PUBLIC AGREEMENT (OFFER)

on the provision of leisure organization services

This Public Agreement (offer) (hereinafter referred to as the Agreement, Offer), is an official public proposal of the Provider to an unlimited circle of consumers to conclude an Agreement on the provision of leisure organization services (hereinafter – Services), via the Provider’s website located on the Internet at: https://www.romantic.ua,   in accordance with Arts. 6, 633, 634, 638, 641, 642 of the Civil Code of Ukraine, the unconditional acceptance of the terms of which is considered the Acceptance of this Agreement.

The Agreement is concluded between You, the user of the site https://www.romantic.ua, (hereinafter – “Client”), and Physical Person-Entrepreneur  Pysarenko Anastasiia Valeriivna (RNOKPP 3268316621); postal address: Kyiv, 18 Tarasivska St. office12) (hereinafter – “Provider”), within the framework and on the terms defined in this Public Agreement.

1. Definitions in the Agreement

1.1. Provider – Physical Person-Entrepreneur Pysarenko Anastasiia Valeriivna who is duly registered in accordance with the legislation of Ukraine and undertakes to provide Services to the Client in accordance with the terms of this Agreement.

1.2. Acceptance – full, unconditional, and unreserved acceptance by the Client of the terms of the Agreement; the moment of Acceptance is considered to be the aggregate of actions or one of the following actions:

1.2.1. payment, including partial payment, for the services by the Client;

1.2.2. filling out the special “Order” form on the website https://www.romantic.ua, where the Client indicates their contact details for further communication and ordering services from the Provider.

1.3. Client – the consumer of the Services who has Accepted this Offer.

1.4. Web-Site (Internet resource) – a set of software and hardware with a unique address on the Internet, namely https://www.romantic.ua, together with information resources that are at the disposal of the Provider and ensure access for legal entities and individuals to these information resources and other information services via the Internet.

1.5. Leisure Organization Services (hereinafter – Services) – services provided by the Provider under this Agreement. The list of services includes those directly provided on the Provider’s Website and Additional Services provided by the Provider subject to prior agreement with the Provider and full payment for them.

1.6. Provider’s Partner – a legal entity, physical person-entrepreneur, or physical person who, under separate agreements between the Provider’s Partner and the Provider, provides part of the Services to the Client.

1.7. Service Recipient – any legal entity, physical person-entrepreneur, or physical person in whose interests the services were ordered by the Client from the Provider.

2. General Provisions

2.1. This Agreement is concluded between the Provider and the Client. The Client agrees to pay the cost of the Services in the manner and on the terms established by the Agreement and to comply with all terms of the Agreement.

The fact of joining the Agreement is confirmed by the Client’s payment for the ordered leisure organization services by one of the methods proposed by the Provider.

The Agreement concluded by the Client by accepting this public offer has legal force in accordance with Art. 642 of the Civil Code of Ukraine and is equivalent to a contract signed between FOP Pysarenko Anastasiia Valeriivna and the Client.

2.2. By choosing a Service and clicking the “Order” button, the Client provides their personal data to the Provider.

2.2.1. The provision of personal data means that the Client has read the terms of this Agreement. Ordering and providing personal data is also possible by means of telephone communication, e-mail, using messengers available to the Provider, or during a personal meeting with the Provider or the Provider’s Representative.

2.2.2. The Client undertakes to provide complete and accurate information about themselves, and also confirms their agreement with the terms of this Agreement and undertakes to fulfill them in good faith.

2.3. Clients and other Users (persons who in any way use the information of the website) of the website https://www.romantic.ua accept and undertake to comply with the Website Terms of Use.

2.4. By providing their personal data, the Client consents to their processing in accordance with the current legislation of Ukraine and also consents to receive information (newsletters) from the Provider via e-mail or SMS messages to the phone number specified when placing the order. Responsibility for the collection and storage of data specified in this clause lies with the Provider.

2.4.1. The Provider takes all measures necessary to protect the Client’s personal data from illegal processing, including from illegal access to personal data, their accidental loss or destruction.

2.4.2. The Provider grants access to the Client’s personal data only to those of its employees and partners who need this information for the proper provision of leisure organization services to the Client.

3. Procedure and Scope of Services

3.1. After selecting the Service, the client makes a payment or partial payment for such Services.

By making a payment or partial payment for the Service, the Client fully Accepts this Offer, which means full, unreserved, unconditional acceptance of the terms of the Offer, from the moment of payment to the Provider’s account or from the moment of actual transfer of funds to the Provider or the Provider’s representative.

3.2. By Accepting this Offer, the Client confirms that they have been provided with full, accessible, and reliable information regarding the provision of the Services selected by them and their cost.

3.3. In case of partial payment for the Services, the Client undertakes to pay the full cost of the Services no later than on the day of receiving such Services. The deadline for payment is the moment of provision of the Services or 30 minutes after the end of the provision of the Services.

In case of non-payment of funds in accordance with this clause of the Agreement, the Provider has the right to stop the provision of Services. In such a case, the services will be considered rendered in full.

3.4. In the event that the Client places an order for the provision of Services to another person (hereinafter – “Service Recipient”), the Client understands and agrees that the Service Recipient may refuse to consume the Service selected by the Client. In such a case, the Services shall be considered rendered in full, and the funds paid for such a Service are not refundable.

3.5. The procedure for providing Services is determined by this Agreement and other agreements between the Parties, by means of telephone communication, e-mail, using messengers available to the Provider, or during a personal meeting with the Provider or the Provider’s Representative.

3.6. The scope of services is determined by the Client’s Order and the amount of funds paid for the services.

The Order is made and confirmed through correspondence using messengers, e-mail, by telephone, or on the Provider’s website, on the terms provided for in clause 2.2.1. of this Agreement.

3.6.1. The Client has the right to increase the volume of Services before or during the receipt of already paid and agreed services only if the Provider has the ability to provide such additional services and the Client has paid the full cost for increasing the volume of Services.

3.7. The volume of agreed services can be determined by the concept of a certain type of leisure organization agreed with the Provider. The final content of the Service, the place, and date of provision of the Service will be established by agreement with the Provider.

3.8. In the case the Client orders photo and video recording of the provision of Services, the finished photo materials are transferred to the Client within 30 calendar days from the moment of provision of the Services, and finished video materials are transferred to the Client within 60 calendar days from the moment of provision of the Services. This period may be increased by the Provider in the event of circumstances beyond the Provider’s control. The Provider shall notify the Client of such a change in terms in any convenient way.

3.9. The Client partially pays for the selected and agreed Services in the amount determined by the Provider, but not less than 50% of the full cost of the Service at the time of placing the order; payment of a larger amount may be determined by the Provider and depends on the volume of selected Services.

3.9.1. The Client understands and agrees that partial payment of the cost of Services is not considered a deposit (earnest money) or an advance payment within the meaning of the current legislation of Ukraine and agrees that partial payment of the cost of services will be used by the Provider to organize the provision of Services (booking the place for providing Services, payment to the Provider’s Partners for organizing the provision of Services, etc.) and is not refundable in case of unilateral refusal of the Client from the Agreement, from a certain Service or part of the Service.

In the event that the Client ordered and made a partial payment for the cost of the Services, the funds for such a Service are not refundable in the event of a change in the order by the Client. New ordered services are paid by the Client on a general basis; transfer of payments from one Service to another is not allowed.

3.10. In the event that the Provider does not have the opportunity to provide the Services in full due to the influence of circumstances beyond the Provider’s control (weather conditions, natural disasters, mass riots, actions of third parties, etc.), then by agreement of the Parties, the following is possible:

• change of the time of provision of Services;
• change of the place of provision of Services.

3.11. In case of disagreement with this Agreement, the Client has the right to send a protocol of disagreements to this Agreement to the Provider before the Acceptance. If such changes are deemed appropriate by the Provider, the Agreement will be accepted taking into account the conditions of the protocol of disagreements. In case of the Provider’s refusal to accept the changes, the Agreement will act in the version posted on the Provider’s Website.

4. Rights and Obligations of the Parties

4.1. The Client has the right to:

4.1.1. Order additional services subject to additional payment;

4.1.2. Demand from the Provider the fulfillment of their duties under the Agreement;

4.1.3. To pre-trial and maximally full settlement of disputes that may arise during the execution of the Agreement, and a guarantee of taking all possible pre-trial measures to resolve violated interests;

4.1.4. Return the funds paid under the Agreement only in the manner and on the terms determined by the current legislation of Ukraine;

4.1.5. To the production and receipt of a paper copy of this Agreement.

4.2. The Client undertakes to:

4.2.1. Pay the cost of the selected Services in advance and in full;

4.2.2. Provide accurate data requested by the Provider and necessary for the Provider for the high-quality provision of Services;

4.2.3. Independently bear responsibility for damage caused to the property of the Provider or third parties;

4.2.4. Comply with this Agreement and all agreements with the Provider;

4.2.5. Not disclose information regarding the Provider’s economic activity;

4.2.6. Not take actions that may cause harm to themselves, other persons, the Service Recipient, or the property of the Provider or third parties;

4.2.7. Comply with generally recognized safety rules, fire safety rules, rules of stay in the premises, and other rules established by the Provider, the Provider’s Partner, or the owner of the premises or inventory.

4.3. The Provider has the right to:

4.3.1. Require the Client to pay the cost of the Services;

4.3.2. Receive from the Client all necessary information for the provision of Services; (Failure by the Client to provide all information or provision of false information may affect the quality of service provision. In such a case, the Provider is released from responsibility for possible consequences);

4.3.3. At its own discretion, refuse to conclude the Agreement with the Client or initiate the termination of the provision of Services regardless of the stage of execution of the Agreement;

4.3.4. In the existence of circumstances that exist beyond the will of the Parties, or other circumstances independent of the will of the Provider, stop the provision of Services or reschedule the provision of Services to another date or time or to another place;

4.3.5. Change the terms of the Agreement by posting a new version of the Agreement on the Provider’s website.

4.4. The Provider is obliged to:

4.4.1. Provide the Client with paid services in accordance with this Agreement in the order and manner determined by the agreements of the Parties;

4.4.2. Post the current version of the Offer and the Agreement on the Provider’s Website.

4.5. Information regarding the Services posted on the Provider’s website is indicative and may be changed by the Provider. For complete information regarding the Services, the Client should contact the Provider or their representatives.

4.6. The Client understands and agrees that the premises where the Services are provided and the inventory do not belong to the Provider, but to the Provider’s Partners. Such premises and inventory are booked by the Provider only for the period previously agreed with the Client. Delay by the Client in returning the premises or inventory beyond the established time constitutes an additional service and may be subject to additional payment.

4.7. The Client understands and agrees that a delay in the agreed start of the provision of Services, due to a delay by the Client or the Service Recipient, regardless of the reasons for such delay, results in the provision of Services in an incomplete volume or is subject to additional payment by the Client. Failure to receive the Services by the Client or the Service Recipient, regardless of the grounds for such non-receipt, means that the Services are provided by the Provider in full and are subject to full payment.

4.8. Failure to receive the Services by the Client or the Service Recipient due to their early termination on the initiative of the Client or the Service Recipient, regardless of the reasons for such termination, means that the Services are provided by the Provider in full and are subject to full payment.

5. Force Majeure Circumstances

5.1. The Parties do not bear any responsibility for non-performance or improper performance of the terms of this Agreement if such non-performance or improper performance is a consequence of the action of circumstances existing beyond the will of the Parties.

5.2. The Parties agreed that circumstances existing beyond the will of the Parties, among other things, include: threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, actions of a public enemy, disturbances, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, mutiny, insurrection, mass riots, imposition of a curfew, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, illegal actions of third parties, explosion, prolonged interruptions in transport operation regulated by the conditions of relevant decisions and acts of state authorities, closure of sea straits, embargo, prohibition (restriction) of export/import etc., as well as those caused by exceptional weather conditions and natural disasters, namely: epidemic, strong storm, cyclone, hurricane, tornado, gale, flood, snow accumulation, glaze ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide of soil, other natural disasters etc.; fires in buildings (or parts thereof) where the provision of Services was planned; decisions of state bodies that hinder or make it impossible for the Provider to fulfill its obligations under the Agreement and/or which significantly worsen the position of the Provider compared to the terms of this Agreement, and/or which, in the opinion of the Provider, cause the Client a significant negative impact for the execution of this Agreement; situations that significantly affect the possibility or impossibility of the Provider to fulfill the obligations assumed under the Agreement.

5.2. The Parties are aware that such circumstances make the process of providing Services impossible and are not grounds for terminating the Agreement.

5.3. The Parties agreed that the existence of quarantine and quarantine restrictions under this Agreement cannot be applied and is not perceived by the Parties as a force majeure circumstance, based on the fact that this Agreement was concluded and signed during its validity; based on this, the Parties are fully aware of all possible consequences of the action of quarantine and quarantine restrictions.

6. Other Conditions

6.1. If at the time of concluding the Agreement the Provider was conducting promotions, the Client confirms that they were fully informed about their conditions and agrees that the procedure for providing Services may differ from the general ones provided for by this Agreement and will be fixed in the rules for conducting promotions.

6.2. By this Agreement, the Provider warns, and the Client realizes, that locations for the provision of Services have a certain permissible number of places, exceeding which will lead to the creation of inconveniences during the receipt of Services.

6.3.1. Since any excess of the permissible number of visitors to the location can establish a restriction on the provision of Services in a specific location on a specific date, such a restriction cannot be regarded as the Provider’s own initiative for which the Provider should bear responsibility, but only indicates the increased popularity of such a type of Service.

6.4. The Client realizes and accepts the fact that this Agreement is subject to correction, change, and adoption in a new version. In particular, but not exclusively, the Provider has the right to introduce new types of Services, expand, replace, and improve the complex of Services posted on the Provider’s website.

6.4.1. The Client agrees that such changes are implemented unilaterally by posting a new Version on the Provider’s Website. The new version of the Agreement and Offer comes into force from the moment the Agreement and Offer are posted on the Provider’s website. The Client has free access to all electronic documents regulating the activities of the Parties.

6.5. The Client agrees that the personal data provided by them, which are indicated in the requisites of the Agreement, are necessary for the identification of the latter and are a voluntary expression of the Client’s will regarding permission to process their personal data and their use within the framework of the current legislation of Ukraine.

6.6. By concluding this Agreement, the Client gives their consent to photo, film, television, and video shooting that does not contradict the current legislation of Ukraine. The Provider may freely carry out photo, film, television, and video shooting regardless of whether the Client ordered such a service. The Client understands and agrees that such photo, film, television, and video shooting is carried out openly and is part of events of a public nature. Personal property and personal non-property rights to the materials of such shooting arise for the Provider. 

6.7. By concluding this Agreement, the Client gives their consent to periodically receive information, in particular, but not exclusively, regarding activities and promotions conducted by the Provider, by receiving messages by telephone, facsimile, electronic communication, or in another way permitted or not prohibited by the current legislation of Ukraine.

6.8. Any disputes arising from the terms of this Agreement shall be resolved through negotiations. In case of impossibility to resolve the dispute through negotiations, the dispute is referred to the court in accordance with the current legislation of Ukraine.

6.9. The Provider may at any time make changes to the assortment of leisure organization services, as well as to the prices for such Services and information about them on the website; information about the Services confirmed by the Provider and/or an authorized person of the Provider in the manner provided for in clause 4.5. of this Agreement is considered reliable.

6.10. The Provider does not guarantee absolute uninterrupted or error-free operation of the website and undertakes to make all reasonable efforts and measures to prevent this and eliminate problems that have arisen.