TERMS OF USE

Terms of use

on online payment of tourist services through the website https://openkiev.com.ua
edition as of 29.09.2019

When you pay for tourist services on the site https://openkiev.com.ua , by clicking the box next to "I accept the terms and conditions of the Terms of use on online payment for tourist services", you confirm that you have read and understood the terms and conditions of this Terms of use, read the specifics of the purchase of Electronic ticket and thereby agree to comply with all clauses of the Terms of use.

The text of the Terms of use is an offer to any third party who wishes to use the services of the site https://openkiev.com.ua.

If you do not agree to the terms and conditions of this Terms of use, do not pay for online travel services through https://openkiev.com.ua.

The Terms of use will be updated by the Company in its sole discretion, the new version of the Terms of use will be available on the site here: https://openkiev.com.ua/en/terms-of-use.

You must familiarize yourself with the new version of the Terms of use before purchasing an Electronic Ticket.

Terms found in the Terms of use:

Company – OPEN KIEV, Limited Liability Company.

Customer – is a third party, individual or legal entity, who intends to pay for online travel services through the website https://openkiev.com.ua.

Services – are tourist services, providing transportation on a fixed route on a double-decker cabriolet with audio guide in several languages.

Parties – are the Company and the Customer when mentioned together.

User – is anyone who uses the site as a Customer or just a visitor.

Order – is a sequence of actions taken by the Customer to purchase an Electronic Ticket through the site https://openkiev.com.ua.

Electronic ticket – is a record in the site accounting system that contains the Customer's identification data, order status and confirms the Customer's right to receive the Service.

Site – is a collection of information, texts, graphic elements, design, images, photos, videos, and other results of intellectual activity, located at https://openkiev.com.ua, owned by the Company on property rights, and serves as a platform for creation Events for the Organizer, and as a service for the purchase of Electronic tickets for the Customer.

All other terms and definitions found in the text of the Terms of use shall be interpreted by the Parties in accordance with the Terms of use, and in the absence of their interpretation in the Terms of use in accordance with the current legislation of Ukraine.

Opportunities for site Users:

The Company gives the User the opportunity to:

  • get acquainted with the tourist bus route.
  • get acquainted with the conditions, time, place of provision of the Services

Gives Customers the ability to:

The Company reserves the right to:

  • make changes to the site's operating conditions and technology on a unilateral basis
  • carry out preventative maintenance on the site, which may entail a short-term stoppage of the site's operation with the obligatory warning of users on the site's pages

The Company requires User to:

  • comply with the provisions of this Terms of use.
  • familiarize themselves with the new version of the Terms each time before using the site as a Customer and comply with the provisions of the Terms of use valid for the time of using the site services
  • insert credible information about themselves at registration, not to impersonate someone else that may mislead users

It is prohibited for Users to:

  • use obscene words when communicating with the site technical support, in correspondence, or in communication with site users.
  • mislead, intimidate, insult, harass, persecute, threaten, or in any other way restrict the rights and freedoms of users of the site or third parties.
  • publish or distribute false, harmful, obscene, pornographic, illegal, blasphemous, defamatory, inappropriate information, information or materials that provoke cross-national or ethnic conflicts.
  • post information that contravenes the laws of Ukraine, promotes or provokes illegal activity that violates the rights of Users or third parties to intellectual property items, campaign material, spread spam, Good luck letters (messages requiring their transmission to one or more users), financial pyramid schemes or calls for participation in them, any other intrusive information, describe or promote criminal activity, post instructions or guidance on criminal activity.
  • post information or content that infringes on copyrights, trademarks, trade secrets, intellectual property and privacy rights of third parties
  • distribute various viruses, defective programs, Trojans, corrupt files, misstatements, and any other elements of a destructive or misleading nature deliberately.
  • use the Site in any harmful way or manner that may disrupt the proper functioning of the Site
  • promote or encourage illegal actions
  • post any personal information of other users or third parties without their personal consent.
  • use any means of unauthorized access to any part or function of the site or to any network from which the site is connected.
  • use any devices, programs or processes to interfere with or attempt to interfere with the normal course of operation of the Site, as well as in any operations performed on the Site or to use the Site by another person.
  • use any automatic devices, programs, algorithms, techniques or any similar or equivalent manual processes to access, acquire, copy or track in any part of the Site, to reproduce or bypass the navigation or display system of the Site and any content and to obtain or attempt to obtain any materials, documents or information through any method not specifically provided by the Site.
  • use the Site for any purposes that violate the laws of the country on the territory of which the User accesses the Site or violate the terms and conditions of the Terms of use.
  • publish, transmit and distribute messages that may be of a criminal nature or cause any harm to the Company
  • post, send, transmit or otherwise post and / or disseminate unauthorized promotional information, unsolicited commercial mail (spam).
  • mislead users and / or third parties about their identity
  • collect and process the personal data of others illegally.
  • distribute commercial and political advertising

Terms of use:

Services provided by the Company:

  1. Displays the conditions, time, place and procedure of providing tourist services.
  2. Displays a detailed description of tourist services.
  3. Implements the Electronic tickets, which give the right to receive tourist services at the price and conditions published on the site https://openkiev.com.ua, in accordance with this Terms of use and legislation of Ukraine.
  4. Accepts and processes online order for tickets, generates Electronic tickets, informs Customers about the stages of electronic ticket processing.
  5. Accepts payment for the Electronic ticket to its account with the help of payment agents.
  6. The Company undertakes to fulfill all its obligations to Customers, Users and third parties in connection when they use the site, as well as to resolve related conflicts and disputes independently and to satisfy claims of Customers, Users and third parties.
  7. The Company undertakes to maintain the confidentiality of the credentials and e-mail addresses specified by the Customers, deciding on the method of their storage and non-disclosure to third parties independently.
  8. The Company undertakes to use the personal data of the Customers who have become aware of it through the use of the site in accordance with the requirements of the law of Ukraine "On Protection of Personal Data" No. 2297-VI as of 1.06.2010., in the version that is valid for the time of their use. Personal data may only be used for the purpose specified by personal data subject to consent to their processing.
  9. Site Terms of Use as Customer:

    • The Customer is obliged to check the data of the Order before checkout on their own.
    • The Customer is fully responsible for the accuracy and correctness of the use of the data entered in the Order.
    • The Customer is obliged to familiarize themselves with the content, terms and procedure of providing the Services, as well as with additional requirements imposed by the Company before creating and confirming the order. If the User does not fully understand any terms of the Services, including the payment procedure, the Customer agrees to clarify these conditions, and if it is impossible to specify, to refuse to process the Order.
    • In case of refusal to receive the Services at the moment when payment for the Electronic Ticket has already been made, the Customer shall not be entitled to refund the ticket price.
    • If the request for a refund was sent by the Customer later than 3 working days before the Event date, the ticket is not refunded, unless otherwise agreed by the additional agreement between the Company and the Organizer.
    • The Customer is obliged to pay in full, independently or through third parties, the cost of the Electronic Ticket (the right to receive the Services).

    Terms of use https://openkiev.com.ua :

    Ticket purchase:

    The User who intends to use the site services as a Customer has to:

    1. Select "Buy Ticket" on the Site;
    2. Provide the required information on the Site, if any (the information provided must be true and provided to the necessary extent);
    3. To confirm the correctness of the entered information and the desire to place an order by clicking the "Continue" button on the corresponding page of the Site.
    4. The Site redirects the Customer to the payment page of the Services.
    5. To pay for the Services, the Customer chooses the appropriate payment method indicated on the Site and makes payment in accordance with the payment rules chosen by the Customer payment method.
    6. After payment for the Services, the Company sends to the Customer the letter of payment notification and sends an Electronic Ticket.
    7. The moment of payment of the Services is the moment of the receipt of funds into the Company's Account or the Company's payment agents. From the moment of payment of Services the obligations mentioned by this Terms of use arise between the Company and the Buyer. From the same moment, the Company has an obligation to deliver an Electronic Ticket to the User.
    8. The Customer will receive the Services in accordance with the rules established by the Company.
    9. The Company warrants that the Customer of the Electronic Ticket from the website will have the same rights with customers who buy tickets from other points of sale.

    If you do not agree to the terms of the calculations, do not agree to the terms and conditions of the Terms at all.

    The procedure for resolving disputes and settling claims:

    • This Terms of use and all legal relations arising therefrom are governed by the laws of Ukraine.
    • All emerging disputes between the Parties shall be resolved through negotiations and on the basis of the legislation of Ukraine.
    • All disputes, disagreements and claims that may arise from the execution, termination or invalidation of the Terms of use, the Parties shall endeavor to resolve through negotiation.
    • The party having the claims and / or disagreements shall send to the other Party a notice indicating the merits of the claim and / or disagreement.
    • Within 15 (fifteen) business days from the date of receiving the notification, the party receiving it shall be obliged to respond to this message.
    • The claim and its response shall be sent to the e-mail address of the Party addressed.
    • If the reply to the notification is not sent by the Party, within 15 (fifteen) working days from the date of receiving the respective notification, or if the Parties do not agree on any claims and / or disagreements, either Party has the right to apply by the resolution of the dispute to court, in accordance with the current legislation of Ukraine.
    • A dispute settlement procedure is not obligatory for the Parties.

    Responsibility:

    The Company does not warrant that :

    1. The site will meet the requirements of the User;
    2. The results that may be obtained using the Site will be accurate and reliable;
    3. The quality of any product, service, information obtained through the use of the Site will meet the expectations of the User;
    4. The site will operate continuously, quickly, reliably and without errors and will meet the expectations of the User;
    5. All errors on the Site will be corrected.
    6. The Site or its elements may be partially or completely inaccessible from time to time because of preventive or other technical works that ensure the proper functioning of the Site. In this case, the Company is not responsible for notifying Users or their not receiving information.
    7. The User assumes full responsibility and risks associated with the processing the Orders.
    8. The User is solely responsible for any problem arising in the process of registration, confirmation and payment of the Services. In such case, the Company shall not be liable for any loss (monetary or other nature) arising from a problem related to or caused by a mistake or negligence of the User while using the Site, including the failure to complete or confirm any transaction.
    9. Users, specifying their personal data when registering on the site, consent to the collection and processing of personal data by the Company for the purpose of making Electronic tickets, in accordance with the requirements of the Law of Ukraine "On Protection of Personal Data" No. 2297-VI as of 1.06.2010.

    Security:

    • The Company will use its best endeavors to safely use the Site Services by Users
    • All payment card details are transmitted by the Customer directly to the payment operator, the Site does not collect, process or store such data

    Entry into force and change of conditions:

    • The text of the Terms of use, which is permanently posted and regularly updated on the Internet at https://openkiev.com.ua/en/terms-of-use, contains all the essential terms and is a proposal of the Company to conclude the Terms of uses with the User on the terms stated in the text.
      Thus, in accordance with Article 633 of the Civil Code of Ukraine (CC), this document is a public offer, and in the case of acceptance of its terms, the person undertakes to comply with the terms of the Terms of use.
    • In accordance with Article 633 of the Civil Code of Ukraine, the consistent acceptance by the User of the site of the following actions is considered the proper acceptance of this offer:
      1. Acquaintance and agreement with the terms of this Terms of use;
      2. Entering the questionnaire data and confirming the validity of the data by clicking "Continue" or "Pay". From the moment of clicking the "Continue" or "Pay" button and taking into account the correct sequential execution of all the above actions, the Terms of uses shall be concluded.
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