The city of Kyiv

 

Limited Liability Company E-SYSTEMS, represented by its director Igor Teleshko, acting under the Articles of Association, hereinafter referred to as the Contractor, on the one part, hereby offers to any business entity or individual, hereinafter referred to as the Customer, on the other part (hereinafter referred to as the Parties), to enter into this Service Agreement related to ordering and booking bus and railway tickets in Ukraine (hereinafter referred to as the Services).

This offer is a public one, and as provided with the articles 633, 641 of the Civil Code of Ukraine the terms contained herein are similar for all consumers; unconditional acceptance of its terms (payment in any manner in accordance with the part 2 article 642 of the Civil Code of Ukraine) shall be regarded as acceptance of this Offer (hereinafter referred to as the Agreement) by the Customer and the Contractor, and the Agreement shall be automatically regarded as concluded.

GENERAL PROVISIONS   

Terms used herein shall have the following meaning

Public Offer Agreement (Offer) shall mean the agreement concluded publicly by and between the Contractor and the Customer on terms and conditions of Services to be rendered to the latter and related to ordering and booking bus and railway tickets in Ukraine;

Booking shall mean preliminary ordering of tickets;

Customer shall mean any capable individual of over 18 years old, any legal entity, any sole proprietor, which receives Services and pays therefor based on the Public Offer Agreement concluded with the Contractor;

- Electronic Travel Document (Boarding Pass) shall mean an electronic document generated by means of relevant software and representing an agreement on a passenger (baggage) transportation.

Web Order (Order) shall mean ordering (booking) of places in passenger trains and buses via the Internet and other channels, with an evidence of the Web Order provided to the Customer, in particular:

- a unique number of the Web Order, based on which the Customer shall purchase of ordered (booked) tickets or obtain printed Travel Documents at a railway/bus ticket desks,

- a boarding pass (in case of electronic Travel Documents) with a unique number of the Web Order, based on which the Customer shall board on trains / buses where it is possible to use an electronic Travel Document;

Contractors Fees  shall mean an extra payment made by the Customer to the Contractor based on the Public Offer Agreement for using the Contractors System to place the Web Order

Transport Operator  shall mean the State Railway Authority of Ukraine Ukrzaliznytsia, and its local enterprises railways and its authorized service providers, as well as the automotive enterprises duly licensed for passenger transportation

Order Service shall mean an opportunity given by the Contractor to the Customer to obtain any Reference Information and to place Web Orders.

- Travel Document shall mean a document drawn up as established by the Transport Operator, printed at the Travel Operators ticket desk, which certifies the Passengers right to use the Travel Operators service.

 

1 SUBJECT MATTER OF THE AGREEMENT

1.1 The Contractor, with the Agent Automated System of Self-Service e-Bilet (hereinafter referred to as e-Bilet system), shall provide the possibility to order and to pay for:

- booking of tickets (with further purchase of travel documents at a ticket desk);

- travel documents (with further printing and receipt of travel documents at a ticket desk);

- electronic travel documents (with issue of boarding passes)

in accordance with the Rules of Using an Agent Automated System of Self-Service e-Bilet and Public Offer Agreement.

1.2 This Agreement shall be regarded as concluded after the Customer confirms its consent at: www.e-kvytok.ua: 

Selection of Agree option in the System dialog window, which offers to accept the terms of this Agreement; 

Complete procedure of registration and authorization in accordance with this Agreement and the System instructions

1.3 With its consent to the Agreement terms and conditions, the Customer shall confirm its competence and capacity, including its age of over 18 years old, and its awareness of the liability for the obligations imposed with this Agreement

1.4 The Customer shall be any person who consented to the terms and conditions contained herein, ordered and paid for the Order.

The Contractors obligations under this Agreement shall be regarded as fully performed since the Customer is provided through e-Bilet System with:

- a unique number of the Web Order represented in a way allowing to copy (write down) such number or to print it together with a form of the Web Order;

or 

- a boarding pass represented in a way allowing to print it (in case of ordering electronic travel documents).

2 COSTS AND SETTLEMENT PROCEDURE

2.1 The Customer shall pay the value of Services as a 100% prepayment via the Internet with bank payment cards.

2.2 The fact of the Customers payment shall be evidenced with the relevant funds credited to the Travel Operators account.

2.3 Funds for not used/partially used Order placed with e-Bilet System at www.e-kvytok.ua and paid with Visa or MasterCard shall be returned through its transfer to the card with which the mentioned Order was paid, after such funds are repaid by the Travel Operator at which ticket desk the documents were returned, and in accordance with the items 7.2, 7.3 of the present Agreement

2.4 Funds for not used/partially used Order placed with e-Bilet System and paid for with the means other than the ones mentioned in the item 2.3, shall be returned in cash at a railway/bus ticket desk.

2.5 The value of one ticket booking shall total UAH 29.00, VAT inclusive.

2.6 The value of Services may be modified by the Contractor. The price modification shall not apply to the pre-paid period.

2.7 Value of Order Service shall be made up with the value of a travel(transportation) document/boarding pass established in accordance with the applicable law and/or Terms of Use and Contractors Fees and includes taxes. Value of Order Service indicated on the website of the Contractor during online order.

3 RIGHTS AND DUTIES OF THE PARTIES

3.1 The Contractor shall be obliged

- to provide the Customer with Services using e-Bilet System;

- to consult on use of e-Bilet System;

- to protect the confidentiality of the Customers information obtained during registration, except for the cases stipulated with the applicable law of Ukraine;

- to ensure information and technical support and consultancy to the Customer throughout the pre-paid period of this Agreement by e-mail.

3.2. The Contractor shall be entitled

- to suspend access to e-Bilet System due to the necessity to perform any required works

3.3. The Customer shall be obliged:

- to comply with the terms and conditions contained herein

- to give true and accurate personal data during registration

- while placing a Web Order, to specify full name of a passenger intending to travel

- to pay the the value of Services to the Contractor specified on the website of the Contractor

3.4. The Customer shall be entitled:

- to require from the Contractor to comply with the terms and conditions set forth in the present Agreement.

4 RESPONSIBILITY OF THE PARTIES

4.1 The quality of public communication channels, with which access to e-Bilet System is provided, shall be beyond the scope of responsibility of parties hereto

The Contractor shall not be held liable for the Customers failure to obtain a unique number of the Web Order or a boarding pass due to any problems with the communication, e-mail, mail server of the Customer, etc.

4.2 In case the Customer fails to obtain, for any reason whatsoever, an order form or a boarding pass with any method mentioned in item 7.4, the Customer shall send an e-mail to support service of e-Bilet System.  

4.3 The Customer shall be responsible for ensuring protection to its passwords confidentiality. All actions related to the Customers e-mail and password shall be regarded as done by the Customer itself.

4.4 The Customer shall be responsible for the accuracy of its information specified during registration and for protection of its confidentiality. All disputable issues related to performance under this Agreement shall be settled by the Parties using the Customers personal details specified during the registration

4.5 The Customer shall be responsible:

4.5.1 in case of booking tickets (with further purchase of travel documents at a ticket desk) for protection of confidentiality of the Web Order number and for timely purchase of travel documents at the ticket desk

4.5.2 in case of ordering and payment for travel documents (with further printing and issue of travel documents at a ticket desk) for protection of confidentiality of the Web Order number and for timely issue of the travel documents at the ticket desk

4.5.3 in case of ordering and payment for electronic travel documents (with provision of boarding passes) − for protection of confidentiality of the boarding pass number and for any consequences of unauthorized copying of such travel document by any third parties;

4.5.4 in all cases for keeping the order (document) number obtained immediately after the payment.

4.6 The Customer shall be responsible for the accuracy of the passengers name and surname specified during the order placement.

4.7 The Contractor shall bear no responsibility, including financial liability, for:

-              any errors or any inaccuracies whatsoever, relating to the Services available at the Site (including the prices, seat location charts, photographs, list, description of Service, schedules etc), as the largest part of such information is provided by the respective Travel Operators;

-              in case of delays, cancellations, route changes, any force-majeure or other reasons beyond our direct control;

-              for any failures of communication systems and for untimely reading (failure to read) by the Customer, and for the Customers timely check of its e-mail specified during registration, or the Order Record which may contain the information relating to the Orders placed on the Site;

-              in case of the Customers neglectful attitude to safety and protection of its personal data. If any third parties got unauthorized access to the Customers account, personal data and other details, which inflicted damage to it;

-              towards the Customer, in case of complete or partial shutdown of the Site or any of its components during any period of time, as well as for the Customer having no possibility to access the Site, or for any direct or indirect expenses incurred by it in connection therewith;

-              for genuineness of all required documents for a travel, including but not limited to visas, and/or for the Customers/Passengers having no such documents;

-              for the Customers/Passengers failure to arrive or for its late arrival to the place of train/bus departure;

-              for any negative consequences and losses arising due to events and circumstances beyond the scope of its competence, as well as for any actions (omission) of any third parties during the Customers / Passengers travel;

-              for the Travel Operators actions (modification, annulment, re-scheduling, delayed departure of trains/buses, change of ticket price, rate withdrawal, annulment of unpaid or pre-paid bookings), for storage, loss or damage to baggage, cargo, valuables and documents belonging to Passengers all over their travel;

-              for the Customers / Passengers being not aware of or its failure to comply with the travel rules and terms introduced by the Travel Operators or applicable law of Ukraine/foreign countries.

5 TERM OF THE AGREEMENT

5.1 This Agreement shall take effect as soon as accepted in accordance with the item 1.4 hereof and shall be valid throughout the order term:

- in case of ticket booking (with further purchase of travel documents at a ticket desk) until the term specified on the order form;

- in case of ordering and payment for travel documents (with further printing and receipt of travel documents at a ticket desk) until the term of train/bus arrival to the place of destination;

- in case of ordering and payment for electronic travel documents (with provision of boarding passes) until the term of train/bus arrival to the place of destination.

5.2 The Service shall commence since the Customers payment for it. The Service shall end as soon as the order term expires:

- in case of ticket booking (with further purchase of travel documents at a ticket desk) until the term specified on the order form;

- in case of ordering and payment for travel documents (with further printing and receipt of travel documents at a ticket desk) until the term of train/bus arrival to the place of destination;

- in case of ordering and payment for electronic travel documents (with provision of boarding passes) until the term of train/bus arrival to the place of destination.

6 SETTLEMENT OF DISPUTES   

6.1 All disputable issues arising out of this Agreement or in connection with the performance hereunder shall be settled by the Customer and the Contractor through negotiation. Pre-court dispute resolution is mandatory. 

6.2 All disputable issues shall be considered subject to a relevant application submitted by mail in writing. 

6.3 In case the Customer and the Contractor fail to reach any compromise on disputable issues through negotiation, such issues shall be settled in accordance with the applicable law of Ukraine.

7 EXPLANATORY NOTES

7.1 To travel with a travel document/boarding pass, a passenger must produce such travel document/boarding pass and his/her identity document during embarkation

Passengers whose full names specified in the travel document / boarding pass do not comply with the details specified in their identity documents shall not be allowed to embark.

7.2 In case of refusal (partial refusal) from the Order, unused travel documents/boarding passes shall be returned as set forth in the rules established by the Travel Operators. The amount of money to be repaid shall be determined pursuant to the rules established by the Travel Operators and the applicable law.

7.3 The value of ordering and booking tickets, and the payment fees (Contractors Fees) shall not be subject to repayment.

7.4 The order information shall be

- displayed on a screen after the order is paid;

- entered to the Order Record

- e-mailed to the address provided during registration.

7.5 An order form shall give no right for embarkation and travel by train/bus, transportation of baggage and shall be subject to mandatory exchange for a travel document at any automated railway ticket desk within continental Ukraine or at a bust ticket desk.

 

8 MISCELLANEOUS    

8.1 Property right for the funds paid by the Customer for the ordering service in the amount of a travel document/boarding pass value shall not be conveyed to the Contractor, as such funds are transitory and belong to the relevant beneficiaries transportation service providers and Travel Operator - as their property

8.2 The Customer shall give its consent to the Contractor for collection, processing, accumulation, storage and use of its personal data (surname, name, patronymic, e-mail, mobile telephone and other personal information) exclusively for the purposes and only to the extent required for the Contractor to comply with its obligations assumed under the present Agreement

8.3 For all issues not covered with this Agreement, the Customer and the Contractor shall be governed with the applicable law of Ukraine. 

8.4 The Contractor shall reserve its right to make any amendments at any time to this Agreement. If not expressly indicated otherwise, such amendments shall take effect as soon as posted at www.e-kvytok.ua.

8.5 The Contractor is a corporate income taxpayer on a common basis

8.6 This Agreement is an official document of the Contractor, has legally binding effect and is published in the internet at: www.e-kvytok.ua.

8.7 Terms contained in the present Agreement are not exhaustive.

 

 

The Contractor:

E-SYSTEMS Ltd

6 Shovkunenka Str., Kyiv 03049

c/a 26004052715281

in PB PJSC CB PrivatBank

BIC: 300711

USREOU code: 35137104

Tel. +38(044)520-16-59

e-mail: support@e-kvytok.ua

 

Working hours of the support service:

Business days - from 9.00 to 18.00