To conclude an Agreement to organize a visit to the Exclusion Zone and the Zone of Unconditional (Obligatory) resettlement
The Agreement is signed in electronic form. It will be considered concluded and take force on the date of its signature. Acceptance of the Offer constitutes your full, irrevocable and unconditional adherence to all the terms of the Agreement without any exceptions or restrictions.
"Offer" is a current offer done by the Internet-service chernobylquest.com to any individual to conclude an agreement to organize a trip to the Chernobyl Exclusion Zone and the Zone of Unconditional (Obligatory) resettlement, on the material terms and conditions stated in the Offer, including all its applications and additions, accepted services through the implementation of payment value in the manner prescribed by the Treaty;
"Acceptance" is a full, unconditional and irrevocable acceptance of individual conditions of this Offer through the implementation of the cost of payment services in the manner prescribed by the Treaty;
"Client" is a natural person who orders the organization of a visit to the Chernobyl Exclusion Zone and the Zone of Unconditional (Obligatory) resettlement, as well as persons who on Client’s behalf conclude the contract for the organization of a visit to the Zone with the Internet-service chernobylquest.com;
"Agreement" is an agreement to organize a visit to the Chernobyl Exclusion Zone and the Zone of Unconditional (Obligatory) resettlement, concluded with the Client in accordance with the terms of the Offer at the time of acceptance of the Offer conditions by the Client;
"The organization of a tour to the Chernobyl Exclusion Zone and the Zone of Unconditional (Obligatory) resettlement» is a service provided by the Internet-service chernobylquest.com service in accordance with the terms of the Agreement;
"Basic information" is the information published by the Internet-service chernobylquest.com on the website, including the contact information.
Content and order of acceptance of the offer
1. This offer is an offer done by the online-service chernobylquest.com to the Client to conclude the Agreement.
2. To conclude the Agreement, the Client signs up the online payment and booking system on chernobylquest.com website by leaving the personal data necessary to move on with the booking.
The Client personally manages their payment and booking as well as the choice of the services by making an application. To make a choice, the Client uses the Basic information as well as any other services information available on chernobylquest.com website.
3. The application filled in by the Client is an order and must be preceded by the administration of the online-service chernobylquest.com. The online payment and booking systems accept the order only after the Client has read the current Offer conditions and all other information necessary to conclude the Agreement. By clicking on “Pay” and “Book”, the online payment and booking systems, the Client confirms that he knows all the conditions of the current Offer, including the process of orders management, conditions of the Agreement, Basic information and Acceptance of the current Offer. After accepting the current Offer, all actions of the Client with go in accordance with the concluded Agreement.
4. To get any extra in formation connected with the services of chernobylquest.com , the Client may address to the website administration using the contact information in ‘Contacts’ section of the website.
5. When the Client makes an order in the payment and booking systems, the order has to be processed by chernobylquest.com website administration. On doing this, chernobylquest.com website administration either confirms the booking and the received payment or sends a rejection with the reasons for inability to confirm the booking. In case chernobylquest.com website administration is unable to confirm the booking, they have the right to put the Client to the waiting list.
6. By confirming the booking, chernobylquest.com website administration offers to the Clients a convenient way of payment as well as a format and system of invoice.
7. Acceptance of the current Offer is a necessary confirmation of the conclusion of the Agreement for the organization of a visit to the Chernobyl Exclusion Zone and the Zone of Unconditional (Obligatory) resettlement.
8. By accepting the current Offer, the Clients confirm that:
— s/he understands all the main conditions of the Agreement;
— s/he has the right to conclude the Agreement or is entitled to do so on behalf of the people, whose personal data is stated in the application. Any kind of responsibility connected with the rights to conclude the Agreement is put on the Client;
— s/he understand the way the services are provided;
— s/he and all the people whose personal data is stated in the application have received all the necessary information about the services of the internet-service chernobylquest.com;
— s/he has checked all the conditions of the Agreement and agrees with them;
— s/he know sell the conditions to change the Agreement, denunciate it as well as – but not only – impose penal fines.
9. The Client consents to chernobylquest.com website administration’s use of their personal data, adding the data to the client database (according to the Law of Ukraine “About the protection of personal data”) and transferring the data to the organizations which check the Client’s profile in line with the safety rules and the rules of visit of the Chernobyl Exclusion Zone and the Zone of Unconditional (Obligatory) resettlement.
about organization of a visit to the Chernobyl Exclusion Zone and the Zone of Unconditional (Obligatory) resettlement
On the one hand, entertainment internet-service chernobylquest.com (hereinafter named the Organizer) which organizes visits to the Chernobyl Exclusion Zone and the Zone of Unconditional (Obligatory) resettlement (hereinafter named the Zone), and on the other hand, an individual/ natural person (hereinafter named the Client), acting on their own behalf or on the behalf of other people, the list of whom the Client indicates in the application, hereinafter each named “Party” , altogether “Parties”, have concluded this Agreement to organize a visit to the Zone.
1. THE SUBJECT OF THE AGREEMENT
1.1. Basing on the paid online application, the Organizer organizes a visit to the Chernobyl Exclusion Zone for the Client. The payment amount is fixed.
2. THE COST OF THE TOUR AND THE PAYMENT METHOD
2.1. The cost of the service to organize a visit to the Chernobyl Exclusion Zone is stated in the Client’s application. It is paid using online payment services and is stated in the invoice issued by the Organizer.
2.2. The du e sum to be paid is stated in the prices, defined by chernobylquest.com website administration. The price sere stated both in UAH and in foreign currencies (basing on the currency exchange rate) for non-residents. The payment is either preceded by the Client with the help of online payment methods on chernobylquest.com website or is made with the help of the invoice, issued by the Organizer, within the stated period of time. Ukrainian residents are to make a payment in UAH. Non-residents of Ukraine have the right to choose another currency to make a payment by ticking it in the application.
2.3. The payment date is considered the date when the Organizer receives the funds on their bank account.
2.4. After concluding this Agreement, the change in the cost of services stated in the invoice of the Organizer is possible only in case of a drastic change of circumstances such as bad weather conditions, change of time of the tour, unforeseen growth of transportation services cost, new taxes and other obligatory payments introduction, sudden change of currency exchange rates and in other cases foreseen in this Agreement and Ukrainian legislation. In case the tour cost grows less than 20 per cent from the initial tour cost, stated in the Organizer’s invoice, such a change is possible not more than 48 hours before the start of the tour. The Client is obliged to pay extra 20 per cent to the initial tour cost during one bank working day after s/he receives the Organizer’s notification about the tour cost 20 per cent growth, as stated in 2.3 of the current Agreement. In case the tour cost growth exceeds 20 per cent from the initial cost stated in the invoice, the Client has the right to refuse following the Agreement conditions. The Organizer has to refund him/her all the funds paid before but for the expense cost to book a tour.
2.5. If the Organizer is unable to provide the Client with a booked tour, s/he may provide them with an analogous tour on another day.
3. THE RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Organizer does their best in order to:
3.1.1. Provide the Client with the documents necessary to confirm the status of a person eligible to visit the Zone;
3.1.2. Ensure the provision of services stated in this Agreement;
3.1.3. Before concluding the Agreement provide the Client with the information about:
— main demands to prepare the permits to enter/ leave the Zone as well as the information about the terms to prepare them;
— medical admonition regarding the visit, including contraindications caused by certain illnesses, peculiarities of the physical condition (physical challenges) and the clients’ age to take part in a tour;
3.1.4. Provide the following extra information on request of the Client:
- tour schedule;
- characteristics of the transport vehicles used during the tour;
- characteristics of the hotels and other accommodation sites of the Zone visitors, including their location, classification by Ukrainian legislation, information that the hotel services meet the legislative demands, rules of hotel stay, terms and methods of hotel services payment (for individual clients);
- about custom sand traditions of the locals, natural and marks, historical, cultural and other sites, environmental condition, sanitary and epidemiological situation;
- about the rules to enter the Zone;
- about meals types and methods of food provision during the tour;
- about the date and time of start and end of the tour, its duration;
- about the minimum necessary number of clients in the group, terms to notify the Client that the tour won’t take place because there are less than minimum necessary people in the group;
- about the tour cost and the payment method;
- about the ways to contact the people who act on the Organizer’s behalf to make a complaint.
- use all reason able efforts to ensure the Client’s safety.
3.2. The Client is obliged to:
— timely pay the services provided by the Organizer;
— timely come to the group meeting point;
— provide true information about the cases when the Client and/or the people going with them on the tour broke the law, violated customs and visa rules if any of these happened in the past;
— follow the rules of visiting the Zone, as stated in Ukrainian legislation, customs and traditions of the locals, not to violate public order and Ukrainian laws which are enforced on the territory of the Zone, follow the internal safety and fire safety rules in the places of stay and visit;
— pay for the Organizer’s wasted expenditures in case of refusal to conclude the Agreement before the tour;
— pay for the losses incurred to the tour Organizer with wrong doing and misconduct of the Client and/ or the people who are on tour with them;
— pay for the losses incurred to the parties providing accommodation, meals, delivery services, etc., which are included in the tour cost;
— timely and fully pay for the extra services provided in the places of stay and visit;
3.3. The Organizer has the right to:
— ask for the full payment of the losses incurred by the Client;
— change the sequence of tours;
— transfer the right to organize a tour to other parties without notifying the Client;
— cancel the tour;
3.4. The Client has the right to:
— receive the services stated in this Agreement;
— receive full objective information about the tour and the Organizer and other information referred to in this Agreement and the current laws of Ukraine.
4. PARTIES’ RESPONSIBILITY AND RELEASE FROM RESPONSIBILITY
4.1. In case the Organizer breaks the conditions of the Agreement, the Client has the right to request the refund for the non-provided services if 3.2 of the Agreement are fulfilled.
4.2. In case the Organizer refuses to realize the conditions of the Agreement, the Client has the right to get compensated for documented losses, incurred as a result of the Agreement denunciation, but for the case when it happened due to the Client’s fault.
4.3. In case of impossibility to enter the Zone by virtue of incorrect permit preparation or non-preparation of passport and/or other documents, the Client’s infancy (age less than 18 years) all financial and tour cancellation expenses are covered by the Client.
4.4. The Organizer is not responsible and does not compensate the wasted expenditures of the Client if during the tour the Client by choice or following their own interest did not use all the paid services or used the martially. The Organizer does not compensate the Client’s expenditure beyond the bounds of the services referred to in this Agreement.
4.5. The Organizer is not responsible for the cancellation or change of the tour departure/ arrival time as well as the possible change of the volume and duration of the tour. In such cases, it is a transport company and other third part is that are responsible to the Client. If the Client refuses from the drive, the cost of drive is not refunded.
4.6. The Organizer is not responsible for the Client’s luggage, valuable thing sand documents safety during the whole tour.
4.7. The Organizer is not responsible for the decision of the authorities or carat in official to refuse the Client to enter/ leave the Zone by virtue of breaking official rules and for other reasons which are not dependent on the Organizer.
4.8. In case the Client does not timely fulfill their obligations stated in the Agreement, the Organizer is not responsible for late or partial performance of the services referred to in the Agreement.
4.9. The Organizer’s responsibility is limited to the double tour cost.
4.10. The Client has the right to refuse full filling the conditions of the Agreement before the start of the tour in cases/he compensates the Organizer for the expenditure made for virtually provided services before his/he notifies the Organizer about the refusal to full fill the Agreement conditions. The expenditure includes – but not only–the cost of booking the ordered services. The Client has to send the refuse a quest to the Organizer in written form.
4.11. If the Client refuses at king part in a tour in the period not less than 21 days before the day of the tour, no penal fines are imposed to the Client. The Organizer returns the cost of the tour prepaid by the Client but for the bank services commission.
- If the Client refuses taking part in a tour in the period from 20 to 12daysbeforethedayofthetour, the Client is reimbursed with the funds s/he prepaid to the Organizer by the invoice but for the penal fines equal to 25% of the cost of the tour;
-If the Client refuses taking part in a tour in the period from 11 to 7daysbeforethedayofthetour, the Client is reimbursed with the funds s/he prepaid to the Organizer by the invoice but for the penal fines equal to 75% of the cost of the tour (this condition excludes discount tours at a lower cost);
- If the Client refuses taking part in a tour in the period less than 7 days before the day of the tour, the funds that the Client prepaid to the Organizer by the invoice are not reimbursed (the penal fines equal to 100% of the cost of the tour are imposed). This conditional so includes discount tours at a lower cost.
4.12. In case the Client ordered a group tour, but the minimum number of group participants has not been reached, the Agreement can be dissolved by the Organizer without making a refund to the Client if the Organizer has informed the Client about the situation not less than 7 days before the start of the tour. Afire for the order can collation, covered by this Agreement, and the booking cost are not to be paid by the Client.
4.13. In case the Client fail stopper form an obligation to timely pay the cost of the tour (section 2 of the Agreement), as well as the obligations covered in 3.2 of the Agreement within the specified period, the tour conditions can be changed solely by con sent of both Parties, excluding the cases when such failure to fulfill the obligations or untimely performance entails inability of the Organizer to perform their obligation. Such a situation is considered a refusal of the Client to go on tour and entails consequences covered in 4.10, 4.11 of the Agreement.
4.14. Change of the tour conditions initiated by the Client is considered are fusel to go on tour and entails consequences covered in 4.10, 4.11 of the Agreement.
4.15. The Organizer is not responsible to the Client for the low-quality provision of extra services ordered and paid on the site without the Organizer’s involvement.
4.16. If the Client and/ or the people going on tour with them fail to follow the terms and timing stated in the tour schedule and the transport tickets, the Organizer is not responsible to the Client for non-performance of their obligations by this Agreement.
4.17. The Client is responsible for correctness of the data and accuracy of the documents given to the Organizer to organize and make a tour.
4.18. The Client is fully responsible for any kind of actions in their power to sign the Agreement.
5. FORCE MAJEURE CIRCUMSTANCES.
5.1. Under for cemajeure circum stances, when the performance of obligations becomes impossible, like the radiation rate increase in the Zone, armed conflicts, natural disasters, strikes, terroristic attacks, epidermis, social system changes and other emergency situations which are out of the Parties’ control, including passing of the law and/or another legislative act forbidding or limiting any kind of action covered by this Agreement, the Parties become no longer responsible for untimely performance of their obligations by the Agreement. In the period of 3 (three) days after a Party learns about a force majeure, s/he has to inform another Party about the circumstance, its duration and end. The tour conditions and terms are shifted to the time after the force majeure ends.
5.2. In case for cemajeure circum stances remain in force foe more than 3 (three) months, the Part dismayed is solve the Agreement at one’s sole discretion on condition that s/he compensates another Party with the actual expenses made to perform their obligations.
6. DISPUTE RESOLUTION MECHANISM
6.1. All disputes connected with the Agreement implementation, the Parties are obliged to solve by negotiations. In case they can’t reach a common solution, the Parties should address to the court of competent jurisdiction.
6.2. If the Client has any services quality comments, s/he has to immediately notify the Organizer and address to the official representative of the accommodating site or another person providing the services. On condition that it’s impossible to solve the problem on the site, the Client and the official representative of the accommodating site or another person providing the services have to draw up a detailed report with a list of the Client’s comments and measures taken to solve the problems in question. The report has to be drawn up in three copies and signed by the Client and the official representative of the accommodating site or another person providing the services. If the Client has not used a suggested alternative service, the service agreement is considered implemented in a due way, and claims on this matter will no longer be accepted. The Client’s claims are to be presented in a written form within 14 days after the day of the tour. The Client has to attach a copy of the report prepared in a right way and other supporting materials to the claim. The claims of the Client who has not informed the Organizer about their comments and not supported by the official representative of the accommodating site or another person providing the services are considered groundless.
7. AGREEMENT DURATION.
7.1. Agreement comes into effect on the date of the signature.
7.2. Agreement is dissolved up on both Parties’ performance of their obligation in accordance with the Agreement’s condition sand by the Parties’ mutual consent.
7.3. Each of the Parties has the right to ask for changes in the Agreement or for its dissolution before the start of the tour by virtue of substantial change of circumstances they considered went signing the Agreement like:
7.3.1. Substantial degradation of the tour conditions, change of terms of the tour;
7.3.2. Unforeseen increase of transportation services cost;
7.3.3. Introduction of new or increase of the rates of effective taxes and other mandatory payments;
7.3.4. Sudden change of national currency exchange rates;
7.3.5. Other grounds covered by this Agreement.
9. OTHER TERMS.
9.1. The Agreement is written in English and is in electronic form. The Client’s full or partial paying the sum stated in the Organizer’s invoice is considered a confirmed signature of the Agreement.
9.2. The Agreement terms may be changed and supplemented solely by the Parties’ mutual consent and by making a written document.
9.3. By signing the Agreement, the Client confirms s/he is acting voluntarily yet the iron free will, and s/he is empowered to sign the Agreement on behalf and upon authorization of all the people who go on tour with the Client, and that s/he and his companions have read all the information about the services conditions.
9.4. The Organizer provides the Client with the information covered by the Agreement with the help of the communication methods indicated in the application. If the method is not stated, it is considered to by the email address, registered in online booking and payment system. The Client confirms that s/he takes full responsibility for impossibility to informs the Client by the indicated communication methods.