Public offer agreement

ExtremeGuide OÜ, registration code 17491232

Tallinn, Kesklinna district, Pirita tee 26b/4-107, 12011,

+372 54780511

extremeguide.pro

PUBLIC OFFER FOR CONCLUSION
on the provision of services for organizing and guiding active leisure activities and mountain tours

Individual entrepreneur Individual entrepreneur Ivanchenko Oleg Aleksandrovich (hereinafter referred to as the “Contractor”), operating under the brand “ExtremeGuide”, registered and operating in accordance with the legislation of Ukraine, guided by Art. 633, 641 of the Civil Code of Ukraine, invites an unlimited number of individuals to enter into this Agreement for the provision of services (hereinafter referred to as the “Agreement”) on the conditions below:

Terms and general provisions.

1. Preamble

1.1. The Tourist purchases the Tour, and the Contractor provides the services in accordance with the Tour Program.

1.2. This Agreement is an integral part of the legal relations related to the provision of services under the Tour.

1.3. By making payment or concluding a separate written agreement, the Tourist unconditionally agrees to all provisions of this Public Offer.

1.4. The list, scope and terms of provision of the Services are agreed by the Parties in additional agreements (if necessary) or are determined “as is”, in accordance with the description of the specific Tour Program on the Contractor’s Website.

2. Subject of the agreement

2.1. The Contractor undertakes to provide the Tourist with the opportunity to choose a route and program dates on the Contractor’s Website, select a qualified Guide, organize and provide Services in accordance with the description of the Tour on the Website, act as an authorized representative/intermediary in ordering accompanying services of third parties, and provide professional consultations regarding physical and technical preparation for the Tour.

2.2. The Tour Program, list, scope and terms of provision of the Services correspond to the description of the relevant Tour program on the Website or are fixed in an individual appendix to the Agreement.

2.3. The Tourist undertakes to timely pay the Contractor the cost of the Tour under the terms and in the manner defined by this Agreement.

2.4. No claims regarding the effectiveness of the Tourist’s application of the knowledge and skills acquired during consultations may be brought against the Contractor. Responsibility for the practical application of these skills, their own physical condition, as well as for any consequences lies entirely and completely with the Tourist.

2.5. The purpose of the Contractor’s activities is the safe organization of an active trip according to the Tour Program, professional assistance to Tourists in selecting a route and equipment, coordination of logistics and ensuring the work of qualified accompanying personnel (Guide).

2.6. The Parties acknowledge that the subject of the Contractor’s obligations is the provision of services for safe support and coordination of the mountain program, and not an unconditional guarantee of ascent to a specific summit, 100% completion of the geographical route line or guarantee of favorable weather conditions in the mountains.

3. Terms of provision of services and registration procedure

3.1. Route selection services are provided to the Tourist through the Website, messengers or contacts indicated on the Website. Consulting services regarding equipment and preparation are provided remotely in a manner convenient for the Parties.

3.2. The dates of the Tour are determined individually by agreement of the Parties or according to the schedule of departures published on the Website.

3.3. Registration procedure:

3.4. Acceptance of this Agreement shall be deemed to be any payment made by the Tourist (full or partial/Advance Payment). Acceptance confirms the Tourist’s full familiarization with the text of the Offer and safety rules and is equivalent to the Party’s handwritten signature under this Agreement.

3.5. From the moment the funds are credited to the current account or the Contractor receives the payment, the Offer is deemed accepted and the Agreement concluded.

3.6. Distribution of provision of services:

3.7. Registration confirmation: After receipt of payment and the Questionnaire, the Tourist receives an electronic notification/email confirmation with an information file of the Tour (Technical Sheet). Receipt of the confirmation certifies successful registration. If the confirmation has not been received within 3 business days, the Tourist is obliged to contact the Contractor.

3.8. Participation of minors is agreed individually. The Tourist is obliged to notify the Contractor thereof when completing the Questionnaire. Participation is possible exclusively accompanied by parents (adoptive parents) or with their notarized consent, if the difficulty category of the route allows it.

3.9. Expenses specified in the Tour description as additional (rental of personal equipment, additional transfers, entrance tickets, additional meals, alcohol, single accommodation, etc.) are paid by the Tourist independently. Funds paid by the Tourist to third parties are not included in the cost of the Contractor’s Services.

4. Rights and obligations of the Contractor

4.1. The Contractor has the right to:

4.2. The Contractor undertakes to:

5. Rights and obligations of the Tourist

5.1. The Tourist has the right to:

5.2. The Tourist undertakes to:

6. Behavior and technical/physical preparation of the Tourist

6.1. Tourist’s behavior:

6.2. Technical and physical preparation:

7. Cost and payment procedure for the Tour

7.1. The cost of the Services is specified on the Website or in an individual offer. The total cost is determined in the currency (EUR/USD) or the national currency of Ukraine (UAH).

7.2. To secure a place in the group, the Tourist shall pay an advance payment (Prepayment) in the amount of 30%–50% of the total cost of the Tour.

7.3. A portion of the paid Prepayment in the amount of 10% of the total cost of the Tour constitutes a non-refundable organizational fee (booking, consulting and administration services, which are deemed to have been provided at the time of payment). The remaining amount of the advance payment (20%–40%) shall be credited as an advance payment for the services of directly conducting the Tour and shall be refundable in the event of the Tour being cancelled in advance in accordance with the retention scale specified in Section 8 of this Agreement.

7.4. Full payment of the cost of the Tour must be made by the Tourist no later than 15 calendar days prior to the date of commencement of the trip, for themselves and for each person they represent. Subject to the Parties’ prior written consent, the remaining amount may be paid in cash directly on the day the program starts, during the meeting with the Guide.

7.5. If payment has not been made within the time limits stipulated by this Agreement, the Executor reserves the right to cancel the booking without paying any compensation to the Tourist, while retaining the organizational fee.

7.6. The cost of the Tour may be revised in the event of a change in the composition of the group of Tourists by mutual agreement or under special terms for calculating the cost of small groups. During the last 15 calendar days prior to the commencement of the Tour, the price previously fixed in the confirmation shall not be subject to increase.

8. Cancellation, Change and Termination of the Tour

8.1. Cancellation by the Tourist:

8.2. Cancellation by the Contractor:

8.3. Program changes due to force majeure circumstances and powers of the Guide:

9. Insurance and risks of failure to travel

9.1. The Contractor is not an insurance institution and does not undertake obligations to cover the Tourist’s financial losses caused by injuries, illnesses, visa refusal, changes in border crossing rules, mobilization activities, natural phenomena or other personal circumstances on the Tourist’s side.

9.2. Mandatory insurance of the Tourist:

9.3. The Tourist’s refusal to obtain the specified insurance policies places all financial risks associated with the impossibility of carrying out the trip or emergency evacuation exclusively on the Tourist.

9.4. In case of cancellation of the trip by the Tourist due to objective medical or force majeure circumstances, the Contractor, upon an official request, provides calculation statements and invoices for the amounts retained as actual expenses exclusively for submission to the Tourist’s insurance company.

10. Transfer of participation rights to a third party

10.1. The Tourist has the right to transfer their place in the Tour to a third party who meets all qualification, age and physical requirements of the Tour no later than 10 calendar days before the Tour start date (provided that tickets and permits can be reissued).

10.2. The Tourist is obliged to notify the Contractor by email of the transfer and make sure that confirmation has been received.

10.3. Re-registration of the application is accompanied by payment of a fixed administrative re-registration fee of 50 (fifty) euros in the hryvnia equivalent at the Commercial Exchange Rate, as well as compensation of the actual costs of partners for making changes to bookings/permits.

11. Liability of the Parties

11.1. The Parties shall bear legal liability for improper performance or non-performance of the terms of this Agreement in accordance with the current legislation of Ukraine.

11.2. The Contractor shall be released from liability for losses of the Tourist caused by actions of third parties providing services outside the direct control of the Contractor (air carriers, railways, hotels, catering establishments).

11.3. The Contractor shall not be liable for failure to obtain or improper execution by the Tourist of visa, customs or sanitary documents for travel abroad.

11.4. The Contractor shall not be liable for damage caused by actions of official or military authorities, or for changes in the Tour caused by prohibitions of administrative bodies for safety reasons in the mountains.

11.5. The Tourist bears full personal responsibility for the safety of their own valuables, money, documents and personal equipment throughout the entire period of the trip.

11.6. The Tourist is responsible for violation of any rules and obligations provided for in clause 5.2.1–5.2.16 of this Agreement.

12. Liability for performance of obligations under the Agreement

12.1. If during the trip the Tourist, through culpable actions, causes damage to the life or property of third parties, the environment, or official fines are imposed, the Tourist shall pay such damages and fines personally from their own funds.

12.2. In case of administrative expulsion (deportation) of the Tourist from the country of stay, they are obliged to compensate the Contractor for all associated material losses, if any, without the right to refund for unused Tour services.

12.3. The Parties shall be released from liability for non-performance of obligations if this resulted from force majeure, of which the Party immediately notifies the other Party.

12.4. All expenses related to unscheduled medical transportation or search and rescue evacuation of the Tourist shall be borne by the Tourist and settled by their insurance company.

13. Force Majeure

13.1. The Parties shall be released from property liability for non-performance or improper performance of obligations if it is caused by force majeure circumstances that could not have been foreseen or prevented (natural disasters, floods, earthquakes, landslides, avalanches, military actions, blockades, strikes, government orders, etc.).

13.2. The occurrence of force majeure circumstances shall be confirmed by relevant certificates of the Chamber of Commerce and Industry or authorized state bodies of the country where such events occurred.

13.3. The Party for which such conditions have arisen is obliged to notify the other Party without delay and provide supporting documents. If force majeure circumstances continue for more than 3 (three) consecutive months, either Party has the right to initiate termination of the Agreement.

13.4. The Parties acknowledge the operation of the legal regime of martial law on the territory of Ukraine since 24.02.2022. At the same time, reference to martial law as force majeure is permitted by a Party only if martial law or its specific measures directly make performance of a specific obligation under this Agreement impossible and have documentary confirmation.

14. Termination of the Agreement

14.1. The Agreement enters into force from the moment of Acceptance (payment or Advance Payment) and remains in force until the Parties fully perform their obligations (at 24:00 on the last day of the Tour).

14.2. Any amendments or additions to this Agreement are valid if they are set out in writing (in electronic correspondence or separate appendices) and agreed by both Parties.

14.3. Recognition of any individual provision of this Agreement as invalid by court procedure does not result in loss of legal force by its other provisions.

14.4. This Agreement terminates by mutual agreement of the Parties, upon the occurrence of force majeure circumstances, in cases of gross violation by the Tourist of safety rules (clause 5.2) or in other cases provided for by the current legislation of Ukraine.

15. Processing of personal data

15.1. By accepting this Agreement, the Tourist provides voluntary and unconditional consent to Individual Entrepreneur Ivanchenko Oleh Oleksandrovych to process, accumulate, store, use and transfer their personal data (surname, first name, patronymic, passports, registration address, contacts, data on health status and diseases) in accordance with the Law of Ukraine “On Personal Data Protection” for the purpose of organizing and conducting the Tour, processing permits, insurance policies and accounting.

15.2. The Contractor ensures an appropriate confidentiality regime and transfers data to third parties (insurance organizations, border services, park administrations, Guides) exclusively to the extent strictly necessary for the safe conduct of the travel program.

16. Term of the Offer and changes to its terms

16.1. This Public Offer enters into force from the moment it is published on the Contractor’s Website and remains in force permanently until its official withdrawal by the Contractor.

16.2. The Contractor reserves the right to unilaterally amend the provisions of this Offer. All amendments enter into force from the moment of their publication on the Website, unless otherwise expressly established in the text of the update.

17. Intellectual Property and Photo/Video Materials

17.1. All textual, graphic and cartographic materials, elevation charts, methodological manuals and route descriptions posted on the Website or provided to the Tourist are objects of the Contractor’s intellectual property and are provided exclusively for personal non-commercial use.

17.2. The Tourist irrevocably grants the Contractor the right to use any photo and video materials taken by the Guide or representatives of the Contractor during the Tour, in which the Tourist’s face or voice is captured, as well as the Tourist’s reviews, for placement on the Contractor’s web resources, social networks and printed publications for promotional purposes without payment of material compensation.

18. Final Provisions and Jurisdiction

18.1. All claims and disputes between the Parties shall be resolved through mandatory negotiations. A written claim shall be submitted within 14 days after completion of the Tour and shall be considered by the Contractor within 20 days.

18.2. The Parties confirm that the services under this Agreement are provided by a business entity operating in accordance with the legislation of Ukraine.

18.3. All unresolved disputes related to the interpretation or performance of the terms of this Agreement shall be resolved in the courts of Ukraine according to the established jurisdiction in accordance with the current substantive and procedural law of Ukraine.

18.4. Section headings are used exclusively for structural convenience and do not affect the interpretation of the legal content of the articles of the Agreement.

18.5. Place of conclusion of the Agreement: Ukraine.

19. Contractor’s Details

Contractor:

Individual Entrepreneur Ivanchenko Oleh Oleksandrovych

Acts on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations

Taxpayer Registration Number (RNOKPP): ExtremeGuide OÜ, registration code 17491232

Legal address: Tallinn, Kesklinna district, Pirita tee 26b/4-107, 12011,

Contact telephone: +372 54780511

Official email: [email protected]

Website: www.extremeguide.pro

The Contractor’s full banking details (current account number in IBAN format, bank name, payment purpose) are specified in the invoice, payment form or notification issued to the Tourist for payment.