Public offer

 Public Agreement on the Provision of Online Ticket Booking and Sales Services
 
Effective Date: September 1, 2024

 
This Public Agreement (hereinafter referred to as the “Agreement”) defines the procedure for providing and receiving booking and ticket sales services. It regulates the relationships between the Intermediary, the End Consumer, the Carriers, and the Manufacturers/providers/owners of third-party booking and sales systems. According to Article 633 of the Civil Code of Ukraine, this Agreement is a public contract.
Before using the website, please review the Agreement.
The Agreement contains important information regarding the use of the Website and warnings regarding the provision of services that you may receive through this Website. You agree to familiarize yourself with this Agreement before each use of the Website. If you disagree with the terms outlined in the Agreement, please do not use the website https://kvytok.lptransservice.com.
The public offer agreement, rules, and terms may change without prior notice. Changes to the public offer agreement, rules, and terms take effect upon publication on the Website.
Your act of booking and/or purchasing a ticket signifies your unconditional acceptance of this public offer agreement and your agreement with the rules and conditions established by the Website owner.
If you have questions about using this Website, please contact our support team:
Phone: +380632502143
E-mail: office@mobility.partners
 
 In this Agreement, the following terms are used with the following meanings:
End Consumer – an individual or legal entity who directly uses the service, work, product, software, etc., implemented/sold through the Booking and Sales System.
Intermediary – MOBILITY UKRAINE LLC (EDRPOU Code 44422062), which is properly registered and provides booking services and other related services. The Intermediary engages in intermediary activities for booking tickets on international bus routes, providing other booking services, and related activities.
Carrier(s) – a legal entity or individual entrepreneur who provides passenger and baggage transportation services by any means of transport.
Manufacturers/providers/owners – economic entities that are the primary creators of the service, work, product, software, etc., that is implemented/sold through the Booking and Sales System.
Ticket (including e-ticket) - a travel document of an established form that entitles the passenger to receive bus transportation services, created in the Booking and Sales System (BSS) – a computer program for online booking and sales of travel documents (tickets) for any type of transport, hotel rooms, insurance policies, and other services directly or indirectly related to movement through space, the right to use which belongs to MOBILITY UKRAINE LLC.
Booking and Sales System (BSS) – a computer program for online booking and sales of travel documents (tickets) for any type of transport, hotel rooms, insurance policies, and other services directly or indirectly related to movement through space, the right to use which belongs to MOBILITY UKRAINE LLC.
GENERAL PROVISIONS
The Intermediary carries out business activities through the Internet site of the domain https://tickets.kvell-travel.com.ua/
This Agreement is a public offer (official proposal) from the Intermediary. According to paragraph 2 of Article 642 of the Civil Code of Ukraine, in case of acceptance of the following conditions and payment for services, the legal or natural person who thus accepts this offer becomes the Buyer. This Agreement may be concluded (accepted) by the End Consumer by submitting a request for booking and/or purchasing an international bus transportation service and making a payment in favor of the Carrier. By booking and/or purchasing a Ticket, the End Consumer confirms that they are fully aware, agree, and accept the terms of this Agreement.
          The End Consumer and the Intermediary are aware of the general requirements for the conclusion of Agreements, the observance of which is necessary for the validity of the transaction, possess full civil legal capacity and civil capacity, have the necessary powers to conclude such a transaction, fully understanding the significance of their actions and freely expressing their will, which corresponds to the internal will of the participants in this transaction, aiming at real legal consequences, understanding the legal nature of this transaction, as well as their rights and obligations under the Agreement, in accordance with current legislation, have concluded this Agreement as follows: 
 
1.    SUBJECT OF THE AGREEMENT
1.1. Under the conditions specified in this Agreement, the Intermediary undertakes to provide the End Consumer with the service of finding the appropriate Carrier, in accordance with the date, time, and direction chosen by the End Consumer, forming connections between different Carriers, concluding a transportation contract (by booking a Ticket), issuing tickets from various Carriers in one order, pre-selling tickets, reserving seats, ordering tickets by phone, reissuing tickets, searching for an optimal schedule upon request of the End Consumer, providing customer support to the End Consumer, including End Consumer support, additional services at the request of the End Consumer, as well as pre-payment for the Ticket with funds received from the End Consumer (hereinafter referred to as Services), and the End Consumer undertakes to pay for the services provided directly to the Intermediary.
1.2. The End Consumer intends to use the booking services for international and domestic bus transportation.
2.    RIGHTS AND OBLIGATIONS OF THE PARTIES
 2.1. Under the conditions of this Agreement, the End Consumer has the right to:
2.1.1. Receive services under the Agreement;
2.1.2. Use the Ticket, in accordance with the chosen date, time, place of departure, and selected Carrier;
2.1.3. Return the Ticket under conditions defined by the Carrier and/or MOBILITY UKRAINE LLC.
2.1.4. Request compensation for damages arising from the terms of the Agreement by submitting a relevant appeal to MOBILITY UKRAINE LLC.
2.2. In the event of moral damage to the End Consumer caused by the actions or inactions of MOBILITY UKRAINE LLC, the amount of compensation, upon its proof and substantiation, may not exceed an amount greater than the Ticket price.
Please note that some Carriers require ticket exchange and/or refund exclusively at the station’s ticket office, with no option for a refund through the website or partner offices where the payment was made. Conditions for such exchange and/or refund are specified in the Ticket.
2.3. The End Consumer is obliged to:
2.3.1. Pre-pay the Ticket, at 100% of the price indicated on the website, or reserve it, according to the Ticket Reservation Rules;
2.3.2. Verify the date, time, city/place of departure, city/place of arrival immediately after purchasing the Ticket;
2.3.3. Arrive at the place of departure at least 30 minutes before the bus departure;
2.3.4. Notify MOBILITY UKRAINE LLC of the inability to use the Ticket for any reason;
2.3.5. Familiarize themselves with the conditions for returning the Ticket;
2.3.6. Contact MOBILITY UKRAINE LLC before paying for the Ticket if the chosen Carrier's return conditions are not available on the Website.
2.4. MOBILITY UKRAINE LLC has the right to:
2.4.1. Act on behalf of the Carrier within the scope of authority defined by contractual relations;
2.4.2. Conclude a transportation contract between the End User and the Carrier under the conditions and method defined by the Carrier;
2.4.3. Set and receive additional compensation from the End Consumer for additional services and/or services provided;
2.4.4. MOBILITY UKRAINE LLC has the right to record telephone conversations with the End Consumer in the event of a request to the service center and/or in the event of serving the End Consumer and/or the need to inform the End Consumer and/or obtain additional information regarding any Ticket made through the service of MOBILITY UKRAINE LLC and/or the Website.
 2.5. MOBILITY UKRAINE LLC is obliged to:
2.5.1. Timely inform the Carrier about the purchased Ticket and additional services paid for by the End Consumer;
2.5.2. Send the Ticket to the End Consumer in accordance with the form established and accepted by the Carrier;
2.5.3. Transfer the funds received from the End Consumer, as payment for the Ticket, to the Carrier’s settlement account;
2.5.4. Notify the End Consumer of changes in the service conditions (subject to notification of such changes by the Carrier);
2.5.5. Notify the End Consumer of changes or cancellations of the trip (in case of receiving such information from the Carrier);
2.5.6. Accept appeals from the End Consumer, independently review them or forward them to the appropriate Carrier for review;
2.5.7. Timely inform the End Consumer about the review of the appeal, and in the case of forwarding the appeal to the Carrier, about the results of its consideration (in case of receipt of such a response to MOBILITY UKRAINE LLC).
2.6. Please note that MOBILITY UKRAINE LLC provides a response to appeals in the same way as they were received. A response will not be sent to a third party (including at the End Consumer’s request).
3.    PAYMENTS
3.1. Payments between the Parties are made in any currency in accordance with the requirements of Ukrainian national legislation, in a cashless form.  
3.2. The final cost of the Sales Object that the End Consumer acquires consists of the immediate cost set by its manufacturer/provider/owner, the service charge set by the Intermediary, the payment system service charge, the service charge of third-party booking and sales systems through which the Intermediary receives the Sales Object for its further sale.  
3.3. Expenses related to the payment with the Intermediary: service charge or percentage for the use of payment systems, currency conversion differences of different countries, service charge of other booking and sales systems, etc., are borne by the End Consumer.
3.4. Funds received by the End Consumer exceeding those subject to transfer to the Intermediary, belong to the End Consumer and remain at their disposal.  
3.5. Funds received by the Intermediary minus the remuneration are subject to further transfer in accordance with existing obligations, have transit status, and do not affect the determination of their financial result.
3.6. Bank services related to the transfer of funds within the framework of the Agreement are paid for by the Party that performs them.
4. CONSENT TO PERSONAL DATA PROCESSING
4.1. The End Consumer gives consent and confirms that the data provided by them during the booking and/or purchase of the Ticket is truthful, and the End Consumer has the right to provide it during the booking and/or purchase of the Ticket and leave it for further processing and storage, including but not limited to the following purposes:
1.    transfer to a third party involved in any way with this Agreement, or with the aim of its full execution;
2.    additional notification to the End Consumer about the status of the trip, changes in its conditions;
3.    further processing of the End Consumer's orders;
4.    receiving service notifications, including those related to promotions, bonus programs, and discounts conducted.
5. LIABILITY OF THE PARTIES
5.1. In the event of a breach of the terms of the Agreement, the Party is liable as determined by this Agreement and applicable Ukrainian law.
5.2. A breach of the terms of the Agreement is its failure or improper performance, that is, performance in violation of the conditions defined by the content of this Agreement.
5.3. The Party is not liable for a breach of the Agreement if it occurred through no fault of its own (intent or negligence).
5.4. A Party is deemed innocent and not liable for a breach of the Agreement if it proves that it took all measures dependent on it to properly execute this Agreement.
5.5. For a breach of the terms of the Agreement, the guilty Party compensates the other Party for all damages caused, including lost profits in accordance with applicable Ukrainian legislation in the amount of documented damages and lost profits.
5.6. The End Consumer is personally responsible for compliance with the terms and rules of the chosen Carrier and the Agreement and the rules of using the Website.
5.7 The End Consumer bears sole responsibility for failing to provide accurate information, including, but not limited to, about the person on whose behalf they act within this Agreement, including, but not limited to, for the inability to use personal information on the Website, without any exceptions, including but not limited to, the absence of reliable personal information.
5.8. Please note, this Agreement exclusively governs the terms of booking and/or purchasing the Ticket selected by the User, which in turn is evidence of concluding a Transportation Agreement.
 
6. PERSONAL DATA
6.1. The Parties give each other consent to the collection, processing, and transfer of personal data (specifically, for obtaining, entering into a database, dissemination, transfer to third parties, addition or other modification, destruction, and other actions that the Customer may perform with personal data in written (paper), electronic, or other forms, including, but not limited to, the following data: first name, last name, patronymic, date of birth, passport data, identification number, data from the Unified State Register of Legal Entities and Individuals-Entrepreneurs, including tax system information, qualification data, contact numbers, electronic identification data (IP address, phone, e-mail), residence data, and other data voluntarily provided for ensuring the realization of civil and commercial relations, conducting settlements with the Executor, accounting and tax records, for communication and contractual relations with state authorities, contractors, and other third parties in the course of business, as well as for other purposes that do not contradict applicable law.
6.2. The Parties are obliged to ensure the proper protection of personal data against unlawful processing, as well as against unlawful access, in accordance with national and international legislation on personal data protection, including taking the necessary measures to prevent the disclosure of personal data by employees and/or other authorized persons of the Parties to whom such personal data has been entrusted or who became aware of them in connection with the performance of duties under this Agreement.
 
7.  FORCE MAJEURE CIRCUMSTANCES
7.1. The Parties are released from liability for non-performance or improper performance of obligations under this Agreement if it occurred due to force majeure circumstances beyond the Parties' control that prevent them from fulfilling their obligations under this Agreement.
Force majeure circumstances within this Agreement refer to extraordinary and unavoidable circumstances that objectively make it impossible to fulfill obligations under the terms of this Agreement, namely: threat of war, armed conflict or serious threat of such conflict, including, but not limited to hostile attacks, blockades, military embargo, acts of foreign enemies, general military mobilization, military actions, declared or undeclared war, actions of a public enemy, disturbances, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, uprising, mass disturbances, curfew introduction, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, enterprise capture, requisition, public demonstration, blockade, strike, accident, unlawful acts of third parties, fire, explosion, long interruptions in transport work regulated by relevant decisions and acts of state authorities, closure of sea straits, embargo, export/import prohibition (restriction), and also caused by exceptional weather conditions and natural disasters, namely: epidemic, strong storm, cyclone, hurricane, tornado, storm, flood, snow accumulation, ice, hail, frost, sea freezing, straits, ports, passes, earthquake, lightning, fire, drought, subsidence, and landslide, other natural disasters.
7.2. Upon the occurrence of force majeure circumstances, the Party experiencing such circumstances is obliged to inform the other Party in any form, but no later than 3 business days from the date of occurrence. Failure to comply with this condition deprives the Party of the right to refer to force majeure circumstances.
7.3. The Parties agreed that the onset and duration of force majeure circumstances are confirmed by a Certificate of Force Majeure Circumstances issued by the Chamber of Commerce and Industry of Ukraine or a regional CCI.
7.4. Upon confirmation of the force majeure circumstances by the mentioned Certificate, the period of fulfilling obligations is extended for the duration of these circumstances.
7.5. If the force majeure circumstances last more than 3 (three) months, or when such circumstances arise, it becomes evident that they will last more than this period, either Party has the right to terminate this Agreement unilaterally without liability, provided that it notifies the other Party no later than 10 (ten) calendar days before the date of termination.
7.6. If the Party does not notify or does not timely notify as provided in clause 7.2, it must compensate the other Party for losses incurred.
7.7. If the circumstances listed in clause 7.1 and their consequences continue for more than two months, the Parties will conduct additional negotiations to find alternative ways to execute this Agreement.
8. DISPUTE RESOLUTION
8.1. All legal relationships arising from this Agreement or associated with it, including those related to its protection, validity, conclusion, execution, modification, and termination, interpretation of its terms, determining the consequences of invalidity or breach of the Agreement, are governed by the current Ukrainian legislation and this Agreement.
8.2. All disputes arising from this Agreement are resolved through negotiations, and if no agreement is reached, in court, in accordance with the current Ukrainian legislation.
 9. TERM OF THE AGREEMENT
9.1. The Agreement enters into force on the date of its signing by the Parties and remains in effect for one calendar year.
9.2. If, 30 days before the expiration of the Agreement, neither Party informs the other Party of their intention to terminate it, the Agreement is considered automatically extended under the same conditions for each subsequent calendar year. The number of extensions of this Agreement is unlimited.
10. GUARANTEES OF THE PARTIES
11.1. By making a purchase through the Website, the End Consumer confirms their capacity and consents to the processing of their personal data.
11.2. The End Consumer agrees to pay the Ticket price and relevant taxes for all purchases made with credit or debit cards or another permitted payment method.
11.3. The End Consumer agrees to pay all amounts determined by MOBILITY UKRAINE LLC in case the payment is not made, returned, or rejected by the bank of the End Consumer.
11.4. By selling a Ticket through the Website, MOBILITY UKRAINE LLC confirms that it has the right to sell the Ticket under the terms and obligations defined by the Carrier.
11.5. MOBILITY UKRAINE LLC reserves the right to block credit and debit cards at its discretion in case of suspicious activity.
11. COPYRIGHT
12.1. All materials on the Website, including but not limited to names, logos, trademarks, service marks, trade names, photographs, texts, columns, drawings, clips, and other elements of the website's content (hereinafter referred to as “Content”), are protected by copyrights and intellectual property rights. The Content is controlled and owned by MOBILITY UKRAINE LLC and third parties who have authorized the placement of the Content or provided MOBILITY UKRAINE LLC with materials in another way. The Content is protected by laws, including international agreements and other laws on intellectual property protection. The Website is registered as a collective work under applicable copyright laws, and the coordination, arrangement, and updating of the Content are protected by copyright.
12.2. The End Consumer should assume that all Content on the Website is protected by copyright unless otherwise specified, and the End Consumer cannot use the Website in a manner different from that specified in the Agreement and Rules or without obtaining the consent of MOBILITY UKRAINE LLC.
12.3. MOBILITY UKRAINE LLC does not guarantee or assure that the End Consumer's use of the materials presented on the Website does not constitute a violation of third-party rights. All goods, services, programs, and technologies described on the Website may be the subject of other property rights (including but not limited to copyrights, trademark rights, and patent rights) belonging to MOBILITY UKRAINE LLC. MOBILITY UKRAINE LLC reserves the right not to detail them in this Agreement.
12.4. The End Consumer acknowledges and agrees that they do not receive any intellectual property rights when using, downloading, or printing copyrighted material. Any unauthorized attempt to infringe the rights of MOBILITY UKRAINE LLC in connection with the website's Content, as well as any attempt to harm the website's security system or use the website's Content for purposes not intended by the copyright holder, is a violation of copyright laws, trademark regulations, confidential and open information regulations, and other legal norms and provisions.
12.5. Any products, services, programs, and technologies described in any document posted on this website may be the subject of other intellectual property rights owned by MOBILITY UKRAINE LLC.
12.6. No element of the Website's content should be construed as granting a license or right, by implication, waiver, or otherwise, including, but not limited to, the right to use any trademarks displayed on the Website without the written permission of MOBILITY UKRAINE LLC or a third party that owns the trademarks. Unauthorized use of any trademarks or other material posted on the Website is prohibited.
12. OTHER CONDITIONS
13.1. The Agreement number corresponds to the number of the Ticket purchased by the User.
13.2 .The Agreement's conclusion date is the date of payment for the selected Ticket.
13.3 In all other respects not provided for by the Agreement, the Parties are governed by the current Ukrainian legislation.
13.4. The Agreement is a comprehensive document intended for the User and has overriding legal force compared to previously concluded written or oral agreements between the parties.
13.5. In the absence of documents, letters, acts, etc., in writing, when establishing legal relations defined by this Agreement, their electronic copies may be considered if they are sent/received to the electronic means of communication specified in this Agreement and there is confirmation of their receipt.
13.6. The primary communication channel between MOBILITY UKRAINE LLC and the End Consumer is by e-mails, through messengers, or publication on the website. The End Consumer agrees that all messages, news, and other communications in electronic form have the same legal requirements as in paper form.
13.7 The End Consumer agrees that all messages, news, and other communications in electronic form meet the same legal requirements as in paper form.