for further processing and storage, including, but not limited to, for:
- Receive services under the Agreement;
- Use the Ticket in accordance with the selected date, time, place of departure, and the selected Supplier;
- Return the Ticket under the conditions specified 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.
- In case of non-pecuniary damage to the User caused by the actions or inaction of Zesen-Trans, the amount of compensation, if proved and substantiated, may not exceed the amount higher than the cost of the Ticket.
- Some Suppliers oblige to exchange and/or refund the Ticket exclusively at the ticket office of the bus station without the possibility of a refund, through the website or in the office of the partner of Zesen-Trans, where the payment was made. The terms of such exchange and/or refund are specified in the Ticket.
The user has the right to:
The funds received from the User for the purchase of the Ticket shall belong to the Supplier (except for the Service Fee of Zesen-Trans (if included in the Ticket price)). Zesen-Trans shall make payment for the Ticket purchased by the User on the terms and conditions specified by the Supplier.
The User is solely responsible for all commission costs and other costs determined by the bank that may be added to the price of the Ticket or additional services, by the issuer of the credit or debit card, except in cases where the costs are attributed to the responsibility of Zesen-Trans.
Banking services related to the transfer of funds under the Agreement shall be paid by the Party that performs them.
The User is solely responsible for all commission costs and other costs determined by the bank that may be added to the price of the Ticket or additional services, by the issuer of the credit or debit card, except in cases where the costs are attributed to the responsibility of Zesen-Trans.
Banking services related to the transfer of funds under the Agreement shall be paid by the Party that performs them.
MUTUAL SETTLEMENTS
FINAL PROVISIONS
The number of the Agreement 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 selected Ticket.
In all other matters not provided for in the Agreement, the Parties shall be governed by the current legislation of Ukraine.
The Agreement Terms and Conditions are an integral document intended for the user and have prevailing legal force in comparison with previously concluded written or oral agreements between the parties. A printed version of these Terms and Conditions or any other communication originally created in electronic form may be considered in litigation related to this Agreement. The Terms and Conditions shall be treated with the same weight and under the same conditions as other business documents originally created in physical form rather than in electronic form.
The date of conclusion of the Agreement is the date of payment for the selected Ticket.
In all other matters not provided for in the Agreement, the Parties shall be governed by the current legislation of Ukraine.
The Agreement Terms and Conditions are an integral document intended for the user and have prevailing legal force in comparison with previously concluded written or oral agreements between the parties. A printed version of these Terms and Conditions or any other communication originally created in electronic form may be considered in litigation related to this Agreement. The Terms and Conditions shall be treated with the same weight and under the same conditions as other business documents originally created in physical form rather than in electronic form.
TERMS OF USE OF THE WEBSITE
These rules are an integral part of the Public Offer Agreement and apply to all visitors and users of the Site, both present and future.
By using the Site or the materials of the Site, the User expresses his unconditional consent to these Rules.
By using the Site or the materials of the Site, the User expresses his unconditional consent to these Rules.
Contacts
zesentrans.bus@gmail.com
м. Lviv, 3 Haiduchka str.
м. Lviv, 3 Haiduchka str.
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