General Terms and Conditions of Business of Ukraine Buddy LLC
(hereinafter referred to as Ukraine Buddy)
The following general business and travel conditions become the content of the contract between the customer and Ukraine Buddy and supplement the legal provisions.
1.1 With the travel reservation (booking) and it’s confirmation, the customer and Ukraine Buddy conclude a travel contract.
1.2 The registration is carried out by the applicant for all other persons listed in the registration. In this respect, the applicant declares to be responsible for the contractual obligations of all persons listed in the registration.
1.3 The travel registration can be made in writing, verbally, by telephone or electronically (email, internet) after the customer has been properly informed by Ukraine Buddy.
1.4 The travel contract is concluded when Ukraine Buddy accepts the offer (travel confirmation / invoice). The confirmation does not require a specific form. As a rule, Ukraine Buddy will electronically send the customer the travel confirmation that complies with the legal requirements.
1.5 If the content of the travel confirmation / invoice differs from the customer’s registration, the travel confirmation / invoice from Ukraine Buddy is to be regarded as a new offer from Ukraine Buddy, to which Ukraine Buddy is bound for a period of 10 days. For short-term bookings – less than 7 working days before the start of the trip – the commitment period is 2 days. The contract is concluded on the basis of this new offer, provided Ukraine Buddy has pointed out the changes and has otherwise fulfilled its pre-contractual information obligations. Acceptance of the customer is made by express declaration, down payment or full payment to Ukraine Buddy.
2.1 Ukraine Buddy has an insolvency insurance with
АТ КБ «ГЛОБУС»
пр. Куренівський, 19/5
04073 Київ
Україна
Tel. 0 800 300 392
Fax: +38 044 545 63 51
e-mail: info@globusbank.com.ua
to secure customer funds.
2.2 With the conclusion of the travel contract and the handing over of the name and contact details of the customer money insurer in a clear, understandable and highlighted manner, the customer usually has to make a down payment of 50% of the travel price plus any costs of a concluded insurance. If the travel contract is based on an individually submitted offer, in deviation from this regulation, the amount of the deposit shown there applies. Services provided by Ukraine Buddy may have different due dates depending on the payment terms of the service providers, about which the customer will be informed before the contract is concluded.
2.3 The down payment is due within 7 days of the invoice date. The rest of the travel price is due 4 weeks before departure, provided that the trip can no longer be canceled for the reasons of Section 9. In the case of transfers from abroad, the customer must fully bear the additional fees for international transfers. For bookings made less than two weeks before the start of the trip, the entire travel price is due after delivery of the invoice including the security certificate.
2.5 Premiums for brokered insurance, cancellation fees, processing and rebooking fees are due immediately. Expenses for obtaining visas (e.g. visa fees) will also be invoiced and payable as soon as the customer has asked Ukraine Buddy to apply for the visa.
2.6 The travel documents will only be handed over or sent to Ukraine Buddy after the total travel price has been credited. Ukraine Buddy has the right to refuse performance to the customer until full payment of the travel price.
2.7 If the customer does not make the down payment and / or the remaining payment on time, Ukraine Buddy is entitled to withdraw from the travel contract after issuing a warning and to charge the customer the cancellation costs in accordance with Section 6.
The customer is free to provide proof that no or significantly lower costs have arisen.
Ukraine Buddy reserves the right to pass on the additional costs incurred due to the incomplete or incomplete payment (e.g. bank fees, return debit fees) and to charge a reminder fee of 100 UAH if a reminder has been issued.
2.8 In the case of short-term bookings, i.e. if there are 28 days or less between the booking and the start of the trip, the trip price must be paid step by step upon delivery of the travel documents.
2.9 In the case of currency conversions, the rate of the settlement date applies and not that of the date of the booking. Ukraine Buddy is not liable for exchange rate differences. The bank may charge additional fees for debits abroad.
3.1 The scope of the contractual services results exclusively from the service description of Ukraine Buddy and from the corresponding information in the travel confirmation. Any ancillary agreements require the electronic or written confirmation of Ukraine Buddy.
3.2 Brochures, advertising materials and other publications that are not published by Ukraine Buddy are not binding for Ukraine Buddy. The current price lists at the time of confirmation of the trip by Ukraine Buddy apply.
3.3 Third parties are not authorized to make commitments and / or to make agreements that deviate from the travel conditions or the tenders of Ukraine Buddy. Special customer requests must be explicitly confirmed in writing by Ukraine Buddy in order to become part of the contract.
3.4 Services that are provided to the customer as external services by third-party companies, even if they are booked through Ukraine Buddy, are not part of the scope of services of Ukraine Buddy (e.g. sporting events, excursions, external tours, exhibitions, cultural events, restaurant visits etc.).
4.1 Ukraine Buddy reserves the right to declare, for factually justified, substantial and unforeseeable reasons, a change or deviation of the information in the respective service description before the contract is concluded.
4.2 Ukraine Buddy undertakes to immediately inform the customer electronically about changes or deviations in performance by email. In the event of a significant change in the trip, the customer is entitled to withdraw from the travel contract or to request participation in an at least equivalent trip if Ukraine Buddy is able to offer such a trip for the customer. The customer must assert these rights against Ukraine Buddy immediately after receiving notification of the change.
4.3 Any warranty claims remain unaffected insofar as the changed services are defective.
Ukraine Buddy reserves the right to change the price agreed in the travel contract in the event of an increase in transportation costs or charges for certain services such as port or airport fees, security fees in connection with the transportation; entry, residence and public admission fees or a change in the exchange rates applicable to the trip in regards as follows:
5.1 If the transport costs, in particular the fuel costs, that exist when the travel contract is concluded, Ukraine Buddy can increase the travel price according to the following calculation:
a) In the case of an increase related to the seat, Ukraine Buddy can demand the increased amount from the customer.
b) In other cases, the additional transportation costs required by the carrier for each means of transportation are divided by the number of seats of the agreed means of transportation. Ukraine Buddy can request the resulting amount for the single seat from the customer.
5.2 Are the existing taxes at the conclusion of the travel contract such as port or airport fees, security fees in connection with the transport; Entry, residence and public entrance fees to Ukraine Buddy are increased, so the travel price can be increased by the corresponding proportionate amount.
5.3 If the exchange rates change after the conclusion of the travel contract, the travel price can be increased to the extent that the trip has become more expensive for Ukraine Buddy.
5.4 In the event of a subsequent change in the travel price, Ukraine Buddy must inform the customer of this immediately, but at the latest 10 days before the start of the trip. In the event of price increases of more than 20%, the customer is entitled to withdraw from the travel contract or to request participation in an equivalent trip if Ukraine Buddy can offer such a trip at no additional cost. The customer must assert these rights immediately after the change in the travel price by Ukraine Buddy. The declaration can be made by email to info@lvivbuddy.com.
5.5 As far as cost increases affect a tour group in its entirety, they are divided proportionally according to the number of heads. Depending on which calculation is more favorable for the customer, the originally calculated average number of participants or the number of participants specifically expected for the trip is used. Ukraine Buddy will provide reasons and scope for the price increase upon request.
6.1 The customer can withdraw from the trip at any time before the start of the trip. The resignation must be declared to Ukraine Buddy. If the trip was booked through a travel agent, the cancellation can also be declared to the latter. The decisive factor is the receipt of the cancellation notice. Withdrawal is generally possible informally. However, the customer is advised to declare the cancellation by email to info@lvivbuddy.com.
6.2 If the customer withdraws before the start of the trip, Ukraine Buddy is entitled to cancellation compensation instead of the travel price, provided that Ukraine Buddy is not responsible for the withdrawal and / or there are no unavoidable, exceptional circumstances.
6.3 Instead of the specifically calculated claim for compensation, Ukraine Buddy can assert the claims listed in the cancellation policy. The cancellation conditions apply in their respective form concluded at the time of the contract.
6.4 In addition, the price of mediated services (e.g. insurance, visa) may apply in full.
6.5 When calculating according to paragraph 6.3 the customer is free to provide evidence that Ukraine Buddy has incurred no or significantly lower costs in connection with the withdrawal.
6.6 The right of the customer to transfer the contract to a replacement customer remains unaffected by the above provisions.
7.1 After conclusion of the contract, the customer is not entitled to changes in the travel date, the travel destination, the place of departure, the accommodation, the mode of transport or the airline, provided Ukraine Buddy has fulfilled its pre-contractual information obligations. Ukraine Buddy will charge the customer the actual costs per customer if changes are made to the travel date, the place of travel, the accommodation, the mode of transport or the airline after the contract has been signed and up to the 30th day before the start of the trip.
7.2 The customer’s rebooking requests, which are made from the 29th day before the start of the trip, if they can be carried out at all, can only be carried out after cancellation of the travel contract in accordance with Section 6 under the conditions specified there and simultaneous new registration. This does not apply to rebooking requests that only incur minimal costs.
7.3 Change requests / changes that cause only minor costs will be charged with the actual costs per customer. Minor changes include: changes in catering, room category, or the like.
7.4 In general, requests for rebooking with regard to the travel destination are only possible by withdrawing from the travel contract (cancellation) on the conditions specified in Section 6 and subsequent new conclusion.
7.5 Ukraine Buddy generally charges the customer a flat fee of 1000 UAH per person for processing the rebooking
If the customer does not make use of individual services for reasons for which Ukraine Buddy is not responsible, the customer is not entitled to a proportional reimbursement. This obligation does not apply if the services involved are insignificant or if there are legal or official provisions opposing reimbursement.
Ukraine Buddy can withdraw from the travel contract before the start of the trip or cancel the travel contract after the start of the trip:
a) Without observing a deadline
If the customer permanently disrupts the operation of the trip regardless of a warning or if he behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If Ukraine Buddy cancels the contract, she retains the right to the travel price.
b) If an advertised minimum number of participants is not reached, if the travel advertisement for the corresponding trip has indicated a minimum number of participants and the deadline within which withdrawal by Ukraine Buddy is possible, within the period specified in the contract, but at the latest
10.1 Ukraine Buddy is liable as part of the due diligence for the conscientious travel preparation, the careful selection and monitoring of the service providers and the proper provision of the confirmed travel services on the basis of the respective offer.
10.2 Ukraine Buddy is not liable for service disruptions in connection with services that are not part of the travel contract and which the traveler booked and used directly without the intermediation of Ukraine Buddy (e.g. sporting events, excursions, visits, etc.).
10.3 The contractual liability of Ukraine Buddy is limited to three times the travel price in the case of damage to the body, insofar as damage to the customer is not caused intentionally or through gross negligence or insofar as Ukraine Buddy is liable for damage incurred by the customer solely due to an intentional or grossly negligent breach of duty by a legal Representative or vicarious agent (e.g. service provider). Claims that may go beyond this due to international agreements remain unaffected by the restriction.
10.4 Liability claims against Ukraine Buddy resulting from tortious acts that are not based on intent or gross negligence is limited to twice the travel price. Claims that may go beyond this due to international agreements remain unaffected by the restriction.
10.5 If a travel service to be provided by a service provider applies to international agreements or legal regulations based on such, according to which a claim for damages arises or can only be asserted under certain conditions or restrictions, or is excluded under certain conditions, Ukraine Buddy can rely on this.
10.6 The customer must be responsible for participating in sports and other holiday activities. The customer should check sports facilities, equipment and vehicles before using them. Ukraine Buddy is only liable for accidents that occur during sports activities and other holiday activities if Ukraine Buddy is at fault.
Unless otherwise stated, no insurance is included in the travel price. Ukraine Buddy expressly recommends that the customer is covered by the following insurances:
12.1 The customer must inform Ukraine Buddy immediately if he has not received the necessary travel documents (tickets, performance vouchers and travel information) at least 5 working days (with the exception of Section 1.3) before the start of the trip. In this case, the travel documents, provided payment has been received by Ukraine Buddy, will be sent immediately by email.
12.2 If travel services are not provided in accordance with the contract, the customer can request remedial action. The customer is obliged to immediately notify Ukraine Buddy of a lack of travel services. The notification has to be made to the travel guide on site, whose contact details can be found in the travel documents. If a tour guide is not available or cannot be reached, any travel deficiencies in Ukraine Buddy must be reported to its registered office (for contact information, see Section 23).
Contractual reduction claims and claims for damages are excluded if the customer fails to report the defect. Ukraine Buddy can also remedy the situation by providing an equivalent or higher replacement service, insofar as this is reasonable for the customer. Ukraine Buddy is not obliged to remedy the situation if the lack of travel was deliberately brought about against good faith or if the remedy represents an inadmissible contract change. The local tour guide is instructed to take remedial action if possible. However, it is not authorized to recognize customer claims.
12.3 If a customer wants to terminate the travel contract due to a lack of travel or for an important reason recognizable to Ukraine Buddy, he must set Ukraine Buddy a reasonable period in advance. This does not apply only if remedial action is impossible or is refused by Ukraine Buddy or if the immediate termination of the contract is justified by a special interest of the customer recognizable by Ukraine Buddy.
12.4 In the event of any disruptions in performance, the customer is obliged, within the framework of the statutory provisions, to do everything reasonable to help to remedy the disruption and to minimize any damage that may arise. In particular, he has to make Ukraine Buddy aware of the risk of damage.
12.5. Health
You must confirm at the time of booking that you are in good health, physically able to complete all aspects of the trip, and have no reason why you may not be eligible to participate or suffer from an illness or injury while on the trip that can affect the course of the trip. If for any reason you are unable to provide this confirmation or if you have an illness or disability that could affect your trip, you must contact us before or along with your application form so we can assist you in assessing the suitability of the trip for you.
If it turns out that the information provided in the application form or in the medical questionnaire is significantly incorrect or incomplete, we reserve the right to cancel your booking or terminate your participation in the trip, depending on when we become aware of any such information. In this case, cancellation fees acc. to parafraph 6 apply and we are not responsible for the costs or expenses incurred as a result.
12.6. Special requests
Please let us know special requests before you book. If possible, we will try to meet your special wishes along with our service providers. Confirming that a specific request has been noted or forwarded to the supplier, including the specific request on your invoice or other documents is not a confirmation that the request has been fulfilled. Unless confirmed, all special requests are subject to availability. For your own protection, you should receive written confirmation that a specific request will be met (if possible) if this is important to you.
13.1 Ukraine Buddy does not need to inform the customer about the passport and visa requirements, as well as about health-related formalities that are necessary for the trip and the stay and the approximate time required for the procurement of any documents. The customer is responsible for complying with all regulations that are important for the implementation of the trip. All disadvantages arising from non-compliance with these regulations are the responsibility of the customer. We recommend to read the security advice from your respective state department or foreign ministry.
13.2 To fulfill the obligation under no. 13.1 the customer will inform Ukraine Buddy in full about his nationality, as well as that of all fellow travelers, and about any special features, such as dual citizenship, statelessness, etc.
13.3 If the customer does not comply with the entry regulations of individual countries, so that the customer is prevented from traveling, Ukraine Buddy can charge the customer with the corresponding cancellation fees provided under paragraph 6.
13.4 Ukraine Buddy is not liable for the timely issue and access of necessary visas, travel permits and / or other documents by the respective diplomatic mission if the customer has ordered Ukraine Buddy to provide them, unless Ukraine Buddy has violated its own obligations.
The customer is obliged to observe both the customs regulations of the country visited and those of the home country. The customer is obliged to inform himself about the applicable regulations.
Ukrainian law applies exclusively to the contractual relationship between the customer and Ukraine Buddy. This also applies to the entire legal relationship. If non-Ukrainian law is applied to lawsuits against Ukraine Buddy abroad, only Ukrainian law applies with regard to the legal consequences, in particular with regard to the type, scope and amount of claims of the customer.
16.1 The customer can only sue Ukraine Buddy at the registered office of the company.
16.2 The place of jurisdiction is Lviv (Ukraine).
16.3 The place of residence of the customer is decisive for actions brought by Ukraine Buddy against the customer. For lawsuits against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who are domiciled or habitually resident abroad or whose domicile or habitual residence is not known at the time the lawsuit is filed agreed as the place of jurisdiction Lviv (Ukraine).
The customer is not entitled to declare offset against claims by Ukraine Buddy for payment of the agreed travel price, unless the counterclaim is undisputed or legally established.
An assignment of any claims of the customer on the occasion of the trip, regardless of the legal reason, to third parties is excluded. This does not apply to accompanying family members. If Ukraine Buddy’s assignment permission to the customer is permitted, no legal claim derives from this.
Personal data that you provide to Ukraine Buddy are electronically recorded, stored, processed, transmitted to service providers and used insofar as this is necessary for the execution of the contract. The data is protected against misuse according to the GDPR. Further information on data protection can be found at https://lvivbuddy.com/privacy-policy/.
Ukraine Buddy does not participate in dispute resolution procedures before a consumer arbitration board.
The ineffectiveness of the individual provisions of the travel contract and these conditions does not result in the ineffectiveness of the entire travel contract and these conditions.
Ukraine Buddy LLC
Staroievreiska 7a
79008 Lviv
Ukraine
info@lvivbuddy.com
Managing Director: Peter Althaus
Lviv Buddy is a member of the Free Tour Community, a global network of independent local initiatives operating in the pay-what-you-wish model.
