Sole proprietor Kucherenko A.A. represented by director Oleg Olegovich Kucherenko, acting on the basis of an Extract from the Unified State Register, being a Travel Agent and owner of an online store located on the domain name www.atlanttour.com.ua, on the basis of agency agreements, guided by Art. Art. 901-907 of the Civil Code of Ukraine, Art. Art. 295-305
HC of Ukraine, art. Art. 18-24 of the Law of Ukraine “On Tourism”, “On Electronic Commerce”, other regulations governing relations in the field of tourism activities, hereinafter referred to as the “Contractor”, publishes a public offer agreement on remote tourist services for Tourists (hereinafter referred to as the Agreement).
The commission by any person (hereinafter referred to as the Tourist) of an action to order travel services using the Internet resource www.atlanttour.com.ua indicates that the said person accepts all the terms of this offer. Full and unconditional acceptance (acceptance) of this offer is the implementation by the Tourist of a payment in payment for the ordered tourist service.
Definition of terms
The terms used in this Agreement mean:
1.1. Website – open for free visual inspection, a publicly accessible resource owned by the Travel Agent and hosted on the Internet at www.atlanttour.com.ua, through which the selection and booking of a tourist product is ensured.
1.2. Offer Agreement is a contract for tourist services between the Travel Agent and the Tourist, which
laid down by accepting the offer.
1.3. Acceptance (conclusion / signing) of the offer – full and unconditional acceptance of the terms of the offer by performing actions by the Tourist expressing the intention to use the website of the Travel Agent to process its services.
1.4. Tour operators (hereinafter referred to as tour operators) are legal entities established in accordance with the legislation of Ukraine, for which the exclusive activity is the organization and provision of the creation of a tourist product, the sale and provision of tourist services, as well as intermediary activities for the provision of characteristic and related services and received a license in accordance with the procedure for tour operator activities.
1.5. Travel agents (hereinafter referred to as travel agents) are legal entities established in accordance with the legislation of Ukraine, as well as individuals – business entities engaged in intermediary activities for the sale of the tourist product of tour operators and travel services of other entities of tourism activities, as well as intermediary activities for the implementation of characteristic and related services.
1.6. Tourist – a person traveling in Ukraine or another country with a purpose not prohibited by the law of the host country for a period of 24 hours to one year without carrying out any paid activity and with the obligation to leave the country or place of stay within the specified period.
1.7. Agent (travel agent), Tour Operator, Tourist – hereinafter referred to as the Parties.
1.8. Tourist product – a complex of tourist services previously developed by the Tour Operator, combining at least two such services sold or offered for sale at a certain price, which includes transportation services, accommodation services and other tourism services not related to
transportation and accommodation (services for organizing visits to cultural, recreation and entertainment facilities, selling souvenirs, etc.).
1.9. Tour – a tourist trip (trip) on certain routes and terms, provided by the complex
tourist services ordered by the tourist (booking, accommodation, meals, transport services, recreation, excursions).
1.10. Documents for the tour – a tourist (information) voucher, travel documents, recommendations for tourists on behavior in the host country, insurance policy (medical and accidents), insurance conditions and rules of conduct for a tourist in case of insured events.
1.11. Voucher – a document of the form established by the Tour Operator, which provides the Tourist with accommodation in the specified hotel with a certain type of food and room type within a certain period of time.
1.12. Booking system – a specially designed system that provides the possibility of booking
tourist product (tourist services) provided by the Tour Operator in real time, with
using the Internet. The booking system transmits information via
tourist product (tourist services), namely: filing an application for booking, receiving
booking confirmation, invoicing for payment, receiving operational status information
ordered tourist product and documents for the tour in electronic form. Booking system
presented on the official website of the Tour Operator.
1.14. Booking confirmation – a document confirming the booking of a tourist product
(tourist service) indicating its cost, terms of payment and penalties for the tour, which is sent by the Tour Operator of the Travel Agent using the booking system.
1.15. Cancellation of a tourist product (tourist service) – in accordance with the terms of this Agreement, this is a refusal
Travel Agent from the booked tourist product (tourist service), as well as the right of the Tour Operator
refuse to provide the Travel Agent with the booked and confirmed tourist product (tourist services). Cancellation is made by sending the Travel Agent to the Tour Operator or the Tour Operator of the Travel Agent a written notice using the booking system. Refusal of the tourist product (tourist service) is the refusal of the Tourist from the booked tourist product (tourist service), as well as the right of the Tour Operator through the Travel Agent to refuse to provide the Tourist with the booked tourist product (tourist services) by sending a confirmation – cancellation using the booking system.
1.16. Special tours are tours that are defined by the Tour Operator as tours with special booking conditions and
payment for the tour, about which the Tour Operator informs the Travel Agent in the confirmation for the tour through the booking system.
1.17. Cash – funds that are not the property of the Travel Agent, received by the Travel Agent from the Tourist for the sale
Tours that are not fully payable to the Tour Operator.
1.18. Tourist service providers are companies that provide specific services that make up the tourist product (tourist services), namely: services for temporary accommodation (accommodation),
transportation, insurance, excursion and entertainment services.
1.19. Official website of the Tour Operator – the official web page of the Tour Operator, which hosts a variety of
operational information about the tourist product (tourist services) provided by the Tour Operator.
The information published on the official website of the Tour Operator may change and supplement the terms of this
Agreement. The date of entry of changes or additions into the information material of the Tour Operator is the date of posting
information on the official website of the Tour Operator.
1.20. Commercial exchange rate of the Tour Operator – the established exchange rate of the hryvnia against the US dollar or EURO
Tour Operator and published on the official website of the Tour Operator, and used by the Tour Operator when
the cost of a tourist product (tourist service) is determined.
1.21. An individual booking request is a tourism product (tourist service)
individual request of the Travel Agent, differs from the published package price posted on
the official website of the Tour Operator and confirmation of the booking of which requires additional contact with
Travel service providers.
1.22. The High season period is a period of increased demand for a tourist product, national holidays,
holding various events, such as conferences, concerts, sports competitions, etc., in the country
stays determined by providers of tourism products (tourist services), and
published on the official website of the Tour Operator.
1.23. Booking letter – a document confirming the order of the Tourist regarding the desired tourist
product and provides the Tour Operator (Travel Agent) with information about the complex of travel services ordered by him.
Subject of the Agreement
2.1. In accordance with this agreement, the TOUR OPERATOR undertakes, in accordance with the booking of the TRAVEL AGENT,
carried out by order of the TOURIST (Customer), to provide a range of tourist services (tourist)
product), provide information and consulting services, and the TOURIST undertakes, under the terms of this Agreement, to accept and pay for them.
2.2. Reservations are made by the TRAVEL AGENT in the TOUR OPERATOR’s booking system in accordance with the Tourist’s Booking letter, indicating all the necessary parameters required by the TOUR OPERATOR.
Rights and obligations of the parties
3.1. The TRAVEL AGENT has the right to:
3.1.1. Obtaining necessary documents and other personal data from the Tourist
are used by the Tour Operator for the purpose of booking a Tourist Product, conducting due diligence
preparation for its implementation, registration of travel and other documents necessary for the provision
3.1.2. Compensation by the Tourist of the damage caused to the Tour Operator by illegal actions.
3.1.3. When booking tours with special booking conditions, the Tour Operator has the right to demand from
Tourist through the Travel Agent subscription to the ordered tourist product in the form of an advance payment
before or after the receipt by the Travel Agent of the booking confirmation, payable within 1 banking day after booking. In case of cancellation of the booking request (refusal of tourist services), the funds paid on such an account will not be returned.
3.1.4. If the Tourist violates the terms of payment for the cost of the tourist product, the Tour Operator, through the Travel Agent, has the right to terminate this Agreement at any time after the expiration of the payment (subscription) period for the tourist product (tourist services), together with the collection of funds from the Tourist in the amount determined by the Tour Operator.
3.2. The TOUR OPERATOR through the TRAVEL AGENT is obliged:
3.2.1. Book travel services and provide travel services ordered by the Tourist in full, in quantity, quality and within the terms specified by the Agreement, subject to full payment of the cost of the tourist product by the Tourist within the terms established by this Agreement.
3.2.2. Prior to the conclusion of this Agreement, the Travel Agent is obliged to inform the Tourists about their rights and obligations, provide complete and reliable information about the organization of the Tour, insurance conditions, rules for crossing the state border, about the procedure and conditions for staying abroad, and also provide the Tourist with all the necessary information. according to Articles 19(1), 20 of the Law of Ukraine “On Tourism”, namely:
– basic requirements for registration of entry/exit documents (passport, permit (visa) for entry/exit)
countries of temporary residence), including the period of their registration;
– on the rules of entry into the country (place) of temporary residence and stay in it;
– medical warnings regarding the commission of a tourist trip by a tourist, in particular contraindications for certain diseases, age or physical disabilities of tourists, as well as the safety conditions of tourists in the country (place) of temporary stay;
– the amount of the financial security of the Tour Operator in case of its insolvency (bankruptcy) and the credit institution that provided such security;
– flight schedule, place and time of group gathering,
– characteristics of vehicles carrying out transportation, including their type and category, connection (messages) of flights, as well as other mandatory information provided for by the codes and rules of transportation (if the transportation is part of the tourist service);
– information about the minimum number of tourists in the group, the timing of informing the tourist that the tourist trip will not take place due to a shortage of the group;
– characteristics of hotels, other places of accommodation for tourists, including their location, classification according to the legislation of the country (place) of temporary stay, information on confirmation of the compliance of hotel services with established requirements, information on the rules of temporary residence, terms and procedure for paying for hotel services;
– types and methods of providing food during a tourist trip;
– information about the insurance company that insures the risks associated with the provision of tourist
service, the procedure for providing the Tour Operator with compulsory and / or voluntary insurance
tourists, the amount, procedure and conditions for the payment of insurance compensation, the rules for contacting representatives of the insurance company in the country of rest, as well as the possibility and conditions of voluntary insurance of expenses associated with the termination of the contract for tourist services at the initiative of the tourist, property insurance;
– about the customs of the local population, monuments of nature, history, culture and other objects of tourist display that are under special protection, the state of the natural environment, sanitary and epidemiological conditions;
– about the types and topics of excursion services, the order of meetings and seeing off, accompanying tourists, the date and time of the start and end of tourist services, its duration;
– on the price, rules for booking and cancellation, the procedure for paying for a tourist product (tourist services);
– conditions and consequences of cancellation of the tour by the tourist;
– the location of the person or organization authorized to receive claims from tourists, the procedure for filing complaints with the Tour Operator and the conditions for their consideration;
– other mandatory information provided for by the Law of Ukraine “On Tourism” and the Law of Ukraine “On Protection of Consumer Rights”;
– The travel agent is obliged to inform tourists that the tourist pays the consular fee for issuing visas to a country with a visa regime for crossing the border on the conditions specified on the official website of the Tour Operator.
3.2.3. Familiarize tourists with the terms of the insurance contract and related information posted on the website of the Tour Operator and / or on the website of the Insurance Company.
3.2.4. When paying the full cost of the tourist product by the Tourist, the Tour Operator is obliged to provide the Tourist through the Travel Agent with the necessary documents for the Tour, certifying the right of the Tourist to
receipt of tourist services, namely: travel documents (tickets), vouchers, insurance policies and other documents necessary to provide Tourists with a tourist product. The transfer of documents to the Tourist can be carried out at the airport of departure by the representative of the Tour Operator, the Travel Agent in the office or by e-mail by agreement of the Parties.
3.2.5. Inform the Tourist about changes in the conditions of the tour, its duration and program by telephone, by e-mail, immediately after it became known to the Travel Agent.
3.2.6. The Tour Operator has the right, in exceptional cases of impossibility to accommodate the Tourist, to change the reservations specified in the letter.
3.2.7. At the written request of the Tourist, provide the latter with confirmation of financial security in the form of
3.2.8. If it is impossible for the Tour Operator to fulfill the conditions set out in the booking letter, the Tourist
return all the money paid by him for the tourist product.
3.3. The tourist has the right to:
3.3.1. Obtaining the required and reliable information established by law, as well as information on the progress of the Tour Operator in fulfilling an order for a tourist product.
3.3.2. Obtaining information on whether the Tour Operator has a license for tour operator activities, a bank guarantee, and other necessary permits required in accordance with the current legislation of Ukraine.
3.3.3. Proper provision to tourists of a tourist product (tourist services) ordered and paid for in accordance with this agreement.
3.4. TOURIST (Customer) undertakes:
3.4.1. Familiarize yourself with the terms of this Agreement, observe and comply with them in full, accept
ordered services subject to their full payment.
3.4.2. Provide full information about the desired tourist route and state your requirements for it
3.4.3. Timely provide the Tour Operator through the Travel Agent with all the information and documents necessary for booking the Tourist Product and the documents of the Tourist and the persons who will travel with him, necessary to arrange the trip (tour) in the required number of copies. The mother has properly issued documents for leaving / entering the country of travel, documents are required for crossing borders by children under 18 years of age. Check the correctness of the documents issued by the Tour Operator, as the Tourist is fully responsible for the validity of the documents provided and information about the Tourist and persons traveling with him.
3.4.4. When booking services for foreign citizens, transfer a copy of the Ukrainian multiple-entry visa and a copy of the visa of the country of the tour of tourists of non-residents of Ukraine.
3.4.5. Ensure compliance with the legislation of the state of temporary residence, incl. customs, immigration, sanitary, fire and other rules, norms of conduct, public order, cultural and religious requirements, rules for using tourist services, rules for staying in hotels and other accommodation facilities, as well as reimburse the Tour Operator for damage caused by unlawful actions of Tourists, including cases of illegal immigration, visa violation, violation of air transport rules, etc.
3.4.6. Ensure that the Tourists comply with the requirements of the diplomatic institution (immigration service) regarding their personal visit for an interview or for another reason, if necessary, of which the Tour Operator informs the Tourist through the Travel Agent.
3.4.7. Compensate in a documented amount the damage caused to the Tour Operator by unlawful actions of tourists due to non-fulfillment or improper fulfillment of the terms of this Agreement, including, but not limited to, the removal of tourists from the flight, the imposition of a fine, due to improper execution of documents for crossing the state border of Ukraine, travel countries, problems
passage of border (passport), customs and other types of control by tourists at the airport
departure and arrival; due to violation of the rules of conduct, public order, laws in force in the territory of the country of temporary residence when the embassy and immigration service refuse to issue entry visas to the Tourist / or when the order is changed. The Tour Operator informs the Tourist about the specified damage through the Travel Agent using the booking system.
3.4.8. Pay the expenses actually incurred by the Tour Operator in case of cancellation of this Agreement before and after the start of the trip in accordance with the booking conditions specified in the booking letter.
3.4.9. Observe the time indicated in the documents for the tour, and the rules of personal safety during the trip, and arrive at the airport no later than 2.5 hours before departure.
3.4.10. While on the tour, follow the instructions of the guides of the host country and the messages posted at the hotel on the information boards regarding the time of departure (departure) of flights and the start time of check-in.
3.4.11. Pay the Tour Operator through the Travel Agent the cost of the ordered tour product within the period specified in clause 4.5. actual agreement.
3.4.12. If this Agreement is concluded one, two or three banking days before the start of the Tour, the Tourist
is obliged to pay the Tour Operator through the Travel Agent the full cost of the Tour Product on the day of the conclusion of this
3.4.13. Timely and in full pay for the use of additional services at places of residence and other places of stay during the trip, cover expenses or losses from your own funds,
caused as a result of illegal actions of the Tourist and / or persons traveling with him.
3.4.14. Pay the cost of an entry visa when passing through passport control, if the acquisition of a visa in
a simplified method is provided for by the legislation of the country into which the Tourist enters.
3.4.15. The Tourist undertakes to notify the Tour Operator in writing of the acceptance of the conditions for the alternative performance of the last travel services by approving a new booking letter. In this case, the previous booking letter signed with the Tourist loses its legal force. If the Tourist does not accept the conditions for the alternative fulfillment by the Tour Operator of the obligations assumed to provide the tour product or if it is impossible to provide alternative services by the Tour Operator, the cost of the services paid by him is returned to the Tourist.
3.4.16. Timely provide the Travel Agent with a package of tourist documents for issuing entry visas in accordance with
the terms specified on the website of the Tour Operator. If the Tourist has an appropriate entry visa, the Tourist must
inform about the availability in the booking letter. At the same time, responsibility for the validity of such information
is assigned to the Tourist and is equated with responsibility for the refusal of the booked services in accordance with the conditions of the reservation specified in the booking letter.
3.4.17. By signing this Agreement, the Tourist agrees to be insured by the Tour Operator for the period
a tourist trip on the terms of an insurance company – a partner of the Tour Operator. The tour operator provides the tourist with insurance when making a trip on the basis of an agreement with an insurance company in accordance with Article 16 of the Law of Ukraine “On Tourism”, which provides for mandatory (medical and accident) according to the rules of insurance companies.
3.4.18. In the event that a tourist product is purchased under this Agreement by one person in favor of other persons, such person (Customer), concluding this Agreement in favor of Buyers who also have the status of a Tourist, confirms and agrees by signing the Agreement that the Customer has concluded the Agreement on his own behalf and on behalf of the Purchasers and guarantees to the Tour Operator that it is endowed with the necessary powers to make transactions on behalf of and in the interests of the Recipients, is familiar with the terms of the Agreement and notified its terms.
3.4.19. In the event of an insured event, the Tourist must apply directly to the insurance
companies by phone numbers specified in the insurance policy-contract, and act in the manner prescribed by the terms of the insurance policy.
3.4.20. By signing this Agreement, the Tourist confirms and agrees to receive information from the Tour Operator to the phone number, e-mail, etc. provided by the Tourist in accordance with this
3.4.21. Be sure to check the flight number and schedule on your own the day before departure.
Tour booking procedure and payment procedure
4.1. The program of tourist services, the cost of the tourist product and other essential conditions are specified when booking the tour.
4.2. In the event of a change in the cost of travel services associated with an increase in prices for air tickets, a tourist product, fuel charges by the carrier airline, taxes, airport taxes and other services up to 5% of the cost stipulated by this Agreement, the Tour Operator has the right to issue an invoice for an additional payment payable within 2 banking days If the corresponding invoice is not paid within the specified period, this Agreement is terminated, and the previously paid payment is returned to the Tourist after the Travel Agent withholds the cost of services for the creation of a tourist product, equal to the amount of reimbursement of the Tour Operator’s expenses in connection with the termination of this Agreement.
4.3. The start of tourist services is the time of departure of an international flight. The CARRIER has the right to change the time of departure / arrival of the vehicle by no more than 24 hours, the Tour Operator is subject to all conditions and limitations of liability established by the Rules for the Air Transportation of Passengers and Baggage and other rules / acts in the field of transportation.
4.4. When signing this Agreement and filling out the booking letter, the Tourist makes an advance payment in the amount specified in the booking letter. After receiving confirmation for the Tourist product, the Tour Operator (Travel Agent) contacts the Tourist as agreed on the confirmation letter of the ordered Tourist product.
4.5. When booking a tour, payment must be made in accordance with the conditions posted on the official website of the Tour Operator or in accordance with the conditions specified in the booking confirmation.
4.6. All types of payments under this Agreement are made in the national currency of Ukraine – the hryvnia.
4.7. The parties agreed that on the date of full payment, the total cost of the tourist product (tourist service) may be changed depending on the change in the hryvnia exchange rate against the US dollar or Euro,
since the total cost of the tourist product (tourist service) is determined by multiplying the cost of services set by the Tour Operator by the internal fixed rate of the Tour Operator on the date of actual payment, in the event of an increase / decrease in the hryvnia against the US dollar or EURO, the cost of an unpaid or incompletely paid tourist product ( tourist services), increases/decreases proportionally, only within the terms stipulated by the terms of payment for the tour. The hryvnia exchange rate against the US dollar or EURO is determined by the date of the invoice issued by the Tour Operator of the Travel Agent. In case of violation of the terms of payment specified in the invoice, in the event of an increase in the commercial rate of the Tour Operator, the cost of an unpaid or incompletely paid tourist product (tourist service) increases proportionally.
4.8. In case of non-fulfillment (absence) of payment for a tourist product (tourist services) in accordance with the conditions
provided for in this Section, or within the specified time limits, the Tour is automatically canceled, and the damage of the Tour Operator
charged to the tourist.
4.9. Late and / or incomplete payment by the Tourist of the cost of the tourist product (tourist service) gives the Tour Operator the right to refuse to provide the tourist product (tourist services), even if the Tour has already been confirmed and / or the prepayment (payment) has been paid.
4.10. The tourist product (tourist services) must be paid in full before submission to
diplomatic representation (immigration service) of the state of the temporary document of the Tourists for issuing a visa.
4.11. Issuing a booking letter with new conditions is possible only with full reimbursement of expenses
Tour Operator related to the cancellation (refusal) of a previously confirmed tourist product (or its components), including the cost of services for review, processing and confirmation of this booking by the Tour Operator, which can be up to 10% of the cost of the tourist product (tourist services), of which the Tour Operator informs Travel agent.
Conditions for canceling a tourist product
5.1. The Tourist has the right to refuse to fulfill this Agreement before the start of the tourist trip, when the Tour Operator is reimbursed for the expenses actually incurred by him for the creation of a tourist product and ensuring the provision of the Tourist. The application for the refusal of the Tourist from tourist services in writing is accepted by the Travel Agent for execution from the date of receipt of such an application.
5.2. If the Tourist refuses to comply with this Agreement for any reason and / or if the embassy / consulate refuses to issue entry visas for the tourist, the Tourist undertakes to reimburse the Tour Operator for the costs incurred by the Tour Operator in connection with the organization of the tour in the following amounts. :
a) for countries with a visa-free regime and countries where a visa is issued upon arrival:
14 -8 days before the start of the tour 30% of the total cost of the tour
7 – 4 days before the start of the tour 50% of the total cost of the tour
3 or less days before the start of the tour 100% of the total cost of the tour
b) for countries with a visa regime:
21 – 15 days before the start of the tour 30% of the total cost of the tour
14 – 8 days before the start of the tour 50% of the total cost of the tour
7 or less days before the start of the tour 100% of the total cost of the tour
5.3. If the Tourist refuses the tour, which falls on the period defined by the partners as “high season”,
the expenses incurred by the Tour Operator are withheld in the amount not exceeding 100% of the cost of the ordered services, regardless of the date of booking;
5.4. Due to the different requirements of hotels, transport companies and other entities providing travel services, the costs of the Tour Operator for organizing the tour may differ from those indicated in clause 5.2. (these tours are defined by the Tour Operator as special). In this case, the Tour Operator’s expenses are reimbursed by the Tourist in accordance with the booking conditions published on the Tour Operator’s website, the booking confirmation or in the booking letter in an amount not exceeding 100% of the cost of the services ordered, regardless of the date of booking.
5.5. If the Tourist refuses from the tour or from air transportation, the issue of refunding funds for air transportation
resolved in accordance with the rules and tariffs of the airline. If the tourist product includes air tickets for regular flights or atypical charter flights, the Tourist applies the conditions for the sale and cancellation of such air tickets, as provided for by special air ticket fares for regular flights or special conditions of charter programs. Airfare for regular and charter flights may be non-refundable.
5.6. The non-appearance of tourists to the place of commencement of the provision of tourist services in due time is considered a rejection of the tourist product. In the event of non-appearance of the Tourists on the flight (no show) for any reason or in case of other obstacles to make a trip beyond the control of the Tour Operator, the Tour Operator shall be charged expenses incurred by the Tour Operator in an amount not exceeding 100% of the cost of the tour.
5.7. The Tour Operator under this agreement has the right to full reimbursement by the Tourist through the Travel Agent of the costs of
consideration and processing of an individual booking request in accordance with clause 5.2. or 5.3. or 5.4., 5.5., 5.6., but not less than 10% of the value of the tourist product (tourist services) for such a booking request.
5.8. The Tour Operator has the right to individually establish and adjust the amount of expenses for the organization of the tour, payable by the Tourist, depending on the sanctions provided by the partners of the Tour Operator in organizing the tour.
5.9. The traveler is informed and agrees that the terms of payment and cancellation of travel services may
differ from the standard conditions provided for by this Agreement, if the Tourist participates in the program
loyalty, if there is a purchase of a tourist product using a loyalty program that
supported by the Tour Operator (Travel Agent).
5.10. The Tour Operator has the right to refuse to fulfill the Agreement when refunding the funds paid to the Tourist, except when this happened through the fault of the Tourist. Refusal to fulfill the Agreement by the Tour Operator before the start of the sale of the tourist product cannot be the basis for the Tourist to file a claim for compensation for moral damage.
5.11. In case of non-fulfillment of the terms of this Agreement by the Tour Operator, the Tourist has the right to demand the return of paid funds for services not rendered in a documented amount, respectively.
5.12. In the event that a consular office or other authorized body of the state of destination of the Tourist decides to refuse to issue an entry visa to him for any reason, the consular fee to the Tourist is not
returned, and such an event is considered a cancellation of the booked travel services, resulting in
the conditions provided for in clause 5.2 apply. or 5.3. or 5.4., 5.5., 5.6., 5.7. actual agreement.
5.13. In case of early termination by the Tourist of the period of stay on the tour and / or non-use
ordered services for any reason, the Tour Operator is not responsible for such actions of the Tourist and does not return the money paid by the Tourist for the tourist product. In connection with the cancellation of the trip after it has begun, the funds are retained by the partners of the Tour Operator in organizing the tour.
5.14. In case of termination of the Agreement with the Tourist due to the occurrence of a temporary
stay in situations associated with a threat to the safety of tourists, such as: epidemics, terrorist acts, natural disasters and other similar circumstances not officially recognized as force majeure, the Tourist compensates the Tour Operator for damage in the amount of the cost of services for processing the Order, as well as the costs of paying penalties partner companies, if they were issued to the Tour Operator.
5.15. If the Tourist cancels the tour, regardless of the date of cancellation, the cost of air tickets for charter and regular flights is sold at the carrier’s tariffs that do not provide for the possibility of a refund (“No
Refund”), may be charged up to 100% of the ticket price.
5.16. Change of names and / or surnames of tourists, tour dates, hotels, room type and other changes in the booked tour at the initiative or fault of the Tourist is considered a refusal of the tourist product. In this case, the expenses incurred by the Tour Operator are deducted from the Tourist.
5.17. Information on the amount of penalties for canceling the tour is posted on the official website of the Tour Operator, with which the Travel Agent acquaints the Tourist. The signing of this agreement confirms the consent of the Tourist with the amount of penalties for canceling the booked tour.
Responsibility of the Parties
6.1. The Parties are responsible for non-fulfillment and/or improper fulfillment of obligations under this Agreement in accordance with the terms of the Agreement and the current legislation of Ukraine.
6.2. The tour operator is not responsible for the cancellation of a flight or a change in the time of departure / arrival of a flight, the destination of flights and related changes in the tour program, changes in the volume and timing of the provision of tourist services. At the same time, the Tour Operator is subject to all conditions and limitations of liability established by the Rules for the Air Transportation of Passengers and Baggage, the Rules of the Actual Carrier and other regulations in the field of transportation. The departure/arrival time of the flight may change by no more than 24 hours, which the Tour Operator informs the Tourist through the Travel Agent.
6.3. The Tour Operator is not responsible and does not reimburse the Tourist’s expenses for paid services that the Tourist did not use during the service period for reasons beyond the control of the Tour Operator. The Tourist is not reimbursed for expenses that go beyond the limits of the services specified in this Agreement. The tour operator does not
liability in case of failure to provide services to the Tourist and / or untimely return of tourists to Ukraine, if this is due to a violation of the last terms of this Agreement and / or other illegal actions.
6.4. In case of violation by the Tourist of the requirements of the customs service, in case of violation of the rules for crossing the State Border and the country of residence of the Tourist, in case of non-departure of the Tourist as a result of incorrectly issued foreign passports of the Tourists (expired date, the child is not entered or his photograph is not pasted), as well as in the absence of the necessary notarial permits and other documents causing the non-arrival of the Tourist at the place, the Travel Agent undertakes to compensate the Tour Operator for the damage incurred.
6.5. In case of violation by the Tourists of the current rules of travel, registration or baggage transportation, damage to the property of the transport company or violation of the rules of staying at the hotel or non-compliance with the laws of the host country, fines are levied from the guilty person in the amounts provided for by the relevant rules and regulations of the transport company, hotel, host country . The tour operator is not responsible in this case.
6.6. The Tour Operator is not responsible for the safety of the Tourist’s luggage, including the safety of personal belongings and documents, other property of the Tourist during the entire period of the tour.
6.7. The Tour Operator is not responsible for untimely arrival of the Tourist at the airport, places of departure, registration of Tourists, etc.
6.8. The Tour Operator is not responsible for the non-compliance of tourist services with unjustified expectations, subjective assessment and excessive expectations of the Tourist. The tour operator does not accept claims based on the specified criteria.
6.9. The subjective perception and assessment by the Tourist of the quality of services of the host party is not considered improper performance of this Agreement. The tour operator is not responsible for circumstances that he cannot directly influence, such as, for example: impolite attitude of the host staff, technical problems in external or internal networks, breakdowns in electrical appliances of the room, weather conditions, decision-making by the host administration, local authorities self-government, authorities on the implementation of capital reconstruction in the territory of the accommodation facility or in neighboring territories and other circumstances. Services are provided in accordance with the requirements, standards and legislation of the host Party.
6.10. The Tour Operator is not responsible for the expenses of the Tourist related to the occurrence of an insured event. In the event of an insured event, the Tourist submits claims for expenses to the insurance company specified in the insurance policy. The tourist has the right, at his own discretion, to insure additional risks that may lead to disruption, early return from the trip, etc., and demand appropriate compensation from insurance companies. If the Tourist negligently treats the possibility of risk insurance and compensation in the event of an insured event, the Tour Operator does not bear any responsibility for such decisions or inaction of the Tourist.
The tour operator is not responsible for the quality of medical services, the consequences of treatment. The tour operator does not
responsibility for the actions and decisions of doctors (staff) of medical institutions in relation to the Tourist.
6.11. In case of simultaneous occurrence of such circumstances as: absence of cancellation of the Tourist; lack of payment by a tourist for a tourist product (tourist service); non-appearance of a tourist for a flight – a fine of 100 (one hundred) percent of the total cost of the tourist product (tourist service) is imposed on the Tourist, and in case of non-payment of the tourist product (tourist service), the fine is the cost of the Booked Tourist Product confirmed by the Tour Operator, but was not used due to the Tourist.
6.12. The tour operator is not responsible for the refusal of the embassy (consulate) of a foreign state to issue visas to the Tourist along the route of the tourist product. In the event that the Tourist has refused to issue entry visas by the embassy or immigration service, the consular fee is not returned to the Tourist. The tourist has the right to insure losses caused by the refusal of the consulate (embassy) to open a visa.
6.13. In case of non-compliance by the Tourist with the tour program, the Tour Operator is not responsible for the fulfillment of the terms of this Agreement.
6.14. At the request of the Tourist, the Tour Operator may undertake to provide services for the preparation and submission to the diplomatic mission (immigration service) of the state of temporary residence of a package of documents necessary to consider the issue of issuing a visa. To do this, the Tourist, through the Travel Agent, no later than the period specified by the Tour Operator, provides the latter with documents and information, the list of which is determined by the Tour Operator in accordance with the announced rules of the diplomatic institution (immigration service), as well as funds to pay the consular fee. The tour operator is not responsible for the timing and results of the consideration of documents and / or for the decision of the immigration service not to allow tourists to enter the territory of the state of temporary residence, despite the presence of visas.
6.15. In the case specified in Part 11 of Art. 20 of the Law of Ukraine “On Tourism” the Tour Operator pays the Tourist
compensation in the amount of 500 UAH.
6.16. The tourist is solely responsible for the accuracy of the information provided about himself and the persons traveling with him, for the validity and validity of the documents provided by him.
6.17. Material damage and non-pecuniary damage of tourists resulting from the conclusion by them / in their favor
of this Agreement are assigned to the Tourist (Customer).
6.18. The Travel Agent compensates in accordance with the established procedure for losses caused to the Tourist, other persons and the environment, arising from improper obligations under this Agreement, the agency agreement between the Travel Agent and the Tour Operator.
Settlement of disputes
7.1. All disputes that may arise during the implementation of this Agreement, the Parties undertake to resolve through negotiations, and in case of failure to reach an agreement – in accordance with the current legislation of Ukraine.
7.2. In the event of claims regarding the quality of service, facts of non-provision or improper provision
Tourist services The tourist undertakes to immediately contact the guide and / or representative of the host country when they are in the host country for their prompt elimination. If the claim is not resolved, the Tourist prepares a written claim with documented facts of violation of the terms of the Agreement, it must be signed by the guide and / or representative of the host. The Tourist submits a written claim to the Tour Operator through the Travel Agent within fourteen days after the end of the tour with detailed information about the conditions for purchasing the tour, the provision of tourist services, added documents and the Tourist’s contact details. Within 30 days, the Tour Operator gives a reasoned response to the Tourist’s claim.
7.3. Complaints about the quality of tourist services must be sent to the Tour Operator through
Travel Agent in writing within fourteen days from the end of the tour with detailed information about the conditions for purchasing the tour, the provision of travel services, added documents and the Tourist’s contact phone number.
7.4. The Tour Operator does not accept claims and is not liable for claims related to the negative consequences of the consumed services that are not the subject of this Agreement or regarding the discrepancy between the level of consumed services and the subjective expectations of the Tourists.
8.1. By signing this Agreement, the Tourist consents to the processing of his personal data and personal data
data of other persons indicated by the Tourist in the booking letter on his behalf and on behalf of the Tour Operator in order to ensure the provision of the tourist product in the amount necessary to achieve the specified goal, and also confirms his awareness of the rights defined in Art. 8 of the Law of Ukraine “On the Protection of Personal Data”. The tourist provides the Tour Operator and the Travel Agent with the right to determine the scope of processing of personal data. The inclusion of the personal data of the Tourist in the personal data base of the Travel Agent is carried out at the time of the conclusion of this Agreement. By signing this Agreement, the Tourist confirms his awareness of such inclusion, his rights defined in the Law of Ukraine “On the Protection of Personal Data”, the purpose of collecting data and the persons to whom his personal data is transferred. The Tourist confirms and guarantees that he has all the necessary legal grounds for transferring the above personal data to the Tour Operator and Travel Agent for their further processing in order to organize and provide the Tourist with any tourist services, without limitation in time and manner, incl. for their use and distribution, modification, transfer or provision of access to them to third parties in cases provided for by the current legislation of Ukraine, as well as for the transfer by the Tour Operator and the Travel Agent of personal data for processing to third parties and performing any other actions with respect to them, if this is related to protection of the rights of the Tour Operator and the Travel Agent behind them, or if it is necessary for the implementation by the Tour Operator and the Travel Agent of the rights and obligations provided for by law.
8.2. The parties agreed that information about the tourist product (tourist service), booking conditions, cancellation and other information posted on the official website of the Tour Operator is legally binding and is an integral part of this Agreement.
8.3. When providing information about the category of the hotel, the Tour Operator is guided by the classification of hotels, which is given by the hotel administration and / or partner travel companies that provide services to tourists in the country of temporary residence. The classification of hotels is formed by each partner company, based on the standards of its business practice, and may not coincide with the category (number of stars) determined by the official bodies or the hotel administration. Due to significant differences in the practice of regulatory regulation of standardization and certification of hotels in different foreign countries, official documents confirming the certification of services, etc., can be provided to tourists only if such documents are available from the partner company.
8.4. The invalidity of one or more terms of this Agreement does not entail the invalidity of the Agreement as a whole.
8.5. This Agreement is published on the website www.atlanttour.com.ua and is accepted (signed/concluded) by making an appropriate mark in the process of booking the tour on the website of the Travel Agent.
8.6. Accommodation of the Tourist in the hotel room of the host country and check-out of the room is carried out in accordance with
estimated time provided by the hotel administration in local time. The tour operator does not
liability for violation by the tourist of the estimated time at the hotel.
8.9. Changes and additions to this Agreement are made with the consent of both parties, which is formalized by the Supplementary Agreement.
8.10. The contract comes into force from the moment of its signing and is valid until the expiration of the Tour. The tourist (Customer), on his own behalf and on behalf of travelers, declares: information on the organization of a tourist trip, his rights, obligations, safety rules and insurance conditions, the procedure for compensating for damages and paying for actually incurred expenses, conditions for refusing services, rules for crossing the state border , as well as objective information about the host country, the customs of the local population, information about the sanitary and epidemiological conditions of the countries of temporary residence, behavior in public places and places associated with religious rites, information in accordance with Art. Art. 19.1. and 20 of the Law of Ukraine “On Tourism” received.
With the terms of the public offer agreement for tourist services, incl. with the program of the tour, the sight of the tourist are familiarized and agree. I have also been informed that I can insure the costs associated with the cancellation of this Agreement.
Name: FOP Kucherenko Oleg Olegovich
Address: 45001, Kovel blvd. L.Ukrainki 18 shopping center “Boulevard” 2nd floor
Tel.: 093 691 85 28, 096 062 03 29
Account No. UA40630529900000260080168022
Director: Kucherenko A.A.