Agreement of public offer
1. SUBJECT OF PUBLIC OFFER AGREEMENT BETWEEN THE CUSTOMER AND THE WEBSITE tripsee.com
1.1. This Public Offer Agreement governs the services of reservation, registration and sale of tickets and other related services provided by the agencies using tripsee.com technical capacities, (hereinafter referred to as «Agreement»), and concludes between the Client and «TRIPSEE» LLC, that owns the property and non-property rights to the website tripsee.com.
1.2. Booking the service on the website tripsee.com the Client hereby acknowledges and agrees the terms and conditions of the Agreement that are set out below.
1.3.On the one hand «TRIPSEE» LLC is obligated itself to provide the reservation, registration and other related services as the intermediary instance according to the conditions of this offer and on the other hand the Client is obligated to pay these services in full.
1.4.The terms and conditions of this Agreement (acceptance of the offer) shall be effective from the moment of confirmation of Client’s acceptance of its conditions by making the appropriate mark in the booking dialog window on tripsee.com, and after that the Agreement is consideredas the basic document in formal relations between «TRIPSEE» LLC and the Client.
1.5.This Agreement and the information posted on the website tripsee.com is the public offer under article 633 of the Civil Code of Ukraine.
1.6. The relations between the Customer and «TRIPSEE» LLC are regulated by the provisions of current legislation of Ukraine.
2. TERMS AND DEFINITIONS USED IN THIS AGREEMENT
The terms “we”, “us”, “our” and “tripsee.com” belong to TRIPSEE Limited Liability Company («TRIPSEE» LLC) which is entitled to process and sale the services on behalf of the Carriers and Service suppliers at their expense as well as on it’s own name but at the expense of Carriers and Service suppliers.
“Site” is used to designate visually accessible and publicly available website, which belongs to «TRIPSEE» LLC, set on the Internet and is accessible at the address www.tripsee.comas well as subdomains which shall post the information concerning the schedule of airlines, tariffs, transport fair, charges, available spaces on a trip and other services provided by Carriers and/or Service suppliers. The accession to the Site is governed by the provisions of this Agreement and current legislation of Ukraine.
“Acceptance of the offer” is used to designate complete and unconditional accepting the terms and conditions of the PUBLIC OFFER AGREEMENT through the implementation of Client’s intention to use the Site for purchase the services.
“Acceptance” is used to designate person’s decision to accept the offer addressed to him. Activities of person to whom the offer was addressed related to the implementation of the terms and conditions of this Agreement within prescribed time limits (including, but not limited to payment of services) means the acceptance. In case the terms and conditions set out below has been adopted by the individual personor the legal entityaccepting the offer, they shall become the Customers (hereinafter referred to as – “User”, “Buyer”, “Client”). Therefore the acceptance of the offer is essentially equivalent to the conclusion of the Agreement on the terms of the offer.
“Offer” is used to designate this Agreement posted in the Internet global system and is accessible at the address www.tripsee.com.
“Order”, “Booking”, “Reservation” are used to designate Client’s duly completed request for services selected by himself on the Site by assigning this service to a specific person (persons). The reservation may include the demand of full or partial payment to be made at the moment of booking or over a limited period of time after booking. Unpaid bookings shall be kept in reserve for the Client who made this booking over a limited period of time and within this period can be sold only to this Client. The status of the booking is reflectedin the Site’s section “My cart”.
“Service” means the complex actions provided by Service supplier to the Client after payment. Making the booking the Client shall select for himself the character of the service and the moment it start among the options proposed on the Site. Under and pursuant to this agreement the Service suppliers are responsible only for services that had been ordered on the site tripsee.com. The Service suppliers have the right to revise and amend the list of rendered services unilaterallywithout prior notice to the Client. Tripsee.com shall provide its services in compliance with the terms and conditions of the partnership/commission/subcommission agreements with Service suppliers.
“Electronic passenger ticket”, “rout receipt”, “insurance policy”, “electronic voucher” are used to designate digital electronic document which is retained in the archive of the Service supplier’s system or in the global booking system, and which contains the complete data about the Service and Service supplier, Carrier (company provided the service), buyer, user, customers, and which certifies purchased service and the right of the person specified in the document to use this service as well as supplier’s commitmentto provide the service. The document mentioned above shall be issued by the Site or Service supplier directly to the buyer, user, customers as an electronic document such as a rout receipt/ electronic ticket/ insurance policy/ electronic voucher.
“Booking system” is used to designate the information system which contains database of all services available for booking and purchase on the website. This database is posted on the website www.tripsee.comand is as accurate as possible given that the information is provided by the Service supplier’s booking systems such as the global temporarily deposited data system provided by relevant air carriers or their authorized representatives. Whereas, the data from booking system may be revised and amended from time to time therefore it should be used by the Client just as it is now.
The section “My cart” is used to designate the confidential space of the website tripsee.com which is accessible only for the Client who has already passed the procedure of registration and authorization and includes the following subsections:
“My orders” which includes Client’s complete and detailed data about his bookings;
“Client’s profile” is used to store and modify Client’s data;
“Account configuration” is used to update the personal Client’s data (Client’s first name, last name, date of birth etc.);
“Wish list” is used to store the information about services selected by the Client.
“User/Buyer/Customer” mean a capable physical person who has reached the age of 18, is able to form legally binding agreement(s) with «TRIPSEE» LLC under applicable law, including, but not limited to, to make the booking or place the order on the website www.tripsee.com, or a recipient of the service specified in the booking, or other person using the website www.tripsee.comin any way but only for his personal needs in no way connected with the commercial activities. The terms “Buyer/Customer” may be also used in regard to a legal entity, in case it is the end-user of tripsee.com service with no intention to resale this service.
“Service supplier” means a company that provides any kinds of services proposed on the Site and is an official and legal partner of the Site. Service supplier can be the company which provides the service.
“Carrier” means a company which directly provides the service of passenger carriage that was chosen and paid using the booking and payment system of the Site.
“Electronic payment system” means a legal entity with all necessary technical facilities to take payments for the service purchased by the Client on the Site.
3. USE OF THE SITE
3.1.User/Buyer/Customer is obliged to get acquainted with the terms and conditions of this Agreement and confirm his support for them when ordering any service on the Site.
The Clients shall conclude all agreements posted on this website directly with the Service suppliers; the Client has the right to reject the services proposed on the website tripsee.com by virtue of disagreement with the terms and conditions of the Agreement.
3.3. Mandatory conditions for using the website tripsee.com
The Client is responsible for ensuring that he is above 18, has all civil rights stipulated by current legislation and has the Legal and Active Capacity. The Client shall use this website at all times comply with the terms and conditions of this Agreement. The information submitted by the Client is in good faith, transparent, updated, complete and accurate. The Client shall use this Site only for making the bookings for himself or for other physical persons who authorized him to act on their behalf.
3.4. The means of information support for booking procedure provided by the website tripsee.com
The website www.tripsee.comshall offer an opportunity to receive a consultation on a twenty-four hour basisabout the reservation, purchase, receipt, modification and cancellationof services. Online customer support and helpdesk shall provide advice on the issues mentioned above.
Legitimacy of e-mail messages
The e-mail is the main channel of communication between the Site and the Client. Therefore, the Client hereby accepts that all electronic letters from the website shall satisfy all legal requirements equally to the printed documents.
3.5. The Site has the right to post on its page some links to other websites that are beyond tripse.com’s control but only in order to present additional information for the Client.
4. REGISTRATION ON THE SITE
4.1.The registration on the Site is a mandatory procedure for the Client in order to access to the Site’s services. During the registration the Client is obligated to provide his data as follows: his e-mail (hereinafter used as his login), his first name, his last name, contact telephone number.
4.2.The Client shall generate his password by himself during the registration on the Site.
4.3. The Client is ably to create his account in two different ways: full registration through the site’s form and/or express-registration using Client’s profile in Facebook, Google+ or VKontakte but later the Client is obliged to give all data mentioned above.
4.4. At any moment the Client shall have the facility to view his orders and his personal information on the Site using his e-mail address created at the time of placing his order, and his password to access the system. The Client can use, if necessary, the password reset option.
4.6. In case the Client has his own account on www.tripsee.com(section “My cart”) he has the facility to view all information on this account and he is fully responsible for all transactions which were made using his account. All transactions through section “My Cart” made using the Client’s login credentials (e-mail and password) are regarded as being his own.
4.7.The Client has the right to refuse to use the Site deleting his login credentials and his personal account “My Cart”.
The Client shall send the request for deleting his data using his e-mail that had been registered on the Site, to e-mail of the Support Service firstname.lastname@example.org. After removal of the data the Client shall not be able to renew the records in the “My Cart” section (including the list of his orders regarding all services, accumulated bonuses, his login credentials).
4.8.Tripsee.com is not liable for the accuracy and correctness of the information provided by the Client during registration.
5. GENERAL CLAUSES: BOOKING, PURCHASE, PAYMENT PROCEDURE
5.1. GENERAL CLAUSES: BOOKING
5.1.1. Booking system consists of following data: the accommodations available for booking (for example, hotels, hostels), including the information about prices, tariffs, type of accommodation, schedule of airlines, transportation rules, type and description of a transport vehicle (concerning transport services), available spaces on a trip, fare for the transport services, service provider’s tariffs, rules of their implementation and the list of various services.
5.1.2.The information mentioned above shall be as accurate as possible given that the information is provided by Service suppliers or their authorized representatives in their booking systems. Whereas, the information in booking system may be revised and amended at any moment, therefore it should be used by the Client as it is at the moment of booking.
5.1.3. Making the booking on the Site the Buyer is obliged to provide his personal data according to the article 4.1. of this Agreement as well as the personal data concerning the Users: last name, first name, patronymic (as stated in the document), date of birth, gender, data of civil identification documents, citizenship.
5.1.4. Placing the order the Client must fill in all empty bands marked as “mandatory”.
5.1.5. After modifying the personal data of anyone in the placed order the agreed prices can be revised. Therefore, the Client shall take all possible commercial risks (returning the tickets, paying for corrections, placing a new order, changing the tariff, refunding of the amount ets), connected with his incorrectness and inaccuracies in personal passengers’ data.
5.1.6. The booking made by the Client on the Site www.tripsee.comthat was not paid during the limited period of time, shall be canceled automatically during the period established by the Service supplier. No penalty shall be charged for canceling unpaid booking.
5.1.7. In case of discounts for children and/or infants, their age should meet the relevant age category established by the Service supplier such as “child” and “infant” at the moment of arrival to the hotel (check-in), boarding or other beginning of service use.
5.1.8. If the Client’s name indicated in the order does not meet the name indicated in the identity document the service cannot be provided.
5.2. GENERAL CLAUSES: PURCHASE
5.2.1.The commitments under the service provision shall be fulfilled after sending to the Client’s e-mail address via the Internet the electronic copy of sample paid work order as the basis for the trip or service provision; and/or after reflecting the information about paid order on the Site at “My cart” section with downloading the paid work order form.
5.3. GENERAL CLAUSES: PAYMENT
5.3.1. The Client shall select the most convenient for him means of payment among available methods for this kind of service.
18.104.22.168.The Client can pay the invoice issued for chosen service by transferring funds to the tripsee.com account if this option is possible for this kind of service.
22.214.171.124.The Client can make the payment for the service by credit card if this option is possible for this kind of service.
5.3.2. Making the payment by credit card the Client shall authorize www.tripsee.comor the Service supplier to make withdrawal money from his account in order to pay the total amount including bank fees, extra charges, transaction fees for international cross border payments, exchange charges.
5.3.3.The Client shall take the commitment here to bear all bank expenses and other extra commissions determined as additional by the bank that issued the credit card.
5.3.4.The Client shall agree the processing of his personal payment data.
5.3.5.Making the payment by credit card the Client shall provide the payment information about his credit card such as: number of the card, expired date, CVV-code using directly the relevant online payment system.
5.3.6. The Site has the right to refuse from the provision of the service to the Client or to request additional scan copies of card holder’s documents in case of existing some doubts that transaction with credit card may be an attempted fraud.
5.3.7. According to the Regulation "On Procedure for the Issuance of Special Means of Payment and Carrying out Transactions Involving Special Means of Payment", approved by the Resolution #223 dated 30.04.2010 of the Board of the National Bank of Ukraine, the transactions involving credit cards should be made by the card holder or his authorized representative.
5.3.8. In order to escape any kind of fraud cases connected with credit card all orders placed on the Site and paid by the credit card shall be followed by electronic payment system inspection. Under the Rules of the international payment system with the purpose of checking the identity of the card holder and his competence for using the card the Customer who placed the order is obliged in accordance with Operator’s request to send by e-mail scanned copies of first two pages of card holder’s passport with the photo as well as the scan copy of the both sides of credit card (number of the card should be hidden besides last four figures). Tripsee.com reserves the right to cancel the order without explanation of the reasons in case of lack of requested documents within the term, pointed out in the tripsee.com request or if there are some doubt concerning its authenticity.
5.3.9. Bank commissions and Credit Card Processing Fees
In case of making the booking outside the country where the credit card were issued, the Bank shall convert amount to local currency and charge the exchange commission as well as the international transaction fee. As a result, the total amount in credit card account may differ from the invoice for the booking on the Site. The bank or the financial institution which issued the credit card can decide to use the rules for international transactions whereas www.tripsee.com transfers the payment to foreign service supplier. Currency Exchange Rates and the international transaction fee shall be determined only by Client’s bank on the date of transaction processing. Exchange Rate is based on various publicly available data sources and can be used only like a recommendation. Nominal Exchange Rate is not always accurate and so can differ from real exchange rate. Exchange rate is renewed daily.
5.4. GENERAL CLAUSES: REFUND
5.4.1. An amount can be repaid only according to the provisions of current legislation of Ukraine, fare rules and regulations established by Carrieror Service Supplier.
5.4.2. Client’s claims for refund shall be processed according to the special conditions for every specific service which are accessible for review in the process of making the booking.
5.4.3. Support Service of the Site has the right to demand from the Client, who claims refund, the scanned copies of additional documents: personal identification documents, application letters, references, certificates and other documents to justify his claims as well as the submission of the bank account statements in case of financial disputes.
6. SPECIFICITIES OF USING THE SERVICES OF THE SITE
6.2.The Site shall provide the services of reservation of temporary accommodation establishment (hereinafter referred to as «Hotels»). In the process of hotel reservation the legal relations exist only between the Client, on the one hand and the Service Supplier/ temporary accommodation establishment, on the other hand.
6.2.2. All disputes between the Client and the Hotel shall be resolved by applying to the Support Services of the Service Supplier or the Site using contacts in the accommodation voucher.
6.2.3. Tripsee.com from time to time can give/post on its Site reduced hotel rates for a restricted and defined period of time, but this hotel rates can include some special restrictions and rules for cancellation/modification, penalties or additional conditions for refund, which stated in the section “Special conditions for refund”. The Client shall check for himself the detailed information about the room, rates and other conditions before booking the hotel.
Tripsee.com has the right to grant discount for hotel accommodation at its own expense for members of Site’s closed user group as part of a marketing program or for all Site’s Clients.
6.3. HOTEL RESERVATION
6.3.1. The rules for hotel reservation service are posted on the website www.tripsee.comon the corresponding page of the hotel, including the cancelation policy, no-show in accommodation service policy as well as all hotel’s additional conditions and regulations (provision of hotel services) that can be implemented when making the booking.
126.96.36.199.The Client acknowledges and agrees that tripsee.com shall provide hotel reservation service under the provisions of partnership /agency/subagency contracts with Service Suppliers.
188.8.131.52. Hotel reservation service is considered to be provided after sending to the Client’s e-mail address the electronic accommodation voucher according to tripsee.com’s or Service supplier’s standards.
184.108.40.206. Such clauses as a type of the rate, the cancelation policy, booking modifications, a package of extra paid servicesproposed by the hotel, are determined by booking terms and conditions and indicated at the time of making the booking on the website tripsee.com.
220.127.116.11. Reaffirming the reservation of the service the Client acknowledges and accepts the booking terms and conditions, the amount for provided services, available means of payment.
6.1. AIR TICKETS
6.1.1. Booking airline tickets for scheduled flights and charter flights
The rules and regulations for air ticket reservation are available on the following link:
Special additional terms and conditions concerning the ticket fare can be specified regarding every kind of airline ticket and corresponding them airline flight.
For example, depending on the price and the airline company policy the air ticket can be not cancelable and/or nonrefundable or include various additional restrictions regarding the route or compensation.
The Client is fully responsible for meeting all contract conditions established by airline company regarding check-in time, flight confirmation ect.
18.104.22.168. Charter flights
The conditions for atypicalcharter flight reservation are contained in the special charter programs established by the relevant Service Supplier and includes the terms of purchase and cancelation of air tickets. Charter flight air ticket may have nonrefundable fare. Thus, if the Client cancels his booking marked as “No Refund” irrespective of the date of cancelation, 100 percent of the cost of the charter airline ticket can be charged.
Tripsee.com shall not be liable for the flight cancelation or changes of arrive/departure flight time, its original destination and, following them, changes of tour program, volume and deadlines for providing tourism services. At the same time all terms and restrictions of air carriage on charter flights provided by the Service Supplier are covered by the Passenger and Baggage Carriage Rules, Actual Carrier Rules and current legislation in the field of carriages. The arrival/departure time of the flight can be changed for no more than 24 hours. The Client is obliged to check for himself the information about possible changes in flight status on Service Supplier’s site indicated in the electronic ticket (E-Charter) using the flight number on the website of actual carrier.
In case of increasing in the price of air tickets, fuel fees, airport charges and other services up to 5 percent, the total value of provided tourism services shall be changed and so the Service Supplier has the right to submit an invoice for additional payment to be paid during 2 bank working days. If this invoice is not paid during this period, this Agreement shall be terminated and the payment made before shall be returned to the Client excepting the Service Supplier’s expenses and bank service charges.
6.5.3. Payment procedure
22.214.171.124. All funds received from the Client are not privately owned by Tripsee.com LLC, and as a transit payment then shall be transfered to Service supplier’s account according to the provisions of contracts between Tripsee.com LLC and the Service suppliers. The Client is acquainted with the fact that all funds has been paid to Tripsee.com LLC shall belong to the Provider of the relevant service and therefore Tripsee.com is obliged to transfer the money to Service supplier. Any claims in relation to the refund, even if the Client has groundsfor it, shall be addressed to the Service supplier directly and/or to the Support Service of Tripsee.com.
Tripsee.com has the right to assist in refunding but can not guarantee the result. Refunding of the price that the Client claimed for unused electronic vouchers can be made only regarding the electronic vouchers issued by Tripsee.com under this Agreement.
126.96.36.199.1. The Service supplier shall determine the method of payment for hotel accommodation.
Payment for hotel services can be made by the following means:
Payment (full or partial) by a credit card
Withdrawal of the full or partial cost of ordered services from the Client’s card shall be made at the time of making the booking on the website tripsee.com in the currency determined by the Service supplier, in case of difference between currencies the conversion can take place.
188.8.131.52.2. Payment to the current account of “tripsee.com” LLC
Payment for the services shall be made in Hryvna directly by the Client by transferring the money to the current account of Tripsee.com pursuant to the invoice.
184.108.40.206. The overall amount of all taxes depends on hotel’s internal regulations and its location.
The price shall not include the tourist and other taxes as well as some local city taxes, fees for hotel accommodations (if applicable) which must be paid directly at the establishment.
220.127.116.11.The Client shall make the booking of selected services at cost stated on the Site.
6.5.4. REFUND, MODIFICATIONS, NO-SHOW
18.104.22.168. The Client can cancel the booking on the website tripsee.com in the Section “My cart”. Cancellation/change/no-show fee can be charged from the Client under the booking conditions.
22.214.171.124. The processing of the request for refunding as well as actual refunding are in the competence of the Service Supplier that shall determine the rules and terms for this.
126.96.36.199. The Client can send a request to make changes in his booking by contacting the Support Service of the Service supplier and/or tripsee.com using contacts in his electronic accommodation voucher.
188.8.131.52. “tripsee.com” LLC is not liable for the refund of money to the Client from the Service Supplier as well as for the opportunity to change the order and other booking modifications.
184.108.40.206.The booking conditions can include a fee for no-show at the hotel. In case of prepayment or authorization using the credit card the value of the order shall be refunded/unblocked to the Client excepting no-show fee.
220.127.116.11. The refund of all costs excepting all agreed at the time of booking fees and service charges of the Service Suppliers, shall be made in the same way as the payment for the service had been made. The Client is obliged to fill out an application form for refunding in the section “Cancel the booking”.
6.7.2. The terms of the insurance policy that shall be executed with the insurance company, insurance packages, the necessary steps in case of occurrence of the insured incident are an integral part of the Insurance Rules and are determined by the insurance company directly.
6.10.SERVICES PURCHASED BY USING MOBILE APPLICATIONS
6.10.1. Booking services on the website www.tipsee.com are available with the help of such mobile applications as iPhone and Android.
7. RIGHTS, OBLIGATIONS AND RESPONSIBILITY OF THE PARTIES
7.1. RIGHTS, OBLIGATIONS AND RESPONSIBILITY OF THE CLIENT
7.1.1. The Client has the right to:
18.104.22.168. Use all available services, background information and various information/reference materials on the Site with the purpose of selection, purchase or examination of available routes, prices as well as types, list and conditions for services.
22.214.171.124. Use the information and advisory services provided by the Support Service of the Site.
126.96.36.199. Make a purchase for third parties, on their behalf but only if he is duly authorized by them to chose and purchase the Service as well as to submit their personal data needed for the processing of the service.
7.1.2. The Client is obliged to:
188.8.131.52. Comply with the terms and conditions for the purchase established by the Service supplier that is in charge of providing the selected by the Client service including, but not limited to, the payment of the total amount in time and in accordance with the fixed tariffs, rules and restrictions.
7.1.3. The Client and the User shall get acquainted, acknowledge and shall be responsible for:
184.108.40.206.Any violations of any Rules and provisions of the Agreement as well as the Service supplier’s limitations can lead to the cancelation of the booking/orders, the refusal to grant access to the purchased services, without refunding and/or debiting Client’s account by the Site in order to guarantee a compensation for any loss or damage sustained as a result of the wrongful act.
220.127.116.11. The whole process of making the booking such as a creation of routes and dates, selection of a desirable flight, input of data, selection of payment methods and other, is in full competence of the Client. The Client is fully responsible for the accuracy and correctness of data entered in the process of booking. The information submitted by the Client is automatically fixed in the booking system and in the Service supplier’s internal database as well as in the tripsee.com’s system in order to process the order.
18.104.22.168. The Client shall take the sole responsibility for the compliance with the conditions and rules determined by the Service supplier.
22.214.171.124. The Client is fully responsible for a submission and proper processing of the documents, visas needed for crossing the border of transit-countries and main destination countries. The period of validity of the passport and other documents must comply with the host-countries’ demands.
126.96.36.199. The Client is fully responsible for a timely submission of his visa data and address of his place of residence at the destination in order to enter this information in paid order on demand from the Service supplier.
188.8.131.52. The Client shall take the sole responsibility for timely submission of his claim or performing certain formalities.
184.108.40.206. The purchase of service on the website tripsee.com with intent to commit a fraud can lead to the problems with visas, at check-in etc.
220.127.116.11. The fraud with the credit card (or its attempts) is punishable under the legally established procedure.
7.2. RIGHTS, OBLIGATIONS AND RESPONSIBILITY OF tripsee.com
7.2.1. “TRIPSEE” LLC has the right to:
18.104.22.168. Revise and amend the Site content at its own discretion at any moment without prior notice to the Clients: to add new and/or to redact the existing services provided by the Service suppliers, Site’s available services and functionality; to change a design, Rules for the conduct of loyalty programs; to add/cut down the payment methods, which can be used for payment for the orders on the Site.
22.214.171.124. Suspend the provision of services on the Site without prior notice to the Client in order to undertake technical work.
126.96.36.199. Correct any errors in services’ value on the Site and/or in placed orders (paid and unpaid) which had been booked for the wrong price. In this case the Client has the option to choose, if it is possible, either to retain this booking for the right price or to cancel this booking without charges.
188.8.131.52. Deny access to the Site and its services without any explanation at its own discretion, at any time and to any user.
184.108.40.206. Carry out actions regulated by the anti-fraud policy.
220.127.116.11. Collect information about the Client’s orders on the Site with a view to submit him information about special offers, actions and additional services presented on the Site.
18.104.22.168. Propose additional commercial and free services to the Client, for example, SMS message about flight delays or cancellations; recommendations for selecting a hotel when seeking air tickets, insurance services etc.
Depending on a step in the booking dialog window where additional service is proposed, its value shall be either included in the total amount of the Order price or paid separately.
7.2.2. “TRIPSEE” LLC is obliged:
22.214.171.124. Make good faith efforts to provide services to the Clients.
126.96.36.199. Report to the Client on changes in services’ list or inability to provide paid service, on the condition that the Service supplier had informed tripsee.com LLC about this in time.
7.3. ABDICATION OF RESPONSIBILITY
7.3.1.www.tripsee.com shall not act as a service provider together with the supplier of that service selected by the Client, and so is not involved in disputes between the Client and Service supplier or the company providing the service.
7.3.2. Tripsee.com shall not provide legal advisory services and shall not represent Client’s interests vis-à-vis the Service supplier and other parties.
7.3.3.The Client is obliged to know that the Support Service of the Site shall not process the requests received from the address email@example.com if this address had been used to send message from the Site to the Client.
7.3.4. Tripsee.com shall under no circumstances be responsible and pay damages. Tripsee.com cannot guarantee that the information is completely free from inaccuracies and errors and does not accept liability for any errors, inaccuracies, omissions, statements, guarantees, violations or negligence regarding the goods and services provided by each and every Service supplier, available on the Site (including prices, area schemes, photos, list and description of services, statistics etc) because most of this information is provided by the relevant Service suppliers. Tripsee.com is not also responsible for various forms of bodily injuries, death, property damages, other losses or additional costs resulted from the things mentioned above as well as for damages and losses suffered in result of travelling to different countries all over the world.
Notwithstanding the competence and careful selection of potential Service suppliers, the Site is unable to run a full security independent check of all information provided by the Service suppliers, but Tripsee.com shall make good faith efforts to ensure to the Client the full provision of service in case of delays, cancelations, route changes, undue booking, oversights, force majeure or other circumstances which are beyond our control.
Tripsee.com is not responsible for damages or any additional costs suffered by the Client in result of any government actions; for inconveniences and damages in result of submission of inaccurate information in using the Site; for non-delivery of information by the communication system or if the Client delayed reading or did not read sms messages; for checking e-mail by the Client, which was indicated when placing the Order and to which the information regarding the placing on the Site Orders can be sent; for the cases where in result of Client’s neglect of security and his personal data protection third persons got unauthorized access to the Client’s login credentials and his personal and other data that caused damages to the Client; for the quality of various channels of communication for public use by which the Client gains access to the Services or Support service operator and if in result of bad reception there was a failure in booking, processing or making payment for the Order.
7.3.5. “TRIPSEE” LLC is not responsible for the complete or partial non-operability of the Site or its components for some time, as well as for Client’s inability to access the Site and any direct or indirect costs arising out of this. All propositions, prices, conditions of purchase can be:
- changed without prior notice to the Client,
- limited in time,
- limited by availability, period of validity of reservations, dates of trip, minimum and maximum periods of stay in the destination country, holidays and weekends, seasonal price fluctuations, waiting lists as well as strikes and temporary non-operability of booking systems.
The conditions of purchase can be also determined by other changes, terms and limitations.
7.3.6. “tripsee.com” LLC shall not bear responsibility for the negative effects and damages caused by events and circumstances beyond its competence, as well as the actions (inactivity) of third persons, such as, the inability to fulfil its obligations because of unreliability, insufficiency and delays of data and documents submitted by the Client or the violations of this Agreement’s terms or requirements for documents.
tripsee.com” LLC shall not bear responsibility for:
- The acts of the carrier (denials, cancelations, changes, delays of flights and other transports, change in the cost of tickets, withdrawal of the tariff from sale, cancelation of unpaid and paid reservations);
- The storage, loss of or damage to luggage, cargo, valuable things and documents of passengers throughout the entire period of their trip. The air carriers are responsible for such cases to compliance with the international rules and current legislation of Ukraine. Passengers’ claims shall be processed by Carriers in accordance with the legislation of Ukraine and passenger and baggage carriage rules;
- The acts of the customs and immigration authorities;
- The restriction on the passenger’s right to leave Ukraine or other place of departure imposed by the competent authority in the countries concerned;
-The acts of foreign consulates such as delays, refusal or change of the time limit for issuance of entry visa;
- The negative effects because of the passenger has broke the customs and border regulations, the passenger and baggage carriage rules as well as the special rules for behavior in the host-country;
- the lack of documents received from tripsee.com;
- no show or delay of passengers at check-in;
- the violation of the rules of behavior on the plane determined by the air carrier;
- the lack of valid foreign passports before travel, relevant documents for minors under 18 years of age travelling abroad;
- the credibility and accuracy of Customer’s/User’s/Buyer’s/ documents (the credibility of data from this documents).
7.3.7. The Client confirms and guarantees here that he has got acquainted and agreed with: the requirements for the list of documents and the processing of documents necessary for traveling, and bears all responsibility for preparing and processing of all required documents for his trip.
The Client must get acquainted by himself with the requirements existing in the country of destination and comply with this requirements including requirements for the processing of documents needed for the departure and arrival, the visa requirement, the purchase of return ticket when entering visa-free countries for citizens of states which has the relevant Treaty with Ukraine, or compliance with other requirements necessary for the entry (health insurance for travelling abroad, confirmation of sufficient amount of money etc), requirements for the documents for minors under 18 years of age, animals, a special license for the export of weapons, art values and other necessary permits and approval.
Tripsee.com is not responsible for Client’s ignorance and non-compliance with these requirements; conditions for fees and charges established by the Carrier including terms for tickets’ refunds or exchanges; as well as conditions for connecting flights in case of purchasing a layover ticket (such as the time needed for a layover, getting a transit visa etc); requirements for foreign passports and other formal documents including the sufficient period of time of validity of the foreign passports to get visas and enter the host-country, features of border (customs) regulations between Ukraine and other countries; commitment to comply with the customs and border rules; the fact that passengers are fully responsible for the validity of their passports, the notarized consent for travel abroad by minors under 18 years of age and other documents needed for crossing the border, as well as for the credibility of the data in these documents; the fact that the deportation of the Customer/User/Buyer by the reason of invalid entry and exit documents shall be carried out exclusively by passenger’s funds.
The Client is obliged to get necessary information about deportation procedure in the Consulate of the relevant country by himself.
8. ARBITRATION OF DISPUTES
8.1. All disputes and differences which may arise out of the present Agreement shall be settled by negotiation. All issues which are not governed by this Agreement, are regulated by the current legislation of Ukraine.
8.2.The relations which has arose from this Agreement shall be governed by current legislation of Ukraine.
9. PROHIBITED ACTIVITIES
9.1. It is prohibited to:
- Use this website or its content pursuing the commercial purpose.
- Use the service www.tripsee.comin a way which is in violation of the provisions of this Agreement or any article of current Ukrainian legislation.
- Use any kind of equipment and/or the software which is intended for: damaging the infrastructure of the Site, a disruption of timely and effective operation of the Site; an attempt for the intercept the data or the personal information which is in the processing by the Site; performing acts which cause a high load on the Site and other systems involving in the provision the services for the Client; monitoring, automatically withholding of information or copying any data, the content and/or other information of this Site, in any ways, for any purpose, without of official written permission from www.tripsee.com.
10. INTERPRETIVE COMMENTS
10.1. In case the part of this Agreement is recognized as illegitimate or legally invalid, the Agreement as a whole remains in force.
10.2. Printed copies of this Agreement and any other electronic massages must be accepted in legal proceedings, including but not limited to, administrative proceedings on the basis of this Agreement. Such printed copies are submitted to the same terms as other official documents and books, which were produced earlier and are stored in paper form.
10.3. Our travel services are various and may include additional functions if the Client orders them in the process of subscription to our service. By virtue of this in some cases the additional conditions can be applied.
10.5. The Client is obliged to get acquainted with each of the document mentioned above carefully and give his consent to act strictly in accordance with these rules when making the booking/ activating the service.
10.6.The Client agrees that a joint venture, a partnership or labour relations can not arise between him and Tripsee.com in the result of implementing the provisions of this Agreement or using this Site.
10.7. Service suppliers that provides tourist and other services on this Site are the independent contractors but not the agents or the Company employees.
10.8. The Service supplier is fully responsible for the carriage of a passenger and the provision of tourist service.
10.9. Information and resource capacity accessible in various sections of the Site (such as timetables, statistics on flight delays, ratings, guides, weather forecast, tourist news, information products on countries, cities, events etc) is intended to be used by the Client solely for the acquaintance.
10.9.1. All data from timetables, information about flights, arrival and departures information board, statistics on flight delays, weather forecast are provided by the relevant companies specialized in data collection, therefore Tripsee.com is not responsible for the credibility and accuracy of the information from this sections of the Site.
The website www.tripsee.comshall not bear the responsibility for any changes in the timetables and information resources.
11.1. The Parties are relieved from the responsibility for partial or complete default from obligations of the present Agreement, if it was a consequence of action of a force majeure, that arose after the conclusion of this Agreement.
11.2. Force-majeure circumstances include: fire, acts of God, war, military operations of any kind, epidemics, actions of legislative and executive authority, which may prevent from fulfilling the obligations, changes in immigration policy, terrorist acts or any other circumstances beyond the control of Parties. The time stipulated for the fulfillment of such obligations shall be extended for the period equal to that during which such circumstances will remain in force.
11.3. Should the circumstances indicated in the article 11.2. of this Agreement arise or terminate the Party which can not fulfill its obligations under the present Agreement, is obliged to communicate to the other Party this information within three days. Ignoring this requirement shall lead to loosing Party’s right to refer to this circumstances in order to escape liability under this Agreement. The time for the fulfillment of this Agreement shall be extended for the period equal to that during which such circumstances will remain in force. In case this circumstances remains in force more than 14 (fourteen) days, each Party has the right to renege on its obligations under this Agreement. These circumstances must be certified by the decision of the Chamber of Commerce and Industry of Ukraine or other authorized agency.
11.4. Should the circumstances arise the Parties have the right to apply to the courts for the termination of the Agreement.
12.TERMINATION OFPUBLIC OFFER AGREEMENT
12.1. “TRIPSEE.COM” LLC are entitled to revise, amend or edit this Agreement at any time in its sole discretion without prior notice to the Client. If the Client continues to use this website services it means automatically his acceptation of the changed or edited Agreement.
12.2. Both Parties such as The Client and “TRIPSEE ” LLC have the right to terminate this agreement at any time with prior written notice sent by mail.
12.3. “TRIPSEE.COM” LLC has the right to terminate this Agreement at any time without prior written notice in case of violation of the rules and terms for booking and payment for services by the Client.
13. TERM OFPUBLIC OFFER AGREEMENT
13.1.This Agreement shall be effective from the moment of its conclusion (acceptance the offer) for the foreseeable future.
14. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
14.1. Accepting the conditions of this Agreement the Client agrees the processing of his personal data (including its collection, storage, systematization, modification, removal, dissemination, transfer in a depersonalized form, blocking).
The information mentioned above (personal data) shall be processing under the Law of Ukraine “On protection of personal data”.
The purpose of our current personal data processing is to provide our Clients with the information and materials posted on the website www.tripsee.com.
Therefore, a personal data shall be deemed as the following and include, but not be limited to: the surname, name and patronymic name; e-mail address; date of birth; gender; place of residence; electronic identification data; electronic localization data; Client’s passport data and other data, that are freely submitted by the subjects of personal data for reaching the goal of the processing.
The personal data processing is carried out in accordance with the Civil Code of Ukraine, the Commercial Code of Ukraine, the Law of Ukraine “On protection of personal data”, the Law of Ukraine “On Information” and other legislative acts.
15. ANTI-FRAUD POLICY
15.1. The principles and methods of anti-fraud policy of tripsee.com are stated in the Section “Anti-fraud policy” which is an indispensable part of this Agreement.
15.2. Tripsee.com reserves the right to investigate any illegal and/or unauthorized using of this Site, including, but not limited to, unauthorized using of robots and other automated equipment , and to take relevant legal actions in accordance with the current legislation of Ukraine, in order to prevent damages and losses or to secure claims included compensation for losses.
16. AUTHOR’S RIGHTS
16.1. All materials of the Site belong to Tripsee.com and its partners. All materials are protected by copyright and intellectual property rights, including but not limited to, Site design, name, trademarks, logos, texts, database and other elements of Site’s content.
16.2. The Client has no right to fully or partly copy, spread or use or display in any other form the content of the Site or the main programming code without preliminary agreements with Tripsee.com.
16.3. In case the Client became aware of the breach of the law regarding our brand, the Site asks him to communicated to the Support Service of the Site.
16.4. If the Client is fully confident that the material posted on the Site is infringing his copyright, he (or his representative) can send us the original or scan-copy of written request with a clear description of these materials as an evidence of his rights violations; contacts of the sender; his signature.
17. DETAILS OF tripsee.com
Legal Addresses and Bank Requisites of the Parties:
Limited Liability Company “tripsee.com”
Registered number 40320075
Address: 04071, Ukraine, Kyiv, Nizhny Val, 17/8
Bank: Ukrsibbank BNP Paribas Group 351005
Account number 26000604507500
Director or authorised person Yuliia Chelikpazu
E-mail: firstname.lastname@example.org (as described in article «communication regulations»)
I have got acquainted with the terms and conditions of the Public Offer Agreement of the website www.tripsee.com, agree with them, accept them and undertake the commitment here to act in the compliance with them and consent to processing of my personal data.