APPROVED

By Order of General Director
«“COMBIWAY UKRAINE”
LLC dated 12.03.2016 No. 03-12/15
Vakhovskyi О.А.

PUBLIC OFFER AGREEMENT

about rendering services on booking, getting advance payment for transportation services and forming travel documents, exchange blanks, tickets and other services with the help of combiway.com website

1. SUBJECT OF AGREEMENT

1.1. This Public Offer Agreement about rendering services on booking, getting advance payment for transportation services and forming travel documents, exchange blanks, tickets and other services (further – Services) with the help of combiway.com Website (further – Agreement), is entered between “COMBIWAY UKRAINE” LLC from one part and the Customer, from the other part, together referred to as the Parties.

1.2. Ordering services on the website, the Customer agrees with the conditions of this Agreement.

1.3. “COMBIWAY UKRAINE” LLC undertakes to provide the Customer with services on booking seats, forming, sales of travel documents, exchange blanks and other services, according to the conditions of the Agreement, and the Customer undertakes to accept services and pay for them at a fixed price.

1.4. This Agreement, as well as information on services, which is placed on the Website, is a public offer according to art. 633 of the Civil Code of Ukraine.

2. AGREED TERMS

2.1. Terms, applied in this Agreement have the following meaning:

2.1.1. Website – combiway.com website, which was designed with the purpose of rendering services on booking seats, forming and sales of travel documents, exchange blanks as well as other services rendering.

2.1.2. Administration\Website Owner – “COMBIWAY UKRAINE” limited liability company, registered and acting according to the current legislation of Ukraine.

2.1.3. Customer – a full-aged, capable person using a Website.

2.1.4. Personal data – data or block of data about the Customer, who is identified or can be identified.
2.1.5. Personal data Owner – Website Administration.

2.1.6. Processing of personal data – any action or set of actions such as collecting, registration, accumulation, storage, adapting, change, update, application, deletion of personal data, including those made with the help of information (automated) systems.

2.1.7. Booking a seat (several seats) – ordering a seat (several seats) in a bus in advance with payment delay for determined period.

2.1.8. Passenger – a person, provided with services on carriage by a vehicle and who is not involved in driving it.

2.1.9. Carrier – a company, rendering passenger carriage services.
 
2.1.10. Bus station – a construction at the road to serve citizens, passengers and carriers.

2.1.11. Payer – a person, who pays for services under the Agreement.

2.1.12. Ticket – a document of the established form, which confirms the fact of entering into Agreement.

2.1.13. Travel document – a document of the established sample, which gives right to travel and is a carriage agreement, is made on a corresponding blank, can also be made in electronic form.

2.1.14. Exchange blank – a document, which gives right to get a travel ticket at the register of a bus station or railway station.

3. RULES OF USING THE WEBSITE

3.1. The Customer must read this Agreement and give his/her consent to its conditions while ordering Services on the Website. The Customer gives his/her consent to Agreement conditions by means of marking certain fields of the Website pages. As soon as such consent is given, the Agreement is regarded to be concluded and is a basic one in the relations between “COMBIWAY UKRAINE” LLC and the Customer/Payer.

3.2. Using the Website by the Customer means that the Customer completely agrees with:

3.2.1. Conditions of this Agreement;

3.2.2. Conditions of sales, usage and return of Services, specified on the website and which comply with the current legislation of Ukraine and conditions of Carriers.

3.2.3. Confidentiality conditions

3.2.4. Conditions regarding the suppression of unlawful acts.

3.2.5. Carriage rules.

3.3. In case the Customer does not agree with the conditions of this Agreement, he/she must leave the Website at once.
3.4. The Customer\Payer can book seats, buy a travel document, exchange blank or order other services upon signing up at the website or without doing so.

3.5. Signing up at the Website can be completed through filling in a corresponding form.

4. CONDITIONS OF TICKETS BOOKING, SALES AND OTHER SERVICES OF THE WEBSITE

4.1. In the moment of booking seats, purchase of travel documents or other services on the Website, the Customer/Payer gives his/her consent to the conditions of this Agreement and other conditions specified on the website.

4.2. In the moment of booking seats, purchase of travel documents or other services on the Website, a Customer/Payer gives his/her consent to collect and process his personal data by the Website Administration.

4.3. In the moment of booking seats, purchase of travel documents or other services on the Website, the Customer/Payer undertakes to specify his/her true personal data or data of the Passenger through filling in a corresponding form. In case the Customer/Payer/Passenger gives false data to “COMBIWAY UKRAINE” LLC, the Customer/Payer/Passenger carries responsibility for all commercial risks, which can occur (ticket return, payment of cost for making changes, placing a new order, change of a tariff, money return and so on).

4.4. In case of change of personal data specified in cl. 4.3 the Customer/Payer/Passenger undertakes to inform “COMBIWAY UKRAINE” LLC about such changes immediately. In case the  Customer/Payer/Passenger failed to inform “COMBIWAY UKRAINE” LLC about such changes,  the Customer/Payer/Passenger carries responsibility for all commercial risks, which can occur (ticket return, payment of cost for making changes, placing a new order, change of a tariff, money return and so on).

4.5. As soon as a ticket booking is made on the Website, the Customer/Payer will receive a confirmation of such booking to his/her e-mail. The above mentioned confirmation contains the following information: booking number, date, time and place of departure, route, period, during which the Customer/Payer has right to buy a travel document for the booked seat and way of payment, there also can be other information specified.

4.6. In case the Customer/Payer booked a seat but failed to pay the cost of the travel document during the specified period, such booking will be cancelled automatically. There are no penalties for cancelled unpaid booking.

4.7. As soon as the Customer/Payer buys a ticket, he/she will get a travel document to e-mail in electronic form.

4.8. Travel document confirms the fact of rendering services by “COMBIWAY UKRAINE” LLC to the Customer.

4.9. The Payer makes payment of ticket cost according to tariffs and in a way specified on the Website.

4.10. The Payer gives his/her consent for processing of his personal payment data.

4.11. Website Administration has right to refuse to render services to the Payer or ask for the identity certificate copy and identification code (for residents) of a bank card owner, in case there are enough reasons to consider a transaction on the bank card, with the help of which services were paid for, an unlawful one.

4.12. The Customer can buy an exchange blank from “COMBIWAY UKRAINE” LLC. To exchange a blank for a ticket, the Customer/Passenger must visit Bus station/Railway station register. Blank exchange is free of charge.

4.13. The Customer agrees that upon signing up at the Website, Administration will send to the Customer’s e-mail letters and notifications, including the ones bearing advertising nature. The Customer has right to refuse from such e-mail marketing.

4.14. The Customer automatically agrees to receive text messages bearing advertising nature from “COMBIWAY UKRAINE” LLC to the phone number specified on the website. The Customer can refuse from such messages by means of sending a specified text message.

5. TICKET REFUND CONDITIONS

5.1. The Payer has right to return money for unused travel document.

5.2. A corresponding application, which can be found on the website and sent to “COMBIWAY UKRAINE” LLC is a reason to return money.

5.3. The application on money return for unused travel document must contain personal data of the person who made payment of travel document cost.

5.4. In order to avoid possible unlawful actions while forming an application, the Payer must present a copy of his passport and identification code, in case a person has no identification code due to his/her religious convictions, such person must present a copy of passport page with such mark.

5.5. Fixing, taking and processing of the application is performed by the Website Administration from 9:30 a.m. till 7 p.m. on working days, and from 10 a.m. till 5 p.m. on days off.

5.6. Amount to be returned is established in each case individually by a Carrier, according to the conditions of rendering services by a Carrier.

5.7. Money funds for unused travel document will be returned in the same way and to the same payment details, ticket payment was made to.

5.8. According to the current legislation of Ukraine, applications can be considered within a month period.

5.9. In order to return an exchange blank or a travel document received according to such blank by the Customer/Payer/Passenger, the latter must visit the registry of a Bus station/Railway station.

6. CONFIDENTIALITY CONDITIONS

6.1. Any information provided by the Customer/Payer/Passenger under this Agreement during booking seats, purchase, return of travel documents or ordering other services on the website, including but not limited to surname, name, patronymic, identification code, phone number, e-mail address, bank details, etc. is regarded to be confidential.

6.2. The Customer/Payer/Passenger gives his/her consent to collect and process personal information by the Website Administration and by the partners of “COMBIWAY UKRAINE” LLC in order to render high quality services under this Agreement.

6.3. The Website Administration guarantees that personal data of the Customer/Payer/Passenger will be used only with the purpose of rendering services under this Agreement.

7. COPYRIGHT

7.1. All materials places on the Website belong to “COMBIWAY UKRAINE” LLC or its partners. All materials are copyrighted and protected by intellectual property rights, including but not limited to Website design, names, trademarks, logos, texts, rights for databases and other elements of the Website.

7.2. The Customer does not have right to copy (completely or partially), spread or use in any other way Website content or the main program code without preliminary agreement with “COMBIWAY UKRAINE” LLC.

8. RESPONSIBILITY OF THE PARTIES AND DISPUTE SETTLEMENT ORDER

8.1. The Parties carry responsibilities under this Agreement according to the current legislation of Ukraine.

8.2. The Parties agreed that all disputes occurring under this Agreement shall be solved in an amicable way.

8.3. In case it is not possible to solve a dispute in an amicable way, the Parties shall go to court according to the current legislation of Ukraine.

8.4. In case the Customer/Payer/Passenger gives false information to “COMBIWAY UKRAINE” LLC, the Customer/Payer/Passenger carries responsibility for all commercial risks, which can occur (ticket return, payment of cost for making changes, placing a new order, change of a tariff, money return and so on).

8.5. In case the Customer/Payer/Passenger failed to inform “COMBIWAY UKRAINE” LLC about change of personal data, the Customer/Payer/Passenger carries responsibility for all commercial risks, which can occur (ticket return, payment of cost for making changes, placing a new order, change of a tariff, money return and so on).

8.6. “COMBIWAY UKRAINE” LLC does not carry responsibility for violation of the Passenger’s right by a Carrier. In case of such violation, the Passenger must solve such issues directly with a Carrier.

8.7. In case the Passenger violates rules of carriage, rules of crossing the state border, norms of the current legislation of Ukraine or international legal acts, a Carrier has right to refuse rendering carriage service to a Passenger without any compensation of funds to the Passenger/Payer/Customer.

9. OTHER PROVISIONS

9.1. This Agreement comes into effect from the moment the Customer gave his/her consent to the Agreement and is valid till the moment of complete fulfilment of obligations under the Agreement by the Parties.

9.2. In cases not foreseen by this Agreement, the Parties must act according to current legislation of Ukraine.