Individual Entrepreneur Feldman Lidiia Serhiivna, Tax ID 3218009362, address: Ukraine, Dnipropetrovsk region, Nikopol district, Nikopol, Shevchenka St. 154, apt. 27, acting on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and NGOs (hereinafter – the Contractor), and a natural person who has applied to the Contractor for services in the field of passenger transportation (hereinafter – the Customer), hereinafter together as the Parties, and each separately as a Party, have concluded this Public Agreement on the provision of services in the field of passenger transportation (hereinafter – the Agreement) as follows.
1. Terms and Definitions
1.1. "Public Offer Agreement" – a public agreement, a sample of which is posted on the Website https://momenticket.com.
1.2. Website – the Contractor's site, namely a collection of web pages available on the Internet under the domain name https://momenticket.com.
1.3. "Site Services" – functional features of the site for use by Customers.
1.4. "Acceptance" – the provision by the Customer of full and unconditional consent to the conclusion of this Agreement in full, without signing a written copy of the Agreement by the Parties.
1.5. "Services" – One or more agency services in the field of passenger transportation, insurance, tourist services provided by the Contractor, and specified in the relevant section of the Contractor's Website.
1.6. "Customer" – any capable natural or legal person, individual entrepreneur, who has visited the Website and accepted this Agreement.
2. Subject of the Agreement
2.1. The Contractor – individual entrepreneur Feldman Lidiia Serhiivna, in accordance with the order and on the terms defined by this Agreement, undertakes to provide the Customer with agency services in the field of passenger transportation, insurance, and tourism services, provided for by the price list posted on the website, based on an oral or written request from the Customer, and the Customer undertakes to accept and pay for the provided services.
2.2. Services under this agreement include:
- Agency services in the field of passenger transportation (bus, rail, air, sea): services for finding a suitable carrier, in accordance with the date, time, and direction chosen by the Customer, forming connections between different carriers, concluding a transportation agreement (by selling/purchasing a Ticket), issuing tickets of various carriers in one order, seat booking, ticket booking by phone, ticket re-issuance, searching for an optimal schedule at the Customer's request, user service, additional services upon the Customer's request.
- Agency services in the field of insurance: information and consulting services, issuance of insurance policies (travel medical insurance, mandatory insurance for cars abroad (Green Card), civil liability insurance for land vehicle owners).
- Agency services in the tourism sector: booking and issuance of air tickets, booking and reservation of hotel rooms, ordering transport and excursion services, etc., in accordance with the order made by the Customer.
3. Rights and Obligations of the Parties
3.1. Rights of the Contractor:
3.1.1. To receive payment for the provided services.
3.1.2. To refuse to provide services in case of violation of the terms of this Agreement by the Customer.
3.1.3. Has the right to involve third parties to fulfill their obligations to provide Services under this Agreement.
3.1.4. To amend the terms of the Offer and/or withdraw the Offer at any time at their own discretion.
3.1.5. Other rights in accordance with the current legislation of Ukraine and this Agreement.
3.2. Obligations of the Contractor:
3.2.1. To provide the Customer with agency services of proper quality in the order and on the terms defined by this Agreement.
3.2.2. To maintain and store documentation and reporting in accordance with the requirements of the legislation of Ukraine.
3.2.3. To keep confidential information in accordance with the provisions of the current legislation of Ukraine.
3.3. Rights of the Customer:
3.3.1. To receive services of proper quality.
3.3.2. To confidentiality regarding the status of the order, the fact of the request, as well as information obtained during the ordering process.
3.3.3. To receive reliable and complete information about the terms of provision, content, and scope of services.
3.3.4. To place an Order for Services specified in the relevant section of the Website.
3.3.5. To demand that the Contractor provide Services in accordance with the terms of this Agreement.
3.3.6. Other rights in accordance with the current legislation of Ukraine and this Agreement.
3.4. Obligations of the Customer:
3.4.1. To strictly comply with the oral or written instructions and recommendations of the Contractor.
3.4.2. To provide originals or copies of documents containing information required by the Contractor for the provision of services.
3.4.3. To familiarize themselves with the information about the Services posted on the Contractor's website.
3.4.4. To pay for the cost of services in the order and on the terms defined by this Agreement.
3.4.5. To arrive at the place of service provision on the date and time of service provision.
4. Procedure for Payment for Services. Refund of Paid Service Costs.
4.1. The total cost of services is determined in accordance with the service price established by the Price List at the time of receiving the service. The Customer can familiarize themselves with the current Price List on the Contractor's website or by means of telecommunication.
4.2. Payment for services is carried out:
4.2.1. For booking services in the field of transport: in cash or non-cash form to the carrier's representative directly when boarding the vehicle, by prepayment or partial prepayment using electronic payment instruments to the Contractor's current account.
4.2.2. For agency services in the field of insurance, in the field of providing tourist services by the Customer making a non-cash payment to the Contractor's current account.
4.3. The moment of payment for Services is considered the time of crediting funds to the Contractor's current account for online payments, or the actual moment of transfer of cash for cash payments.
4.4. The Customer may be offered a discount on the cost of the service, the size of which is determined in the order established by the Contractor.
4.5. The refund of the cost of booking services in the field of transport is carried out on the basis of a completed form established by the Contractor. The amount of funds subject to refund is determined by the carrier depending on the time remaining from the moment of submitting the established form until the vehicle's departure and is individually communicated by the manager to the Customer. The cost of booking services in the field of transport is refunded in full in case of cancellation of the corresponding route by the carrier.
4.6. The refund of the cost of agency services in the fields of insurance and tourism services is carried out on the basis and in the manner provided by current regulatory acts.
5. Loyalty Program (Cashback).
5.1. The Contractor carries out a refund of a portion of the funds spent by the Customer (cashback), paid for the provided services, within the framework of relevant loyalty programs, which are indicated on the Website.
5.2. Cashback is accrued for each paid service and credited to the Customer's account no later than the last business day of the month following the month in which the corresponding payment for the provided service was made.
5.3. Cashback is subject to taxation in accordance with the current legislation.
6. Liability of the Parties
6.1. For non-fulfillment or improper fulfillment of the assumed obligations, the Parties shall bear liability determined by this Agreement and the current legislation of Ukraine.
6.2. A Party shall not be liable for a breach of the Agreement if it occurred through no fault of its own.
6.3. A Party is considered innocent and not liable for a breach of the Agreement if it proves that it has taken all measures within its power for the proper fulfillment of this Agreement.
6.4. Each of the Parties shall not be liable for the obligations of the other Party to third parties, except in cases provided for by this Agreement.
6.5. The Contractor shall not bear any liability to the Customer if the Customer: did not use the Contractor's services within the terms notified by the Contractor on the relevant page of the Website, or by e-mail, or by other means of telecommunication.
6.6. The Contractor shall not be liable to the Customer for any direct or indirect losses that occurred due to: the inability to use the Service, site resources, and/or individual Contractor services; the actions of any third party during the receipt of the Service.
6.7. The Contractor shall not bear any liability to the Customer for the results of the latter's use of information materials.
7. Force Majeure
7.1. The Parties to this Agreement shall not be liable for non-fulfillment or improper fulfillment of the terms of this Agreement, damage caused, or losses incurred (including the inability to perform or delay in performing assumed obligations), if such are a consequence of force majeure circumstances.
7.2. Force Majeure circumstances are understood by the Parties as: epidemics, wars or armed conflicts, military actions, terrorist acts, revolution, seizure of enterprises, strikes, accidents, fires, explosions, export and import restrictions, natural disasters, weather phenomena and conditions (earthquakes, landslides, floods, public unrest, explosions, industrial accidents or disasters, malfunctions of mechanisms, transport and cargo vehicles or equipment, quarantine regulations, changes in existing norms and rules, introduction of a state of emergency, requirements and orders of state authorities, moratoriums and other acts and actions of state authorities, international institutions or organizations, unavailability of transport or cargo vehicles, insolvency of a supplier or manufacturer of goods (not included in the Parties' structure), as well as other phenomena, events, and circumstances that are beyond the control of the non-performing Party to this Agreement, if such Party could not and should not have foreseen their occurrence, and also could not and should not have prevented or eliminated the action or consequences of the actions of such circumstances using the means at its disposal and under the circumstances that arose for it.
8. Dispute Resolution
8.1. All disputes and disagreements arising or to arise between the Parties in the process of their fulfillment of this Agreement will be resolved through negotiations, in accordance with the current legislation of Ukraine.
8.2. If a dispute cannot be resolved through negotiations, it is subject to resolution in court in accordance with the established jurisdiction and venue of such a dispute, in the manner provided by the current legislation of Ukraine.
9. Effectiveness of the Agreement and Other Terms
9.1. This Agreement is a public Agreement (public offer) in accordance with the provisions of Art. 633 of the Civil Code of Ukraine and contains all the essential terms for the provision of services indicated on the Contractor's website. The offer is posted on the Internet on the Contractor's official website and is available for free review. Acceptance of the terms of this Public Agreement (acceptance) is full and unconditional and means the Customer's consent to all terms of the Agreement without exception or addition, and also indicates that the Customer understands the significance of their actions, all terms of the Agreement are clear to them, and the Customer is not under the influence of error, deception, violence, threats, etc. Each Party guarantees to the other Party that it possesses the necessary legal capacity, as well as all rights and powers necessary and sufficient for the conclusion and fulfillment of this Agreement in accordance with its terms.
9.2. Unilateral change of the terms of the concluded Agreement by the Customer or refusal to fulfill the terms of the concluded Agreement by the Customer is inadmissible, with the exception of cases provided for by this Agreement. Neither Party to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
9.3. Information provided by the Customer is confidential. Information about the Customer is used exclusively for the purpose of fulfilling their Order. The Parties undertake to keep confidential information obtained as a result of the fulfillment of this Agreement, except in cases where this is authorized in writing by the other Party or required by state authorities in accordance with current legislation. For the disclosure of confidential information, the guilty Party shall bear liability in accordance with the current legislation.
9.4. By their own acceptance of the Agreement, the Customer confirms that they are informed about the inclusion of their personal data in the personal data base, the owner of which is the Contractor, for the purpose of processing personal data specified in this clause, as well as about their rights specified in Article 8 of the Law of Ukraine "On Personal Data Protection". The Customer voluntarily gives consent to the collection and processing of their personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of Services, receiving information about Orders, sending advertising and special offers, information about promotions or any other information about the Contractor's activities via telecommunication means (e-mail, mobile communication). For the purposes provided for in this clause, the Customer may be sent letters, messages, and materials to the Customer's postal address, e-mail, as well as sms messages may be sent, and calls may be made to the phone number specified in the Order and/or questionnaire.
9.5. The Contractor is not responsible for the content and truthfulness of the information provided by the Customer when placing an Order. The Customer is responsible for the accuracy of the information specified when placing an Order.
9.6. The Customer, having applied orally or in writing to the Contractor for the provision of services, accepts (accepts) all the terms of this Agreement, and the date of the first request by the agreement of the Parties is considered the date of conclusion of this Agreement.
9.7. This Agreement enters into force from the date of conclusion and is valid indefinitely.
9.8. The terms of this Agreement are established as equal for all Customers, except for cases established by the legislation of Ukraine.
9.9. Amendments to this Agreement are made by the Contractor unilaterally and are published on the Contractor's website.
9.10. Amendments to this Agreement cannot affect and limit the quality and scope of Services regarding Services that were paid for by the Customer before such amendments entered into force.
9.11. This Agreement may be terminated in the order and in the manner established by the legislation of Ukraine.
10. Contractor's Details:
Individual Entrepreneur Feldman Lidiia Serhiivna
Bank: JSC SENSE BANK,
Account: UA 743003460000026008095288301
MFO: 300346,
Tax ID: 3218009362
Legal address:
Nikopol, Shevchenka St., 154, apt. 27.
Actual address:
Heroiv Chornobylia St., 138, off. 103.
Tel. +380 (95) 640 24 30.
Single tax payer, group 3.