CONTRACT

public offer for the purchase of goods and travel services through online store

From 20/06/2022

„TOUROPERATOR KALIPSO UKRAINE” LLC, Taxpayer’s registration card number: 42385307, (hereinafter referred to as “the Seller”), on the one hand, and any person who has- either accessed the site https://tour2ua.com/ (hereinafter referred to as “the Website”) and reached the age of acceptance of this Agreement and accepted (accepted) this offer (hereinafter referred to as “the User”), on the other hand, and hereinafter referred to as the “Parties”, have entered into this Agreement for the Public Offering of Tourism Services through the Online Store (hereinafter referred to as “the Agreement” ), Addressed to the general public, which is a public official dealer, conclude with the users Treaty, images and information are posted in the relevant section of the site.

1. DEADLINES AND DEFINITIONS

1.1. A Public offer agreement is a public contract, a sample of which is posted on the Website: https://tour2ua.com/, containing a proposal by the Seller to purchase a product or service that is displayed on the Seller’s Site, directed to an indeterminate number of persons, including Users.

1.2. Acceptance is the acceptance by the User of the Seller’s offer to purchase the Product or Service, the image of which is placed on the Seller’s Website, by adding it to the virtual cart and sending the Order.

1.3. User is any legal or natural person, entrepreneur or entrepreneur under the applicable laws of Ukraine who has visited the Website https://tour2ua.com/, has agreed to the terms of the User Agreement and intends to purchase a particular product or service that offered for sale by the Seller.

1.4. The Seller is „TOUROPERATOR KALIPSO UKRAINE” LLC , Taxpayer’s registration card number: 42385307, which acts on the basis of the extract of the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations, and distributes a product or service through the website https://tour2ua.com/.

1.5. An Order is a properly executed and placed on the Seller’s Website a User’s request to buy the Goods or Services addressed to the Seller.

1.6. Legislation is the applicable law of Ukraine, which may be applied to legal relationships related to performance and / or arising from the performance of the obligations described in this Agreement.

1.7. Travel Service is a product offered by the Seller for sale to Users under the Agreement and the information on which is posted on the Seller’s Website.

2. GENERAL PROVISIONS

2.1. The User is obliged to read this Agreement in full by the time of registration on the Website. Registration of the User on the Website signifies full and unconditional acceptance by the User of this Agreement. In case of disagreement with the terms of the Agreement, the use of the Website by the User shall be terminated immediately.

2.2. The Seller and Users, when purchasing the Tourist Service, the images and information on which are posted on the respective pages of the Website, accept the terms of this Agreement.

2.3. Contractual relations between the Seller and the User are formalised in the form of a Public Offer Agreement. Conclusive actions in the form of clicking on an online resource on the registration page Ordering the button “VALID PURCHASE”, means that the User, regardless of status (natural person, legal entity, entrepreneur), in accordance with the current legislation of Ukraine, has taken into consideration the condition of the Agreement of the public offer specified in this Agreement.

2.4. The parties hereto have agreed that if the User is a foreigner, stateless person or foreign legal entity, and if the legal relations under this agreement are complicated by another foreign element, the substantive and procedural law of Ukraine shall apply to the said legal relations.

2.5. The contract of public offering is public, ie in accordance with the norms of Art. 633 and 641 of the Civil Code of Ukraine; its terms and conditions are the same for all Users regardless of their legal status (natural person, legal entity, individual entrepreneur). In full agreement with this Agreement, the User accepts the terms and procedure of ordering, payment and rendering of the Tourist Services by the Seller, responsibility for the unfair Order and for failure to comply with the terms of this Agreement.

2.6. This Agreement shall be deemed concluded from the moment of clicking on the button “VALID PURCHASE”, by which the User agrees to make the purchase of the tourist service available from the Seller and is valid until the receipt by the User of the Tourist Service from the Seller and full payment with him.

2.7. Seller and Users, when purchasing the Travel Services, the images and information on which are posted on the respective pages of the Website, agree to the terms of this Agreement.
2.8. In these contract ‘you’, ‘your’ and ‘your company’ refers to you as a partner company hiring services from us.

2.9.In these Terms and Conditions ‘their’, ‘they’, ‘your group’, ‘the travelers’, ‘the passengers’ means all persons named on the booking or any of them as applicable, including anyone who is added or substituted at a later date.

3. SUBJECT OF THE CONTRACT

3.1. The Seller agrees to provide the Tourist Service to the User on the terms and in the manner specified in this Agreement on the basis of payment for the Order made by the User on the relevant page of the Website, and the User agrees to receive the Tourist Service on the terms and in the procedure specified in this Agreement.

3.2. The Seller warrants that the Travel Service is not a matter of dispute, and that it does not have any third party rights.

3.3. The Seller and the User confirm that the current Contract is not a fictitious or fraudulent agreement or an agreement concluded under the influence of pressure or fraud.

3.4. The Seller confirms that it has all the necessary permits for conducting economic activities that regulate the sphere of legal relations that arise and operate in the process of implementation of this Agreement, and also guarantees that it has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation Of Ukraine.

4. SELLER’S RIGHTS AND OBLIGATIONS

4.1. The seller must:

4.1.1. fulfill the terms of this Agreement;

4.1.2. within three days from the moment of ordering (acceptance) of the User to confirm receipt of such acceptance;

4.1.3. fulfill the User’s order in case of payment from the User not less than 24 hours before the specified time in the Order;

4.1.4. to provide the Tourist Service to the User in accordance with the model chosen on the relevant page of the Website, executed by the Order and the terms of this Agreement.

4.2. The seller has the right to:

4.2.1. unilaterally suspend the execution of the Agreement in case the User breaches the terms of this Agreement;

4.2.2. „TOUROPERATOR KALIPSO UKRAINE” LLC is permitted not to allow the User to join the tour or to exclude the User from it if the User does not meet the requirements of personal participation, if the User’s participation could endanger the User or anyone else, or in any other way make the tour impossible in the long run. The same applies to visitors specified by the User in the Order. In these cases, the price paid cannot be refunded;

4.2.3. „TOUROPERATOR KALIPSO UKRAINE” LLC reserves the right to make minor changes to the program if necessary due to unforeseen or unavoidable conditions.

5. USER’S RIGHTS AND OBLIGATIONS

5.1. The user is obliged to:

5.1.1. timely pay and receive the Order under the terms of this Agreement;

5.1.2. to get acquainted with information about the Tourist Service, which is posted on the Seller’s website;

5.1.3. The user is responsible for the timely arrival at the specified meeting place. If the User travels west across borders, he is responsible for the presence of the necessary travel documents (passports, etc.), as well as for compliance with sanitary standards, etc.

5.1.4. Insurance is not included in the cost of services. The responsibility for providing reliable insurance protection rests with the User. The need for insurance depends on the booked event.

5.2. User has the right to:

5.2.1. place an order on the relevant page of the Website;

5.2.2. require the Seller to comply with the terms of this Agreement.

5.2.3. upon request sent to the Seller’s email address, he is entitled to receive a copy of this Agreement in writing.

6. Booking and Service Conditions

6.1. All mutual communications related to changes, amendments and cancellations will be directed to the persons in your company who are responsible for the booking and its travelers.

6.2. In order to use our services, the person registered as the lead booking name must be over 18 years old and possess the legal capability and authority to perform a booking.

6.3. You are responsible for supplying and ensuring the accuracy of the following information:

•  Personal details about the passengers traveling on the booking.
•  Information regarding the booking or any changes affecting any person traveling on such booking.

6.4. We strongly recommend that you place your booking as early as possible, so we have enough time to deal with reservations, payments, or possible changes from your side.

6.5. Bookings can be made through the following channels:

• Our website https://tour2ua.com/
•  Our general email kalipsoukraine@gmail.com, or the email of the person assigned to work directly with you.
•  Our phones +38 044 4955793 or +38 095 2380808 or +38 050 3256261. Office hours GMT-4, Monday to Friday 9.00 to 19.00. Emergencies 24-hour contact mobile phones: +38 095 2380808 or +38 050 3256261.

We will send a booking confirmation to your email address.

6.6. Promotional photography: photographs will be taken for promotional purposes during the operation of any program or part thereof. By booking with us, your passengers agree to allow their images to be used in such photographs. Passengers who prefer that their images not be used are asked to identify themselves with their guide at the beginning of the trip. 6.7. Quotation errors and omissions: we reserve the right to correct any errors in rates quoted for any service. We will use our reasonable endeavors to notify you of such rate corrections in a timely manner.

7. Booking a Trip: Step by Step

7.1. Step 1: You initiate a booking request.

7.2. Step 2: We send you a program proposal and quotation.

7.3. Step 3: The final program is duly approved by you (this also implies your travelers are in full knowledge of the program details).

7.4. Step 4: We verify Hotel availability and confirm bookings for all services.

7.5. Step 5: We request a 30% upfront payment from you.

7.6. Step 6: We send you final information, details and booking codes.

7.7. Step 7: We request from you a full remaining payment 14 days before the arrival of the passengers.

8. Payment Details and Methods

8.1. We require a 30% advance payment in order to proceed with your booking confirmation.

8.2. In order to secure your booking, we require a payment that completes the total amount 30 days before the arrival of the passengers.

8.3. Full payment is mandatory for bookings initiated 14 days or less before the arrival.

8.4. We accept the following payment methods:

8.4.1. International bank wire transfer: Please, make sure to elect to pay any fees your bank charges for the transfer and do not subtract the associated wire fees from your payment to us. Contact your bank if you need assistance with covering any related charges on your end. In the wire transfer payment notes, please include the name of the lead booking name so we can easily look up your payment and get it applied to your booking. Please note that it may take 2 to 3 days for the payment to clear.

8.4.2. Money Order: including Western Union and Money Gram. Please make sure to cover all related charges on your end if you use this payment method. With this method the payment is delivered the same day.
8.4.3. Credit card online: We charge 3% fee when using this method, meaning a 3% must be added to the amount to be sent. In this case a payment link handled by our secure payment company will be sent to you.

8.5. We do not accept checks.

8.6. After sending your payment, please contact us by email and let us know the payment details, as this will help us secure your booking.

8.7. Please kindly understand that your punctual payment will not only protect your booking and tickets, but will also help us serve you efficiently and smoothly. In case we do not receive the full payment as we expected or if we have reasons to believe that your payment is delayed and therefore affecting the tour arrangements, then we reserve the right to cancel your booking. The cancellation notice will be delivered to you by email or phone.

9. Changes, Cancellations and Refunds

9.1. Changes: if you change/amend a booking after the contract between us has come into existence, then we will do our best to execute the change. Please note that changes are subject to availability and that additional costs could be incurred, particularly for last minute changes and cancellation charges.
9.2. As a basic principle, we won’t make changes to any program or itinerary. However, sometimes we are forced to make a change as a result of unusual and unforeseeable local circumstances beyond our control, the consequences of which we could not have avoided even with all due care. In such cases, we might modify the itinerary of a program based on changes in air or land transportation schedules, and proceed to inform you immediately. We may also offer hotel/flight/program alternatives in the same or higher standard if the original service is not available.

9.3. Cancellations: A written cancellation request must be sent by you via email. You should expect to receive a cancellation confirmation notice within 24 hours

9.4. Refunds: Please consider the following situations about refunds:

9.4.1. Refunds do not apply to programmed services, activities or tours that were missed or not taken by travelers. Non- shows are non-refundable.

9.4.2. Refunds do not apply for some hotels, based on the highly demanded region or high season.

9.4.3. International and internal/domestic flights are non-refundable.

9.5. Cancellation fees: If a service qualifies for a refund, then the following cancellation fees apply from the moment we receive a written notification from you:

Number of days before arrival of passengers	Cancellation fees*
31 days or more	No cancellation fees
30 - 21 days	30% fee from total
20 - 15 days	50% fee from total
14 - 8 days	60% fee from total
7 days or less	Payment is non-refundable

* Wire transfer fees may be charged to the refund

10. Medical Issues and special requests

10.1. If any of the passengers have a medical problem or disability which may affect the trip, please let us know before you confirm the booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. You must also promptly advise us if any medical condition or disability which may affect the trip develops after the booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation.

10.2. We cannot accommodate women past their sixth month of pregnancy.

10.3. If any of the passengers have a medical condition as contemplated herein we will do our best to provide help at any moment, however please take into account that they would be traveling at their own risk. We are not liable for any injuries, damages they may suffer relating to such as condition, including without limitation loss of special equipment, lack of

assistance with or accommodation of special needs, and unavailability of medical assistance or treatment.
10.4. The passengers should take into account all international travel risks and familiarize themselves with health requirements applicable to the areas they intend to visit. We will inform about safety and security conditions of a particular destination, including vaccination and other health requirements.

10.5. We are not responsible for the costs of any medical treatment the passengers may require during the trip. Under no circumstances we are responsible for the quality of medical care, or lack thereof, they may receive while on the trip.

11. Complaints and Claims

11.1. If the passengers have a complaint about the arrangements during the trip, they must immediately notify the local supplier of the service in question. If they are unable to resolve the problem immediately, they should contact us straight away by telephone/email and we will endeavor to assist. If they do not give us the opportunity to resolve any problem locally by reporting it to the supplier, then we may not be able to deal positively with any complaint on their return.

11.2. If the passengers do not report a problem or complaint which, if it had been reported at the time and place it occurred could have been resolved there, then we cannot accept any future liability in respect of that problem or complaint.

12. Limit on Responsibility

12.1. Our compromise is to comply and fulfill with all aspects of our offer, so the passengers have the greatest possible experience.

12.2. We will arrange for you to receive the services that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. We are responsible for making sure that each part of the tour you book with us is provided to a reasonable standard and as was advertised by us, or as changed and accepted by you. If any part of the tour is not provided as described and this spoils the passengers’ trip, you or your passengers must contact us straight away in order to amend the situation.

12.3. We have taken all reasonable care to make sure that the services offered by us are provided by efficient and reputable partners who follow national laws and regulations of Ukraine.

12.4.Regarding the provision of our services, we are not responsible for any costs, delays, itinerary modifications, inconvenience, loss, injury, damage or death resulting from but not limited to:

•  Strikes, road blockages, political incidents, insurrection or revolt, or other labor activities.
•  Aerial, land, lacustrine or fluvial transportation accidents.
•  Altitude sickness, illness, disease, food poisoning.
•  Flight overbooking or failure of any public transportation to arrive or depart on time (including flights).
•  Mechanical failure of aircrafts, vehicles or other means of transportation.
•  Acts of God, force majeure, weather, animal attacks.
•  Acts of war, civil unrest, criminal or terrorist activities of any kind.

12.5. Adventure Travel: There are certain inherent risks in travel of type “adventure”. These include, but are not limited to, hiking, climbing injuries, altitude sickness, dangers of animals, inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. The travelers assume all such risks with regard to these possibilities.

13. CONTACT DATA

Address: Ukraine, 04071, Kyiv, Mezhigirska 39/20, of.28

Phone: +38 095 238 0808

Email: kalipsoukraine@gmail.com