Public offer
TOV "Tour operator Calypso Ukraine" (identification code of the legal entity 42385307; license for tour operator activities issued by the State Agency of Ukraine for Tourism and Resorts No. 199 dated 11.02.2019), hereinafter the TOUR OPERATOR, on the one hand, provides travel services
A client (an individual or legal entity in accordance with the Legislation of Ukraine), who, by accepting the terms of this Public Offer, declares his right and capacity, as well as his right to act on behalf of persons traveling with him, on the other hand, purchases travel services on the terms of this public offer:
SUBJECT OF THE CONTRACT:
The TOUR OPERATOR provides its Clients (individuals and legal entities) with travel services in accordance with the application of the latter. Clients make an application for the provision of tourist services by sending an e-mail to the address of the TOUR OPERATOR, or by pressing the "Send Application" button, which is located on each page of the available ready-made offer for tourist services.
REGISTRATION OF THE APPLICATION:
2.1. An application for a calculated tourist product presented on the website of the TOUR OPERATOR.
The client can choose the tourist product he likes and has already calculated on the TOUR OPERATOR'S website, based on his priorities. On the web page with such a tourist product, there is an “Order” button, which you must click and fill in all the required mandatory fields, optionally, fill in the “Comments” field. After the Client presses the "Confirm Application" button, such an application goes to the TOUR OPERATOR.
2.2. Application for a tourist product that is not presented on the TOUR OPERATOR'S website.
If the Client did not see the desired tourism product on the site, or if the tourism product is an element of tourism services (air travel, accommodation, transfer, visa support, excursion services, etc.), an application can be made by:
filling out an application for a similar tourist product with the addition of comments, what changes it is desirable to make to the existing tourist product
sending a request for the calculation of the desired tourist product through the form on the website of the TOUR OPERATOR or to the email address: office@world2spain.com
Making an application IS NOT an obligation to pay for it, but is a communicative way of identifying the Client's need for a particular tourist product of the Tour Operator.
APPLICATION PROCESSING
When the application is processed, a corresponding notification is sent to the Client's email address. The processing of the application involves a dialogue between the Authorized Representative of the Tour Operator and the Client, during which all the details of the tour product and the limits of the Tour Operator's responsibility for the sale of this tour product are clarified. During the dialogue, the status of the application may change, about which the Client receives appropriate notifications. During the processing of the application, the Client has the right to modify the tour by duration, route, etc., request additional services. If changes are made to the application, the Client receives an appropriate notification about this, indicating which changes were made to the application. The application is being processed until:
– agreeing on all the details of the proposed tourist product and assigning the status “Waiting for payment on the application” to the application,
– cancellation / cancellation of the application without the application of penalties.
OBLIGATIONS AND RIGHTS OF THE PARTIES
The tour operator must:
Promptly respond to information messages of the Client
Provide the Client with the most reliable and up-to-date information on the tourist product, in the amount and in time in accordance with the Legislation of Ukraine
Ensure high-quality provision of services in accordance with the list and in the scope as specified in this public offer, drawn up individually with each Client and containing the essential terms of the Agreement
Ensure the booking of services in accordance with the list of services ordered by the Client and executed for this Public Offer
Provide the Client with the documents necessary for a tourist trip: voucher, insurance policy, air tickets, etc., in accordance with the ordered and paid tourist product.
Accept payment from the Client, if such payment was made on the basis of the invoice issued by the Tour Operator within the terms indicated as the deadline for payment
The tour operator has the right:
Refuse the Client to process his application if the Client requires to provide him with services or provide conditions that are contrary to the Legislation of Ukraine, or the provision of which is impossible
Change the terms of this Public Offer unilaterally and without notice. At the same time, the changes made do not have retroactive effect and do not apply to those applications that were paid by the Client before such changes were made.
Require personal information from the Client to the extent and within the time period necessary for booking and ensuring the provision of travel services
Demand compensation for losses incurred by the Tour Operator as a result of illegal actions on the part of the Client, incl. and due to violation of the terms of this offer
Cancel, under the terms of this Public Offer, an already paid application with the imposition of penalties for such cancellation or without them
Refuse to fulfill their obligations in accordance with the terms of this Public Offer and in accordance with the norms of the Law of Ukraine "On Tourism"
Change any parameter of an already paid travel product, if such changes are necessary to ensure the safety of the Client. Financial compensation for such changes is determined by the terms of the insurance that the tourist has issued for a particular tourist trip.
Change the price of a tourist product after its confirmation only in cases provided for by the Law of Ukraine "On Tourism"
Make changes to the confirmed and paid application, or cancel it on the terms of this Public Offer, due to a change in the essential conditions and circumstances that the Parties were guided by at the time of signing the Agreement.
The client is obliged:
Provide the Tour Operator with all the completeness of wishes for the requested tourist product and personal data of all participants of the Tourist trip to ensure the fulfillment by the Tour Operator of its obligations in accordance with this Public Offer.
Timely provide the Tour Operator with documents, incl. original documents necessary for the Tour Operator to fulfill its obligations in accordance with this Public Offer.
Pay for the requested tourist product in full and within the time specified by the Tour Operator.
Comply with the rules of stay in the country of temporary residence, taking into account the traditions and customs of the local population, as well as the implementation and observance of customs regulations and rules for entry / exit to / from the country of temporary residence; not violate public order and the requirements of the laws of the country of temporary residence; adhere to the rules of internal regulations and fire safety in places of accommodation and stay.
Comply with the requirements of the authorities of the country of temporary residence, as well as the requirements of the receiving party, if such requirements relate to ensuring the security of the Client.
Comply with the requirements of carriers regarding the time of arrival at the check-in point in order to further use the services of such carriers
Accurately observe the time allotted for excursion services
Pay the actual costs incurred by the Tour Operator, incl. and penalties, in case of cancellation of the paid and confirmed tourist product, incl. if any element of such a tourism product is canceled
Cover all costs incurred by the Tour Operator as a result of the Client's illegal actions
The client has the right:
Change the tourist product of the Tour Operator in accordance with your wishes
Receive the necessary and reliable information before paying for the tourist product, in accordance with Art. 19-1, 20 of the Law of Ukraine "On Tourism", the Law of Ukraine "On Protection of Consumer Rights" as well as other information necessary for the safe use of the tourist product.
Get a range of Tourist services in accordance with the list of ordered and paid tourist services
Demand compensation for losses incurred as a result of non-fulfillment or improper fulfillment by the Tour Operator of its obligations, only in cases where such losses are documented, as well as the fact of non-fulfillment or improper fulfillment of its obligations by the Tour Operator. At the same time, the Tour Operator does not accept for consideration any claims related to compensation for moral damage.
Refuse the ordered tourist product, taking into account the consequences, incl. and financial, provided for by this Public Offer.
RESPONSIBILITIES OF THE PARTIES
5.1. Responsibility of the Tour Operator.
5.1.1. The tour operator is liable solely within the limits of its obligations in accordance with this Public Offer and on the basis of the Law of Ukraine "On Tourism".
5.1.2. The Tour Operator is not responsible for the actions of a third Party, as a result of which the Client did not receive / did not receive in full the services purchased not through the Tour Operator.
5.1.3. The Tour Operator is not responsible for the actions of air, railway and regular bus carriers, as a result of which the Client did not receive / did not receive in full the services ordered from the Tour Operator and paid for. The Tour Operator strongly recommends that Clients take out appropriate insurance in order to avoid losses in connection with such actions.
5.1.4. The Tour Operator is not responsible for the actions of the authorities and authorized bodies, as a result of which the Tour Operator is deprived of the opportunity to fulfill its obligations.
5.1.5. The Tour Operator is not responsible for the actions of financial institutions and institutions due to the actions of which the Tour Operator did not receive full payment for the tourist product.
5.1.6. The tour operator is responsible for the actions of a third party (counterparty) solely within the limits specified by the Law of Ukraine "On Tourism".
5.2. Responsibility of the Client.
5.2.1. The Client is fully responsible for the accuracy of the personal Information provided to the Tour Operator.
5.2.2. The client is fully responsible for the fulfillment of his obligations in accordance with this public offer.
PRICE
6.1. The cost of the tourist product presented on the website of the Tour Operator is expressed in the national currency - hryvnia.
6.2. The cost of the tourist product, expressed in hryvnia, is an offer and is relevant only at the time of sending the application and is subject to recalculation in case of currency fluctuations. Recalculation of the cost does not apply to applications already paid by the Client.
6.3. The cost of a tourist product has a clear definition of what is included in it, and what services the Client can purchase from the Tour Operator for an additional fee.
PURCHASE PROCEDURE, PRICE AND PAYMENT OF TOURIST PRODUCT
7.1. The tour operator carefully makes all the additions and wishes to the Client's application, which is at the processing stage (accepted for work).
7.2. After agreeing on all the details of the tour product with the Client, the Tour Operator Sends the Client an Appendix to this Public Offer, which contains all the essential terms of the Agreement.
7.3. The Client signs the Application and sends it to the Tour Operator, after which the Tour Operator issues an invoice to the Client for payment and the application assigns the status "Application awaiting payment".
7.4. The invoice is issued in hryvnias at the commercial exchange rate prevailing at the time of issuing such an invoice. The invoice contains the cut-off date for the validity of the invoice.
7.5. Payment for the ordered tourist services is carried out by bank transfer within the time specified in the invoice. Cashless payment can be made:
Bank transaction.The cost of banking services is paid by the Client in accordance with the existing tariffs for such services;
by bank card on the website of the Tour Operator. ATTENTION!When paying by card, the bank fee is 2,75%.
7.6. The date of payment is the date of receipt of funds to the settlement account of the Tour Operator. The tour operator is not responsible for the actions of financial institutions, as a result of which payment for the tourist product was made late.
7.7. The tour operator, after receiving funds to its current account, assigns the status to the application:
“Advance payment received on application” or
"Application paid 100%"
7.8. In case of late receipt of payment for the tourist product, the Tour Operator has the right to:
issue an invoice for the amount of the exchange difference
refuse from their obligations if the fulfillment of obligations is not possible (there are no more free places in the hotel, the air ticket reservation has failed, etc.). At the same time, the Tour Operator undertakes to return to the Client the amount paid by the latter, minus the operating banking costs associated with such a refund, at the rates of a banking institution, as well as other costs, if any.
accept payment and start fulfilling your obligations in accordance with this public offer
PROCEDURE FOR CANCELING A TOUR PRODUCT
8.1. The client has the right to cancel the application or cancel the already paid tourist product.
8.2. If the tourist product ordered by the Client has the status "In progress", the Client may cancel the application by notifying the Tour Operator by e-mail. In this case, the parties have no financial obligations to each other.
8.3. If the tourist product ordered by the Client has the status “Application paid for 100%”, the Client may cancel the application, with all the ensuing financial consequences. In this situation, the application is assigned the status:
"Application canceled without penalty" or
"Application canceled with fines"
The amounts of fines are stipulated in each specific application and are indicated in the appendix to this Public Offer.
8.4. In case of cancellation / change of data of already issued tickets, such cancellation (changes) are carried out on the basis of the rules of the airlines.
8.5. In case of cancellation/change of these paid placements, such cancellation (changes) are carried out on the basis of the rules of placements.
8.6. In case of cancellation / change of the tourist product specified in paragraphs. 8.4. and 8.5., is also non-refundable the amount that the Tour Operator received as payment for the work done.
8.7. It is considered that the Client is satisfied with the purchased tour product and has no claims against the Tour Operator, if after 14 days from the date of the end of the provision of services by the Tour Operator, the Client has not expressed his claim in accordance with the terms of this public offer. In this case, based on the principle of tacit consent, it is considered that the Client has accepted and signed the Certificate of Completion of Works / Services Provided.
DISPUTES RESOLUTION PROCEDURE
9.1. All disputes that may arise during the implementation of this public offer, the Parties try to resolve through negotiations.
9.2. If it is impossible to find a consensus, the dispute that has arisen is resolved in the Economic Court at the place of registration of the Tour Operator.
9.3. The Tour Operator accepts claims for consideration if the claim concerns non-provision or improper provision of the tourist product to the Client. However, this fact must be documented.
9.4. The claim must be made in writing and sent by mail to the Tour Operator with all supporting documents attached no later than within 14 days from the end of the trip. Claims sent after this period will not be accepted for consideration.
9.5. If the Client was offered alternative tourism products and the Client accepted them, the claims are considered unfounded, and the services under this public offer are provided in full.
9.6. The tour operator does not accept claims and is not liable for claims related to the negative consequences of the services consumed, which are not the subject of this Public Offer with all its annexes.
9.7. The tour operator does not accept claims if they arose as a result of non-compliance of the ordered services with excessive subjective expectations.
OTHER CONDITIONS
10.1. The tour operator owns the copyright for all texts posted on this site. The use of any materials of this resource without the consent of the Tour Operator, for commercial purposes or without such, but without reference to the Tour Operator, is prosecuted in accordance with the laws of Ukraine in the field of copyright protection.
10.2. When providing information on the categorization of tourism products, the Tour Operator proceeds from the classification provided by counterparties. Due to significant differences in different countries in the practice of regulatory regulation of quality standards and certificates, official documents confirming the level can be provided to the Client only if the partner companies have them.
10.3. By accepting the terms of this public offer and signing the Appendix to it, the Client agrees to the processing by the Tour Operator of the Client's personal data to the extent necessary for the Tour Operator to fulfill its obligations under this offer. By providing personal data of other group members indicated in the Annex to this public offer, the Client guarantees that he is authorized to provide the Tour Operator with personal data of other group members.
10.4. By accepting the terms of this public offer and signing the Appendix to it, the Client confirms that the Tour Operator has provided the Client with all the information on the terms of tourist services, in accordance with the legislation of Ukraine, namely: the Law of Ukraine “On Tourism”, the Law of Ukraine “On Protection of Consumer Rights”, other regulatory -legal acts.