Public offer agreement for the provision of a range of services by the country recreation park "Riverwood Relax Park"

village of Moshny May 20, 2024

Riverwood Club Limited Liability Company (in the future – Operator), represented by the director Andriy Viktorovych Petrusevych, acting on the basis of the Charter, on the one hand, and any individual or legal entity that has accepted (accepted) this proposal (hereinafter referred to as User), on the other hand (further together — Parties), have concluded this Agreement (hereinafter referred to as the Agreement) about the following:

1. Definition of terms

1.1. Public offer – the Operator’s offer in accordance with Article 641 of the Civil Code of Ukraine, addressed to an unlimited number of individuals and legal entities, which is an official public offer of the Operator, to conclude with the Users an Agreement on the provision of a set of Services by the Countryside Recreation Park “Riverwood Relax Park” on the terms contained in the public offer in accordance with Article 633 of the Civil Code of Ukraine.

1.2. Contract – a transaction drawn up in the form of an accession agreement in accordance with Article 634 of the Civil Code of Ukraine on the provision and receipt of the Operator's Services, concluded between the Operator and the User under the terms of the Public Offer at the time of acceptance by the User of its terms.

1.3. Operator – Limited Liability Company “Riverwood Club”, EDRPOU code 42978903, which provides a range of Services on the terms set out in this Agreement.

1.4. User – any individual or legal entity (including persons invited by them, their employees) receiving Services under the terms of the Agreement, which provides for the provision of the Operator's Services on the territory of the Complex.

1.5. Complex – Countryside recreation complex “Riverwood Relax Park”, the service provider of which is the Limited Liability Company “Riverwood Club”, EDRPOU code 42978903, located at the address: Cherkasy region, Cherkasy district, village of Moshny, Urochyshche Zalissya (registered at the address: Cherkasy region, Cherkasy district, village of Moshny, Nevsky str., building, 15.

1.6. Acceptance – the User's full and unconditional consent to conclude the Agreement on the terms and conditions specified in the public offer, and the User's acceptance of all terms and conditions of the Agreement without any exceptions, limitations and reservations in accordance with Part 2 of Article 642 of the Civil Code of Ukraine.

1.7. Cost of services – the cost of the Services (complex of Services) approved by the Operator in monetary terms and the rules for their application, according to which the amount of the fee for the provision of each individual type of the Operator's Services is determined.

1.8. Service (complex of Services) – a product of the Operator's activities aimed at meeting the needs of Users in the field of providing services on the terms set out in this Agreement.

1.9. Termination of Services – termination of the provision of the Operator's Services until the reasons that led to this termination are eliminated, including in the event of the User's failure to fulfill his obligations under the Agreement or the User's failure to comply with the rules for visiting the Complex.

1.10. Instructions – relevant provisions regarding the rules/conditions for using the facilities/locations of the Complex, rules of conduct and safety precautions when using the types of Services provided by the Operator.

1.11. Consent of the personal data subject – voluntary expression of will of an individual (provided that he is informed) to grant permission for the processing of his personal data in accordance with the formulated purpose of their processing, expressed in a form that allows to conclude that consent has been granted.

1.12. Processing of personal data – any action or set of actions performed in whole or in part in an information (automated) system and/or in personal data filing systems related to the collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (distribution, sale, transfer), depersonalization, destruction of information about an individual.

1.13. Official website of the operatorhttps://www.riverwood.com.ua

2. General provisions

2.1. This Agreement is an official public offer of the Operator to conclude an Agreement, under the terms of which the Operator is obliged to provide the User with a set of Services on the terms set out below for the fee established by the Agreement.

2.2. This Agreement is a public agreement, in accordance with the provisions of Article 633 of the Civil Code of Ukraine, the terms of which are established equally for all persons, and is concluded between the Operator and the User in the form of an accession agreement in accordance with Article 634 of the Civil Code of Ukraine.

2.3. The Parties guarantee that they have the necessary civil legal capacity, as well as all rights and powers necessary and sufficient to conclude and execute the Agreement in accordance with its terms.

2.4. Acceptance of the Operator's offer is the User's completion of the registration card at the reception of the Complex (or electronic form on the Operator's official website) or the collective or separate performance of any of the following actions:

2.4.1. payment by the User for any Service of the Operator;

2.4.2. use of the Complex Services by the User;

2.4.3. entrance to the territory of the Complex (the text of this Public Agreement is posted at the reception in the Consumer Corner, therefore it is impossible not to familiarize yourself with its text).

Any individual action specified in this paragraph performed by the User indicates that the User is familiar with this Agreement and agrees with its terms in full.

2.5. The User undertakes to independently enter (report) reliable personal data and information that correspond to reality when registering for the Services of the Complex.

2.6. The term of acceptance of this public offer is unlimited.

2.7. The Agreement is considered concluded and enters into force from the moment of its Acceptance, and is valid for the entire period of stay in the Complex or until the Agreement is terminated on the grounds specified in the terms of the Agreement and/or the norms of the current legislation of Ukraine.

2.8. Conclusion of the Agreement means that the User:

2.8.1. has fully familiarized himself with the functioning of the Complex and other additional Services of the Operator and the rules of conduct, visitation and use of individual Services, which are set out in the text of this Agreement or in a separate annex to the Agreement or an extract from this Agreement;

2.8.2. acknowledges the unconditional suitability of the Operator's Services and the rules/conditions of conduct, visit and use of individual Services of the Complex;

2.8.3. accepts all the terms of this Agreement without comments or objections.

3. Cost of Services and payment procedure

3.1. All Services of the Complex are provided to the User on a paid basis in accordance with the Cost of Services for Users, which are indicated in the menu, price list, on the information stand, in the Consumer Corner and on the Operator's official website.

3.2. The User understands and agrees that the Cost of Services for the Operator's Services and their list are determined and changed solely by the sole decision of the Operator.

3.3. Payment for services at the hotel is made in cash, by bank cards of the MPS Visa, Mastercard, by transfer, by cashless payment, by bank transfer, through a payment intermediary.

4. General Terms and Conditions of Services

4.1. The right to visit the Complex and the procedure for paying for Services.

4.1.1. Each User undertakes to comply with the terms of this Agreement, the Rules / conditions, and the order throughout the territory of the Complex. In case of violation of the terms of this Agreement and the Rules of visit, behavior, and use of individual Services, the user bears full material and personal responsibility in accordance with the terms of this Agreement and the current legislation of Ukraine.

4.1.2. In the event of a violation by the User of the terms of this Agreement and, as a result, unilateral termination of the agreement by the Operator, the amount paid by the User for the Operator's Services shall not be refunded.

4.1.3. Certificates purchased by Users for the provision of services in the Complex are valid within the period specified in the Certificate and grant the right to use the specified services. If the User does not use the services in accordance with the Certificate within the specified period, the period is not transferred to other dates and the cost of the Certificate is not refunded to the User.

4.2. Operating mode of the Complex and duration of consumption of Services.

4.2.1. The User has the right to be on the territory of the Complex only during the Complex's operating hours established by the Operator. Information about the Complex's operating hours is posted in the Consumer's Corner and on the Operator's official website.

4.2.2. The User independently decides on the duration of his/her stay on the territory of the Complex and the types of Services that the User wants to consume.

4.2.3. The total number of Users who can simultaneously be on the territory of the Complex is limited and is determined by the Operator unilaterally. When the maximum number of Users is on the territory of the Complex, the Operator has the right to temporarily refuse to visit the Complex to all other applicants.

4.3. Rules of conduct for Users on the territory of the Complex.

4.3.1. Users are obliged to treat each other with respect and not to interfere with the rest of other Users and the work of the Operator's employees. The User is obliged not to disturb the Operator's employees, as well as others by playing musical instruments, using audio and video equipment, intercoms, making noises of a non-musical nature, whistling, singing, or in any other way by Users (meaning without the Operator's consent). The Operator is not responsible for damage to electronic and other devices, devices and mechanisms belonging to Users on the territory of the Complex.

4.3.2. Any types of discrimination and disrespect due to differences in nationality, religion, age, social status or other characteristics are strictly prohibited on the territory of the Complex.

4.3.3. It is prohibited to conduct trade, advertising, commercial activities, as well as professional photography and videography on the territory of the Complex without the appropriate permission of the Operator.

4.3.4. The Operator has the exclusive right to publish photos and broadcast videos shot on the territory of the Complex. Users take photos and videos exclusively for private purposes. In this case, the User gives the Operator full and unconditional consent to the non-commercial public display, reproduction, and distribution of photos and videos on the Operator's official website and information and reference stands of the Complex.

4.3.5. The Operator reserves the right to take preventive measures, including, but not limited to: prohibiting Users who are under the influence of alcohol, drugs or other intoxication, or are mentally unstable from being on the territory of the Complex, as well as visitors who do not respond to the Operator's staff's remarks and do not comply with the terms of this Agreement and the Rules of Visiting, Conduct and Use of Individual Services, without explaining the reasons to the User, to call the police and/or security service regarding such Users in order to bring the latter's behavior into line with generally accepted standards or forcibly remove them from the territory of the Complex.

4.3.6. Users are prohibited from bringing food and drinks into the territory of the Complex (except for hotel rooms), and are also prohibited from eating and drinking in places not specifically designated for this purpose.

4.3.7. Users are prohibited from bringing firearms, gas, pneumatic and cold weapons, sharp objects, as well as explosive and flammable, toxic substances that have a strong and pungent odor into the territory of the Complex.

4.3.8. For the safety of visitors and to avoid damage to the Complex's property, Users undertake to move around the Complex on scooters, motorized scooters, roller skates and other means of transportation/wheeled vehicles only in areas permitted for such movement.

4.3.9. The User's stay with animals on the territory, in the premises of the Complex is prohibited, with the exception of the User's stay with a small and medium-sized dog (weighing up to 8 kg) on the territory of the Complex (in the premises - prohibited) exclusively on a leash, while such a User is obliged to monitor and independently clean up after his dog. Check-in of guests with pets to the hotel is carried out by prior agreement with the administrator. The hotel reserves the right to determine whether it is possible for this animal to stay in the room with its owner. For violation by the User of this clause of the Agreement, the Operator has the right to impose a fine of five hundred hryvnias on him, and the User, in turn, undertakes to pay it (the Operator also has the right to withhold this fine from the User, including from the funds due to be returned to the User).

4.3.10. Users are prohibited from entering technical, service, and production facilities on the territory of the Complex. Users who enter such facilities are fully responsible for any malfunctions and accidents that occur in this area.

4.3.11. Smoking and drinking alcoholic beverages are prohibited throughout the Complex, except in specially designated areas.

  • Rules of conduct on the Complex's sites.
    • The use of playgrounds and other equipment of the Complex is allowed to persons who meet the safety standards for each attraction or equipment separately. The standards, prohibitions and restrictions for Users are specified in this Agreement and on information stands near each playground separately in the form of instructions or rules, or terms of use. The Operator is not responsible for injury to the User in case of violation of general safety standards, recommendations of the Operator's staff and instructions / rules of use / terms of use of each attraction / playground or equipment separately.
    • At the slightest sign of illness or injury, the User should contact the Complex staff.
  • Visiting the Complex by minors.

On the territory of the Complex:

  • Adults are required to supervise and provide support to children, explain to children general safety standards and rules of conduct, rules for using certain Services in accordance with the Rules for Visiting, Conduct and Using Certain Services of the Complex, and monitor children's compliance with such rules, as adults bear full responsibility for children.
  • Children under the age of 16 (sixteen) are required to visit the Complex only when accompanied by adults. At the same time, independent (without the accompaniment of parents / legal representatives) settlement in the hotel is possible only upon reaching the age of 18 or acquiring full civil capacity.
  • The safety of minors is the responsibility of their parents or accompanying adults. Adults are prohibited from leaving minors unattended on the territory of the Complex.
  • Responsibility for injury and deterioration of the child's health in case of non-compliance with general safety standards, deliberate disregard of the recommendations of the Operator's staff, the Rules of Visiting, Conduct and Use of Individual Services of the Complex, lies with the adult accompanying the child. The Operator and its staff are not responsible in this case.

5. Rights and obligations of the Operator

5.1. The operator is obliged to:

5.1.1. Before starting to use a specific Service, place on information stands or in the Consumer Corner and on the Operator's official website the Rules for visiting, conducting and using individual Services of the Complex, and, at the User's request, additionally conduct a short oral briefing with the User, which excludes any ambiguous interpretation of this Agreement by the User.

5.1.2. Comply with the requirements of the current legislation of Ukraine regarding the protection of personal data of Users that the Operator received in the process of executing this Agreement.

5.2. Rights of the Operator

5.2.1. The Operator has the right to prevent the use of the Services, or to terminate the provision of Services to persons under the influence of alcohol, drugs, or in other cases, without explaining the reasons for the refusal to provide the Services, if, in the opinion of the Operator's employees, this person raises doubts about his ability to adequately understand and manage his actions and strictly comply with the terms of this Agreement, the relevant Rules of Visiting, Conduct, and Use of Individual Services of the Complex, without explaining the reasons to the User.

5.2.2. In case of gross or repeated violation of the terms of this Agreement, failure by the User to respond to the remarks of the Operator's employees, if the User's actions are aimed at endangering the health, property, honor or dignity of other Users, or the Operator's employees, the Operator has the right to terminate the provision of the Service or a set of Services to such User, block his illegal actions, and offer to leave the territory of the Complex. In case the User commits actions that are subject to signs of an administrative offense or a criminal offense, the Operator's employees in such case have the right to act in accordance with the requirements of the current legislation of Ukraine in relation to this User and call representatives of law enforcement agencies.

5.2.3. To unilaterally make changes to this Agreement with their prior publication on the Operator's official website.

5.2.4. In the event that the User is unable to make the final payment for the Services provided or for the losses incurred by the Operator, the Operator has the right to require the User to issue a legally binding promissory note confirming the specified debt and ensuring the fulfillment of the obligation made in writing, in accordance with the requirements of Articles 547 - 548 of the Civil Code of Ukraine.

6. Rights and obligations of the User

6.1. The user is obliged to:

6.1.1. Before paying for the Service or a set of Services, read the terms of this Agreement and unconditionally comply with the terms of this Agreement throughout the entire period of using the Services.

6.1.2. Make payment for the Service or set of Services. The User is obliged to make payment for the Service or set of Services of the Operator only in the manner provided for by the terms of this Agreement, or by agreement of the Parties in another manner provided for by the current legislation of Ukraine.

6.1.3. Before starting to use a specific Service, carefully read the relevant Rules for visiting, conducting and using individual Services of the Complex, or listen to the briefing.

6.1.4. When using the Services of the Complex, comply with the legal requirements of the Operator's employees and comply with the terms of this Agreement and the Rules of Visiting, Conduct and Using Individual Services of the Complex.

6.1.5. After the end of using the Services of the Complex, make a final payment for all Services provided by the Operator in full.

6.1.6. The User undertakes to independently enter (report) when registering for the Services of the Complex reliable personal data and information that are true and do not contradict the provisions of the Law of Ukraine No. 2297-VI dated 01.06.2010 "On Personal Data Protection" and the current legislation of Ukraine.

6.2. The User has the right:

6.2.1. Use all Services of the Complex in accordance with the terms of this Agreement.

7. Liability for breach of the Agreement

7.1. The Operator (its personnel) has the right to refuse to use the Services of the Complex to persons whose behavior interferes with the rest of other Users. The Operator's employees are authorized to take measures against Users who are in a state of alcoholic, narcotic or other intoxication, in a mentally unbalanced state, as well as against Users who do not respond to the Operator's employees' remarks, do not comply with the terms of this Agreement and the Rules of Visiting, Conduct and Using Individual Services of the Complex.

7.2. The Operator's personnel is authorized to apply measures in accordance with the terms of this Agreement and the current legislation of Ukraine in the event of the User committing an administrative offense or criminal offense.

7.3. Failure to comply with the Rules of Visiting, Conduct and Using Individual Services of the Complex set out in this Agreement, or an attempt to prevent other Users and employees of the Operator from fulfilling them and using the Operator's Services in accordance with the terms of this Agreement, is a basis and right for the Operator to require such User to immediately leave the territory or to forcibly remove the User from the territory of the Complex in case of his/her refusal to voluntarily leave the territory (except in cases where the User has committed an administrative offense or a criminal offense and is detained until the arrival of law enforcement agencies). Users who violate the terms of this Agreement may be denied the right to visit the Complex again.

7.4. The User is obliged to fully compensate for damage caused to other Users, the Operator and/or third parties.

7.5. In case of violation of the terms of this Agreement and the Rules of Visiting, Conduct and Use of Individual Services of the Complex, the User bears full material and personal liability in accordance with this Agreement and the current legislation of Ukraine.

7.6. In the event of loss or damage to the Complex's property due to the User's fault, he is obliged to fully compensate for the material damage caused.

7.7 The User bears other responsibilities stipulated by the terms of this Agreement and the current legislation of Ukraine.

7.8. The Operator is not liable for damage suffered by Users, including their children, as a result of an accident, injury and deterioration of health (including those caused by animals, plants, fungi), or anything else that arose due to negligence on the part of the User/Users and/or third parties, and/or as a result of failure to comply or improper compliance with the terms of this Agreement, the Rules of Visiting, Conduct and Use of Individual Services of the Complex and recommendations of the Operator's personnel, general safety rules.

7.9. The Operator is not responsible for the safety of Users' belongings, including their children's belongings, on the territory of the Complex and in hotel rooms.

8. Amendment and termination of the Agreement

8.1. The Operator has the right to unilaterally make changes to the Agreement, in accordance with the procedure provided for in clause 5.2.3. of this Agreement, which shall enter into force on the day following the specified publication, unless another date for the entry into force of the changes is additionally specified upon their publication.

8.2. If the Operator makes significant changes to the Agreement that affect the ability of the User to use the Complex Services, the Operator shall notify the User of them by publishing them on the Operator's official website no less than 1 (one) day before the changes come into force.

8.3. The Agreement may be terminated:

8.3.1. By the User unilaterally by refusing the Service or set of Services.

8.3.2. The Operator unilaterally without refunding the funds paid and not used by the User, in the event of a significant violation by the User of the terms of this Agreement and the rules of accommodation in the hotel, which leads to significant material losses, and also creates inconvenience for other residents.

8.3.3. The Operator unilaterally refunds the funds paid and not used by the User, provided that the Operator considers this User to be an undesirable person for visiting the Complex, without explaining the reasons to the User. An undesirable person is a guest included in the list of undesirable guests for gross violation of the silence regime and rules of residence in the hotel during a previous visit to the complex.

8.3.4. On other grounds provided for by the terms of this Agreement and the current legislation of Ukraine.

9. Procedure for reviewing complaints and resolving disputes

9.1. All disputes and disagreements that have arisen or may arise regarding this Agreement shall be resolved through negotiations.

9.2. After receiving a complaint from the User, the Operator is obliged, within 30 (thirty) calendar days, to consider and make a decision regarding the legality of satisfying the User's application and to notify him in writing of the final decision.

9.3. If the dispute that has arisen is not resolved through claims or negotiations, either Party has the right to apply to the court for resolution of the dispute in accordance with the current legislation of Ukraine.

10. Other provisions

10.1. The User guarantees that all the terms of this Agreement are clear to him and he accepts them unconditionally and in full. This Agreement is concluded by the User's acceptance of this public offer, which contains all the essential terms of the agreement, on the terms specified in clause 2.4. of this Agreement, without signing by the parties and without specifying the User's personal data.

10.2. In the event of situations not provided for by this Agreement, the Operator and the User undertake to be guided by the norms established by the current legislation of Ukraine.

10.3. The User agrees that his personal data, which became known to the Operator in connection with the conclusion of this Agreement, may be included in the Operator's personal data databases. By concluding this Agreement, the User gives his consent (permission) to the processing, collection, storage and provision, if necessary, to third parties directly involved in the processing of these data, as well as in other cases expressly provided for by law requiring the processing of personal data. By concluding this Agreement, the User confirms that he has been notified of his rights in accordance with Art. 8 of the Law of Ukraine No. 2297-VI dated 01.06.2010 "On the Protection of Personal Data". The User gives his unconditional consent to the Operator having the right to send the User advertising and informational messages in the form of SMS, e-mails and other forms of information transmission.

 

OPERATOR

LLC "CLUB RIVERWOOD"

 

Address: 19615, Cherkasy region,

village of Moshny, Nevsky St., 15

EDRPOU code 42978903,

TIN 429789023135

Bank details (UAH):

IBAN UA 273052990000026000041609032

Bank: JSC CB “PRIVATBANK”

MFO 305299

Tel.: 066 464 33 53

e-mail: reservation@riverwood.com.ua