Public Offer Agreement

Limited Liability Company «HRINBAS», EDRPOU code – 45389964, represented by Director Anastasiia Valeriivna Suzdalieva (hereinafter – the Agent), offers an unlimited number of persons (hereinafter – the User, Users) to conclude a Public Offer Agreement (hereinafter – the Agreement) regarding the arrangement and payment of passenger transportation services (hereinafter – the Service, Services) by means of the website http://zs7.com.ua and the mobile application «Zelenyi Slon 7» (hereinafter in the text – the Services). The Agent confirms that it works with an unlimited number of business entities that provide passenger transportation services (hereinafter – the Carrier, Carriers), and the User does not have the right to an absolute choice to receive the Service from a specific Carrier. When arranging the Service, the User confirms that they have fully, without time limitation, familiarized themselves with and agree to the terms of the specified Agreement and the Rules for the provision of passenger transportation services, which are posted on the Services. The User may act under the Agreement on their own behalf and for their own benefit and/or on behalf of a third party and for its benefit, in which case the User acts exclusively within the scope of the authority granted by the third party. This Agreement is considered concluded from the moment the User confirms their consent by ticking the corresponding box when placing the order. The Parties have determined that for their common understanding, an electronic ticket (when ordered through the Services) is a digital representation of information about the User’s order, which will contain the following information: the Carrier’s name, route, departure date and (approximate) arrival date, service cost. The User and the Agent are aware of the general requirements for concluding agreements, compliance with which is necessary for the validity of the transaction, possess full civil capacity and legal capacity, have the appropriate authority to conclude such a transaction, fully understand the significance of their actions and in accordance with their free will, which corresponds to the internal will of the participants in this transaction, with the aim of the real occurrence of legal consequences, understanding the legal nature of this transaction, as well as their rights and obligations under the Agreement, have concluded this Agreement in accordance with applicable law as follows:

1. Subject of the Agreement:

1.1. Under the terms of this Agreement, the Agent undertakes to administer the order that will be placed by the User by selecting a specific route (place of departure and place of arrival), date and time of departure in the Services, by ordering a passenger transportation service from a specific Carrier, and to notify the User about the service provided by sending an SMS message/electronic ticket, which may be exchanged at the Carrier for a ticket of the established form, and the User undertakes to pay the full cost of the Service in accordance with the price set on the Services and displayed in the payment form.

1.2. When placing an order via the website https://zs7.com.ua, a text message with the bus number and the departure time is proper confirmation of the User’s booking and payment for the Carrier’s services. Receipt of the text message is the moment of performance of the specified Agreement. The Parties agree that, for the purpose of quality service provision, the Carrier has the right to replace the bus. In such a case, the Agent informs the Client about such a replacement. Changing the bus by which the transportation service will be provided is not a violation of the Agreement and cannot be grounds for refusing the booking.

1.3. When placing an order via the Mobile application, a Ticket in the format of an electronic document (hereinafter – the electronic ticket, the ticket) is proper confirmation of the fact of receiving the service. Receipt of the electronic ticket is the moment of performance of the specified Agreement. The Parties agree that, for the purpose of quality service provision, the Carrier has the right to replace the bus. In such a case, the Agent informs the Client about such a replacement. Changing the bus by which the transportation service will be provided is not a violation of the Agreement and cannot be grounds for refusing the booking.

1.4. Purchase of a Ticket by the User on preferential terms in accordance with the legislation of Ukraine is carried out exclusively at the Carrier’s ticket office and/or by a person authorized by the Carrier to sell tickets.

1.5. According to the terms of this Agreement, transportation may be carried out both by regular and non-regular routes using the Carrier’s own vehicles as well as those of engaged parties. Any claims regarding transportation shall be accepted by the Carrier that performed such transportation.

1.6. The Agent is not liable for the actions of third parties when Users book tickets, namely, but not limited to: informing about the time, place of departure, vehicle number, fare, and other information.

1.7. One piece of baggage per User is allowed for transportation, which is placed in the luggage compartment. Hand luggage with dimensions not exceeding 45*35*20 cm and weighing up to 5 kg must be placed in the bus cabin under the feet or on the luggage rack.

1.8. The User has the right to transport in the bus cabin a domestic animal that is common and accepted for keeping in the territory of Ukraine, subject to the availability of the required documents and on condition that transporting the animal will not infringe the rights of other passengers. The driver may refuse to allow the animal on the bus if he/she has reasonable doubts that transporting such an animal will infringe the rights of other passengers. Transportation of domestic animals is permitted only in individual carriers. If other passengers have any objections to transporting the animal, in particular by referring to allergic reactions, etc., the bus driver may refuse to transport the animal.

2. Terms and procedure of payment:

2.1. Booking of the passenger transportation Service is determined for each specific order automatically and is indicated directly during the booking process on the Services.

2.2. As a general rule, payment for the booking is made directly during such processing by making a 100% prepayment to the settlement account.

2.3. When booking the Service via the website, the User carries out self-identification by entering a contact mobile phone number, under which they will be saved as a User and defined as a Party to the Agreement.

2.4. After payment for the Ticket booking, a text message confirming the fact of payment will be sent to the User’s mobile number indicated by them on the website.

2.5. When booking the Service via the mobile application, the User carries out self-identification by logging into the Mobile application account, according to the information in which they will be defined as a Party to the Agreement.

2.6. After payment for the Ticket booking, the electronic ticket paid for by the User will be displayed in the User’s mobile application.

2.7. Commission fees and other bank-defined expenses may also be charged to the User and added to the booking cost.

2.8. If the User’s baggage exceeds the dimensions 100*50*30 cm and the weight of 40 kg or if a single User has more than two pieces of baggage, the User must pay from 20 to 50% of the fare (at the bus driver’s discretion). The driver may refuse to admit a passenger to the trip if the passenger carries animals, birds, hazardous baggage, weapons, oversized baggage, or baggage whose weight exceeds the established norms. Also, the driver may refuse to accept baggage if its structure or odor may damage or soil other passengers’ baggage, the bus cabin, or the luggage compartment, or may interfere with bus passengers.

2.9. In the case of transporting an animal, and provided an individual trip, the cost of transporting the animal is the full cost of the ticket, and the User – the animal owner – is obliged to purchase the seat next to them for transporting the animal. If the animal owner travels together with any person known to them and provided that adjacent seats are booked, the cost of transporting the animal is 50% of the full ticket price.

3. Rights and obligations of the Parties:

3.1 The User has the right to:

• receive services in accordance with this Agreement and the conditions of passenger transportation under the current legislation of Ukraine, and within the framework of the paid booking;
• cancel the booking within the period provided for by the Rules for the provision of passenger transportation services, and receive the funds paid by them under this Agreement;
• claim compensation for damages that may be incurred by the User while using transportation services according to the confirmed booking, by sending an appropriate claim to the Agent’s address;
• receive compensation for moral damage and/or lost profits that may be caused within the framework of this Agreement, in an amount not exceeding the cost of the booking made by the User, or by mutual agreement of the Parties receive a discount on the Carrier’s subsequent services.

3.2. The User is obliged to:

• make advance payment for the booking in full;
• check the date, time, city/place of departure, city/place of arrival immediately after receiving the text message about the booking,
• arrive no later than 15 minutes before the departure point of the vehicle by which the transportation service will be provided. In case of non-compliance with this requirement, the Carrier has the right not to wait for the User, and the User loses the right to any claims against the Carrier;
• familiarize themselves with the rules for the provision of passenger transportation services;

3.3. The Carrier and/or the Agent have the right to:

• identify the User on the basis of the payment made and the mobile phone number;
• replace the bus by which the services will be provided and notify the Client about this by sending an SMS message.

3.4. The Carrier and/or the Agent are obliged to:

• send a text message to the User confirming the fact of booking the Service and the number of the vehicle by which the service will be provided;
• inform the User about changes in the conditions for the provision of services, including about the change or cancellation of the route;
• accept the User’s request, consider it independently, and promptly inform the User about the results of its consideration.

4. Conditions for cancellation of booking:

4.1. The Carrier and/or the Agent are obliged to refund to the User the funds received for booking the Service exclusively in the event of the impossibility of providing passenger transportation services due to the Carrier’s fault, or may offer a free replacement of the booking for another time convenient for the User with their consent.

4.2. The User has the right to independently initiate a refund for the booking of the Service and receive the corresponding reimbursement in the amount that will be determined in the specified public offer agreement.

4.3. For routes serviced by LLC «Zelenyi Slon 7» (Kyiv–Kharkiv, Kharkiv–Kyiv, Poltava–Kharkiv), funds for the purchased or booked passenger transportation service provided within Ukraine are returned to the User in the following amounts and procedure:

• if the User applies for a refund for the booking of the passenger transportation service 24 hours before the date of the booked departure – the User is refunded the full amount of the booking except for the funds specified in clause 4.5 of this Agreement;
• if the User applies for a refund for the booking of the passenger transportation service within the period from 24 hours to 6 hours before the date of the booked departure – the User is refunded 50% of the booking amount except for the funds specified in clause 4.5 of this Agreement;
• if the User applies for a refund for the booking of the passenger transportation service less than 6 hours before the date of the booked departure – the User is refunded 20% of the booking amount except for the funds specified in clause 4.5 of this Agreement.

Funds for the purchased or booked passenger transportation service provided on international routes are returned to the User in the following amounts and procedure:

• if the User applies for a refund for the booking of the passenger transportation service no later than 48 hours before the date of the booked departure – the User is refunded the full amount of the booking except for the funds specified in clause 4.5 of this Agreement;
• if the User applies for a refund for the booking of the passenger transportation service within the period no later than 24 hours before the date of the booked departure – the User is refunded 50% of the booking amount except for the funds specified in clause 4.5 of this Agreement;

4.4. In the event of purchasing the Service at a discounted price, only the amount actually transferred by the User will be reimbursed to the User.

4.5. Upon refunding funds for the booking of the Service, commissions and other payments made in favor of the bank when processing the ticket booking will not be returned to the User.

4.6. Funds are returned directly to the card account from which the payment was made, or to the account that will be provided by the User when processing such a refund. Refunds are made exclusively to a card account that matches the User’s data provided by them when making the booking.

4.7. Funds are returned within no more than thirty days after a positive decision is made regarding such a refund.

4.8. In order to cancel a booking, the User must contact the phone numbers listed on the Services and inform about their desire to cancel the booking of the Service and to have funds returned. The specified request is recorded by the operator, and within 2 calendar days a decision regarding the refund is made, about which the User is informed by sending a text message.

4.9. If the User has decided to lock in the funds for the returned ticket, in the amounts specified above, to their own phone number for use in the future, the specified funds cannot be returned in reality and may only be used by the User to book subsequent trips.

4.10. For routes serviced by LLC «TransTempo», namely: «Zhytomyr–Rivne–Zosin–Radom–Warsaw–Łódź–Wrocław–Hradec Králové–Prague», «Zhytomyr–Rivne–Lviv–Stryi–Mukachevo–Uzhhorod–Brno–Prague», «Zhytomyr–Rivne–Lviv–Kraków–Katowice–Olomouc–Brno–Prague» and other routes, funds are returned by the Agent in accordance with the Carrier’s rules contained at the link: https://transtempo.ua/dogovor-publichnoy-oferty, taking into account the following conditions when canceling a booking at the passenger’s request:

• if the request is more than 48 hours in advance – 80% of the ticket price is refunded;
• if the request is more than 24 hours but less than 48 hours in advance – 50% of the ticket price is refunded;
• if the request is more than 2 hours but less than 24 hours in advance – 20% of the ticket price is refunded;
• if the request is less than 2 hours before departure – the cost of the ticket (booking) is not refunded.

In any case, the passenger has the right to reschedule the trip without losing funds, subject to seat availability; if the cost of the new ticket is higher, the difference must be paid. The provisions of clauses 4.4 – 4.8 of this Public Offer Agreement do not apply to the refund specified in this clause.

4.11. For routes serviced by LLC «Hal-Vsesvit», namely: «Kraków–Katowice–Opole–Wrocław–Warsaw–Gdańsk–Poznań», funds are returned by the Agent in accordance with the Carrier’s rules contained at the link: https://ewe.ua/terms. The provisions of clauses 4.4 – 4.8 of this Public Offer Agreement do not apply to the refund specified in this clause.

4.12. For routes serviced by LLC «Gunsel», namely: «Uman–Pervomaisk–Yuzhnoukrainsk–Voznesensk–Nova Odesa–Mykolaiv–Kherson–Odesa», «Kremenchuk–Kamianske–Dnipro», funds are returned by the Agent in accordance with the Carrier’s rules contained at the link: https://lines.gunsel.ua/agreements. The provisions of clauses 4.4 – 4.8 of this Public Offer Agreement do not apply to the refund specified in this clause.

4.13. For routes serviced by the Sole Proprietor Pavliuk, namely: «Kyiv – Zhytomyr – Zviahil – Rivne – Lviv», «Kyiv – Lublin – Warsaw (Chopin Airport, Modlin Airport)», «Kyiv – Kraków – Katowice – Wrocław», «Kyiv – Lutsk – Kovel – Lublin – Warsaw», funds are returned by the Agent in accordance with the Carrier’s rules, namely:

• if the request is more than 24 hours in advance – 100% of the ticket price is refunded;
• if the request is less than 24 hours in advance – the cost of the ticket (booking) is not refunded.

However, the passenger has the right to reschedule the trip without losing funds, subject to seat availability; if the cost of the new ticket is higher, the difference must be paid. The provisions of clauses 4.4 – 4.8 of this Public Offer Agreement do not apply to the refund specified in this clause.

4.14. For routes serviced by LLC «Euroclub», namely: «Kyiv – Lviv – Berlin – Magdeburg – Braunschweig – Hanover – Bielefeld – Dortmund – Essen – Duisburg – Düsseldorf – Cologne (Cologne Bus Station, Cologne/Bonn Airport)», «Kyiv–Lviv – Dresden – Chemnitz – Zwickau – Hof – Bayreuth — Nuremberg – Ingolstadt – Munich – Augsburg – Ulm – Stuttgart», «Kyiv – Lviv – Budapest – Vienna», funds are returned by the Agent in accordance with the Carrier’s rules, namely:

• if the request is more than 7 days in advance – 85% of the ticket price is refunded;
• if the request is from 3 to 6 days in advance – 70% of the ticket price is refunded;
• if the request is 2 days in advance – 30% of the ticket price is refunded;
• if the request is less than 2 days in advance – the cost of the ticket (booking) is not refunded.

The provisions of clauses 4.4 – 4.8 of this Public Offer Agreement do not apply to the refund specified in this clause.

4.15. For routes serviced by LLC «International Transport Company Zessen Trans», namely: «Kyiv – Lublin – Chopin Airport – Warsaw “Zachodnia” – Łódź – Łódź Airport Łódź/Lublinek», «Kyiv – Rzeszów – Kraków – Kraków Airport – Katowice – Opole – Wrocław – Wrocław Airport», funds are returned by the Agent in accordance with the Carrier’s rules, namely:

• if the request is more than 72 hours in advance – 75% of the ticket price is refunded;
• if the request is more than 24 hours but less than 72 hours in advance – 50% of the ticket price is refunded;
• if the request is more than 12 hours but less than 24 hours in advance – 25% of the ticket price is refunded;
• if the request is less than 12 hours before departure – the cost of the ticket (booking) is not refunded.

The provisions of clauses 4.4 – 4.8 of this Public Offer Agreement do not apply to the refund specified in this clause.

5. Consent to personal data processing:

5.1. When booking a ticket via the Services, the User provides the Agent with their personal data, in particular those contained in the account, including but not limited to: phone number, surname, first name and patronymic, routes of their trips, time and place of departure, and gives consent in accordance with the provisions of the Law of Ukraine «On Personal Data Protection» for the Agent and/or the Carrier to use them in any manner provided for by the specified Law for further processing and storage, including but not limited to:

• transferring them to a third party that is in one way or another related to this Agreement, or for the purpose of its full performance;
• additionally informing the User about the status of the route performance, changes in its conditions;
• further processing of the User’s orders;
• receiving service messages, including regarding promotions, bonus programs, and discounts.

6. Liability of the Parties:

6.1. In the event of non-performance or improper performance by one of the Parties of the obligations under the Agreement, the liable Party shall compensate the other Party for the damages caused and proven by such actions in accordance with current legislation and the terms of this Agreement. 6.2. The Agent is not liable for losses and damages incurred by the User in the course of travel. 6.3. The Agent is not liable for inconveniences and losses suffered by the User as a result of providing inaccurate information when using the Services if this became possible due to unauthorized interference by third parties in the operation of the Services. 6.4. The Agent is not liable for delays in the departure and/or arrival of routes operated by LLC «Zelenyi Slon 7» and other carriers. The User agrees that the departure time and arrival time indicated in the Services are informative in nature and may change due to circumstances beyond the control of the Agent and/or the Carrier, including but not limited to: difficult road conditions, weather conditions, etc.

7. Force majeure:

7.1. The Parties are released from liability for non-performance or improper performance of obligations under this Agreement if it arose as a result of force majeure circumstances.

7.2. Force majeure circumstances in this Agreement mean any circumstances that arose beyond the will or contrary to the will or desire of the Parties and could not be foreseen or avoided in a reasonable manner, including decisions by state and local authorities on quarantine and/or the introduction of other restrictions, military actions, civil unrest, epidemics, blockade, earthquakes, floods, fire, and other natural disasters.

7.3. Decisions by the owners of the Parties aimed at changing or terminating rights and obligations under this Agreement cannot be recognized as force majeure circumstances if they are not agreed upon between the Parties in the form established by this Agreement.

7.4. The Party that is not performing or cannot perform its obligations under this Agreement as a result of force majeure circumstances must immediately notify the other Party in writing about the impediments and their impact on the performance of obligations under this Agreement.

7.5. If force majeure circumstances persist for 3 (three) consecutive months and show no signs of termination, this Agreement may be terminated by one of the Parties by sending written notice to the other Party.

8. Dispute resolution procedure:

8.1. In case of violation of the terms of the Agreement, each Party has the right to apply to the court. The location of the court is chosen in accordance with the current legislation of Ukraine. 8.2. All issues regarding the relations between the Parties that are not regulated by this Agreement are governed by the current legislation of Ukraine.

9. Final provisions:

9.1. This Agreement is valid from the moment the User receives a text message confirming payment for the ticket booking/receipt of the electronic ticket and remains in effect until the transportation service is provided;

9.2. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, performance, amendment and termination of this Agreement, the interpretation of its terms, determination of the consequences of invalidity or breach of the Agreement, are governed by this Agreement and the relevant norms of the legislation in force in Ukraine, as well as the business customs applicable to such legal relations based on the principles of good faith, reasonableness, and fairness.

9.3. The User agrees that the Agent and/or third parties who have access to the Services have the right to make changes to the specified Agreement and other documents governing the procedure for the provision of services, which are posted on the Services, and the User is obliged to familiarize themselves with them when making a booking. This Public Offer Agreement enters into force on 01 April 2024.