Public Offer Agreement (Accession)
(Rules for Providing Services at Sense Travel)
These Rules for Providing Services at Sense Travel constitute a Public Offer Agreement (Accession Agreement) concluded between:
Sense Travel – represented by individual entrepreneur Svitlana Mamayeva, based on an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs and Public Formations, registration number 2 339 000 0000 025127 dated January 21, 2019 (Identification Number 39393260, registered address: 08154, Kyiv region, Kyievo-Sviatoshynskyi district, Boyarka city, Kavkazska Street, house 3), guided by articles 633, 641 of the Civil Code of Ukraine, on one side, and
The User – a natural person who, according to Article 2 of Article 642 of the Civil Code of Ukraine, by his actions accepted (accepted) the offer to conclude this Agreement, on the other hand,
hereinafter referred to as the “Parties”, and each individually as a “Party”, regarding the following:
- Definition of Terms
This paragraph defines the interpretation of the terms, definitions, and definitions listed below, which are used in this Agreement.
“Acceptance” – full, unconditional, and unconditional consent of the User with all the provisions of this Agreement on the terms defined by the Public Offer Agreement and its Appendices without reservations and exceptions. Acceptance is considered the fact of the User registering on the Site or using the Site, or using the Services of Sense Travel.
“Contract”, “Offer” – a document published on the website https://sensetravel.world/ on the Internet, which regulates the relationship between Users and Sense Travel in the process of providing services.
“User” – any natural person who has access to the website https://sensetravel.world/ and to the pages of Sense Travel Academy on the “Facebook”, “Instagram” networks via the Internet.
“Services” – providing by the Performer of services, which consist in providing the User with the opportunity to visit retreats, intensives, author’s tours, and other entertainment and developmental events after placing a corresponding request on the “Facebook”, “Instagram” networks, on the website https://sensetravel.world/.
“Software” – Internet browser (Internet Explorer, FireFox, Google Chrome, and similar) for accessing information resources located on the Internet, other programs for transmitting, storing, processing information provided.
“Cookies” – a small piece of data sent by a web server and stored on a user’s computer, web client, or web browser, sent to the web server in an HTTP request when trying to open a page of the corresponding site.
“IP address” – a unique network address of a node in a computer network built according to the IP protocol, which allows identifying the location and other information about the User.
“Financial agent” – a company providing Internet payment services, which is integrated into the functionality of the Site for payment by the User of the services provided by Sense Travel. The financial agent is the services of LiqPay – (web interface of PrivatBank, but at the same time there may be other services or companies.
All definitions, definitions, and terms not defined in this section are interpreted in the meaning defined by the current legislation of Ukraine, and in the absence of such definition – in their usual understanding.
- Subject of the Agreement
2.1. Solely in the manner and on the terms provided by this Agreement, Sense Travel undertakes to provide the User with services consisting in providing the User with the opportunity to visit author’s tours, retreats, intensives, and other entertainment and developmental events by placing the corresponding application and/or on the “Facebook”, “Instagram” networks, on the website https://sensetravel.world/, and the User undertakes to conscientiously consume and pay for this service. Services can be provided both in an interactive face-to-face and/or online format (remotely).
2.2. The term of provision of services is determined in accordance with the approved Sense Travel schedule of service provision, which may be changed or adjusted by Sense Travel unilaterally (hereinafter referred to as the “Schedule”).
- Procedure for accepting an offer to conclude this Agreement
3.1. This Agreement in accordance with articles 633, 641, 642 of the Civil Code of Ukraine is a public contract.
3.2. Placement of the text of this Agreement on the website https://sensetravel.world/ with a link from pages on the “Facebook”, “Instagram” networks, other electronic media, etc. is a public offer (offer) to conclude this Agreement and become a party to the legal relations provided for in it.
3.3. The offer is considered accepted (accepted), and the Agreement concluded from the moment of subscribing to the Sense Travel page on the “Facebook”, “Instagram” networks, or using the services of Sense Travel. At the same time, additional signing of the Agreement by the User is not required. In accordance with Part 2 of Article 642 of the Civil Code of Ukraine, subscribing to the Sense Travel page on the “Facebook”, “Instagram” networks, using the services of Sense Travel and/or agreeing with these rules published on the website https://sensetravel.world/ is an action indicating acceptance of the offer to conclude this Agreement and accept all conditions specified in it. Also, the Acceptance of this Offer is the fact of the User making a full payment for the services of Sense Travel in accordance with the terms of this Agreement and the information on the Sense Travel website. From the moment the funds are credited to the account for the payment of the services provided, this Agreement is considered concluded between Sense Travel and the User.
3.4. Acceptance of this Offer means that the User is fully acquainted with the terms of this Agreement and the rules of the payment system – the Financial agent, the specifics of the Site’s operation, within the framework of which educational materials are placed, acknowledges the unconditional suitability of the Site and other resources for performing actions and achieving goals that are the subject of this Agreement. And is equated in accordance with Part 2 of Article 642 of the Civil Code of Ukraine to the conclusion by the Parties of a bilateral written agreement on the terms set forth below in this Offer.
3.5. The actions of Users provided for in clause 3.3. of this Agreement are evidence of the unconditional acceptance of all, without exception, conditions of this Agreement. The conditions of the Agreement are not subject to change and/or addition at the initiative of Users.
3.6. The cost of the services provided by Sense Travel and available for order is indicated on the Site, on the pages of Sense Travel in the “Facebook”, “Instagram” networks and may be changed by Sense Travel at its discretion at any time unilaterally. The changed cost is effective from the date of publication and applies only to the services ordered after the publication of the new cost. Payment for services is made by the User in the form of an advance payment of 100% of the cost of the services online through the electronic payment system of the Financial agent implemented on the Site. The rules defined by the Financial agent apply to the payment procedure. The moment of payment is considered the receipt of funds into the account of the Financial agent. All expenses associated with the transfer of funds, including the services of a banking institution, a financial agent, are borne by the User.
3.7. The services provided are an individual order for the User, and therefore the paid funds are non-refundable and are paid by the User in full. In case of full or partial non-payment of the cost of services by the User, Sense Travel has the right to refuse their provision. At the same time, funds already paid by the User are a down payment under the contract and are not subject to refund.
- Rights and obligations of the Parties
4.1. Sense Travel has the right to:
Receive timely payment from the User for the services provided at the price, in the manner, and on the terms determined on the website https://sensetravel.world/ or by the administration of Sense Travel.
Reschedule or cancel the time and place of providing services to the User in case of delay or absence of persons directly involved (teachers/students) in the process of providing services at Sense Travel.
Refuse the Client the opportunity to visit a retreat, intensive, or other event (suspend the provision of Services under this Agreement) in case of violation by the Client of the rules of conduct and other conditions of this Agreement.
4.2. The User has the right to:
- Receive quality services in accordance with the conditions determined on the website https://sensetravel.world/ or by the administration of Sense Travel.
4.3. Sense Travel undertakes:
- To provide the User with services in accordance with the conditions determined on the website https://sensetravel.world/ or by the administration of Sense Travel.
4.4. The User undertakes:
To comply with the requirements determined on the website https://sensetravel.world/ regarding the procedure for providing services, to follow the recommendations and instructions of Sense Travel.
Timely pay for services in the manner provided for by this Agreement.
Respect the internal regulations, rules of conduct and residence adopted at Sense Travel’s premises (places of service provision), and take full responsibility for the damage caused by him.
- Responsibilities of the Parties
5.1. In case of non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.
5.2. Sense Travel is not responsible for non-receipt or improper receipt of services by the User, arising from reasons beyond Sense Travel’s control (for example, equipment malfunctions of the User, problems with access to the Internet, etc.).
5.3. The User is responsible for the accuracy and reliability of the information provided during registration and when ordering services. Sense Travel reserves the right to refuse to provide services if inaccurate information is detected.
5.4. In case of delayed payment for services, the User must pay a penalty of 0.1% of the amount of the debt for each day of delay.
- Amendment and Termination of the Agreement
6.1. Sense Travel has the right to unilaterally make changes to the terms of this Agreement. Changes take effect from the date of their publication on the website https://sensetravel.world/.
6.2. The User has the right to terminate the Agreement unilaterally by notifying Sense Travel at least 7 calendar days before the planned termination date. In this case, the paid funds are not subject to refund.
6.3. In case of violation by the User of the conditions of this Agreement, Sense Travel has the right to terminate the Agreement unilaterally without prior notice and without refunding the paid funds.
- Final provisions
7.1. This Agreement is a public offer and enters into force from the moment of its acceptance by the User.
7.2. In case of disputes, the Parties undertake to resolve them through negotiations. If the dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the legislation of Ukraine.
7.3. This Agreement is drafted in Ukrainian and Russian languages. In case of discrepancies between the versions of the Agreement, the Ukrainian version shall prevail.
7.4. Any notices and requests related to this Agreement must be sent in writing and deemed received within 7 days from the date of sending by mail or by e-mail specified during User registration.
Contact details for Sense Travel:
Physical address: 08154, Kyiv region, Kyievo-Sviatoshynskyi district, Boyarka city, Kavkazska Street, house 3
Phone: +380123456789
Email: [email protected]
