Offer agreement and rules of accommodation in the Hotel

m. Berehove
Limited Liability Company “Zhayvoronok”, represented by Director Tokar Stanislav Vasilyovych, acting on the basis of the Charter, registered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations on 22.02.2024, entry number 1003221070019000685, hereinafter referred to as the Hotel “Zhayvoronok”, “Contractor” – on the one hand, and any legal entity, individual entrepreneur or individual, or their authorized representative, who joins this agreement by concluding an accession agreement, in the manner specified in this agreement, hereinafter referred to as the “Customer”, on the other hand, hereinafter each individual “Party”, and together the “Parties”, in accordance with Articles 633 and 634 of the Civil Code of Ukraine, have concluded a Public Offer Agreement for the provision hotel services, hereinafter referred to as the “Agreement”, on the following:

1.1. Public offer agreement for the provision of hotel services is an obligation in accordance with which the Contractor undertakes to provide hotel services to anyone who applies to it and will not give preference to one consumer over another in concluding this Agreement, unless otherwise established by law. The Contractor has no right to refuse to conclude this Agreement if it has the opportunity to provide the Customer with hotel services.

1.2. An accession agreement is an agreement, the terms of which are established by the Contractor in this Agreement, which may be concluded by the Customer by joining the proposed Agreement as a whole, through payment of the invoice for the provision of hotel services (full or partial payment), which was presented by the Contractor. The Customer cannot offer its own terms of the Agreement. The accession agreement is considered concluded at the moment when the Customer paid the invoice for the provision of hotel services (in full or in part), which was provided by the Contractor by crediting the specified funds to the Contractor’s current account or depositing funds into the Contractor’s cash desk.

1.3. Hotel service is the Contractor’s actions to accommodate the Consumer by providing a room (place) for temporary accommodation in a hotel, as well as other activities related to accommodation and temporary accommodation. The hotel service consists of basic and additional services provided to the Customer.

1.3.1. Basic services – the scope of hotel services, namely accommodation provided to the Consumer in accordance with the Agreement.

1.3.2. Additional services – the scope of services that are not part of the basic hotel services, are ordered and paid for by the Consumer additionally under a separate agreement.

1.4. Consumer – an individual who purchases, orders, uses or intends to purchase or order services for their own needs.

1.5. Customer – an individual or legal entity, including a tourist activity entity, which concludes a relevant Agreement for the provision of hotel services on behalf of and in favor of the Consumer and makes payment under this Agreement.

1.6. Reservation – the process of ordering hotel Basic and/or Additional services in a certain volume by the Customer, with the aim of using the services within the agreed terms by a specific Consumer or group of Consumers and can be carried out for an unlimited period of time before the actual provision of the service.

1.7. List of clients not served by the hotel – a list of unscrupulous Customers and/or Consumers who previously used the hotel’s services, but did not pay for the services provided, damaged the hotel’s property, etc. The list is kept by the hotel administrator.

1.8. Other concepts and terms used in this Agreement, but not defined in this section, are interpreted in accordance with the Rules for the Use of Hotels and Similar Facilities for Accommodation and the Provision of Hotel Services approved by Order of the State Tourism Administration of Ukraine No. 19 dated March 16, 2004, the Law of Ukraine “On Tourism”, as well as other regulatory legal acts in this industry.

2.1. In accordance with the procedure and on the terms and conditions specified in this Agreement, the Contractor undertakes to provide Hotel Services to the Customer or third parties specified by the Customer in accordance with the Booking order, hereinafter referred to as the “Services”, namely: temporary accommodation and temporary residence services in specially equipped rooms of the “Zhayvoronok” hotel at the address: ul. Shevchenko, building 121, Berehove, index 90202.

2.2. All necessary information about the conditions, rules of accommodation, comfort, scope and cost of Services (prices), availability of inventory according to the category of the hotel, room reservations in which are made in accordance with the terms and conditions of this Agreement are posted on the website: https://zhayvoronok.net/

2.3. It is considered that the Customer has joined this Agreement, agreed to all its terms and conditions and there are no claims or comments regarding the terms set forth therein from the moment of booking the services, filling out the questionnaire and/or crediting the Customer’s funds to the Contractor’s account for the provision of Hotel services according to the presented invoice.

2.4. The moment of conclusion of this Agreement is the moment of conclusion between the Parties to the Agreement of accession to the Agreement of a public offer for the provision of Hotel services, by leaving an application for booking services, filling out the questionnaire during check-in and/or payment by the Customer of the invoice for the provision of Hotel services, which was issued by the Contractor based on the Booking order. In this case, payment in whole or in part for the Services on this account and crediting the specified funds by the Contractor or other actions of the Customer are confirmation by the Customer of the conclusion of the Agreement of accession to the Agreement of a public offer for the provision of Hotel services and acceptance by the Customer of all essential terms of this Agreement, including, but not limited to, the conditions for cancellation, change, and refusal of the booked Services, the amount of fines and the procedure for staying at the hotel. Payment of funds on this account is acceptance by the Customer of the acceptance of the Contractor’s offer to purchase the Services and their payment, which is posted on the official website of the hotel https://zhayvoronok.net/ and is the Agreement of the Contractor’s public offer and contains all essential terms of the provision of Services.

3.1. Booking of the Contractor’s Hotel Services is carried out by calling +38 (093) 24-0000-7, or by making a reservation request on the official hotel website https://zhayvoronok.net/ or at the reception desk directly at the hotel.

3.2. Booking of the Contractor’s Hotel Services must include the period of stay, dates and times of arrival and departure, number of places and rooms, room categories, identification data of the Customer and Consumers (name, EDRPOU code, location for legal entities and surname, first name and patronymic, passport series, number for individuals), number of people who will stay, including children, required number of extra beds, etc.

3.3. The Contractor, after receiving an order for booking Hotel services, sends the Customer an invoice to the e-mail or phone number for payment of the cost of the booked services.

3.4. The Contractor has the right to refuse the Customer the reservation and accommodation in the hotel if the Customer and/or the Consumer are included in the List of clients who are not served by the hotel or have obvious signs of alcohol or drug intoxication upon check-in.

3.5. In the event of cancellation or adjustment of the Reservation, the Customer will be charged a fine in the amount provided for by the “Residence Rules, which are posted at the web address: https://zhayvoronok.net/pravyla-prozhyvannya/.(on this page below)

3.6. In case of cancellation or adjustment of the Reservation, the advance payment, including payment of all penalties, is returned by the Contractor within 30 (thirty) calendar days to the Customer’s account.

3.7. Accommodation by the Consumer beyond the period specified in the Reservation order, regardless of the reasons, as well as accommodation of Consumers who arrived without prior Reservation and wish to settle, is carried out subject to the availability of free rooms and is paid to the Contractor at the time of such extension. The Consumer is obliged to notify the administrator of his intention to extend the period of stay.

3.8. Other rules and conditions of settlement, eviction, accommodation, booking, etc., not established by this Agreement, are provided for by the “Rules of Accommodation of the Hotel “Zhayvoronok”, which are posted at the web address: https://zhayvoronok.net/pravyla-prozhyvannya/ (on this page below).

3.9. A hotel room is provided to the Consumer upon presentation of a passport or other identification document.

3.10. The Contractor has the right to change the prices for Hotel Services provided under the Agreement during festive events in the city and/or public holidays without notice and consent of the Customer. Invoices for payment of Hotel Services that have been fully paid by the Customer at that time are not subject to adjustment.

4.1. Information on the cost of the Contractor’s Services is posted on the website https://zhayvoronok.net/ in the “Accommodation” section, “Hotel Zhayvoronok” or this information can be obtained directly from the administrator at the hotel reception.

4.2. The cost of Hotel Services provided by the Contractor under the Agreement is determined in the national currency of Ukraine – hryvnia and is subject to payment within the terms specified in the Agreement in a non-cash manner to the Contractor’s current account or in cash to the Contractor’s cash desk.

4.3. The cost of Hotel Services is determined by the Contractor in accordance with the Booking order, which includes the room category, number of rooms, extra beds, etc. and is formed in the invoice for payment sent to the Customer after receiving the Booking order.

4.4. The cost of Hotel Services includes: accommodation.

5.1. The Customer is obliged to:
5.1.1. Pay the cost of Hotel Services provided by the Contractor under the Agreement in a timely manner and in full.

5.1.2. Send the Contractor an order for booking Hotel Services in accordance with this Agreement.

5.1.3. Inform the Consumer about the terms of this Agreement, the procedure for providing Hotel Services and the rules of conduct at the hotel.

5.1.4. Inform the Contractor in a timely manner about canceling the Reservation or making changes to the Reservation order.

5.1.5. Pay the penalty provided for in clause 3.5. of the Agreement in case of untimely notification of cancellation and/or change of the Reservation order.

5.1.6. To form a Reservation order in accordance with the terms of the Agreement, namely, to clearly indicate the number of rooms, their category, the number of people who will stay, including the number of children, to inform about the required number of additional beds and to provide identification data of the Consumers. In case of improper formation of the Reservation order, it may not be considered by the Contractor.

5.1.7. To fully compensate for material losses caused by the fault of the Customer, the Consumer or their guests/visitors, within 3 (three) days from the moment of submission of the invoice by the Contractor.

5.2. The Customer has the right:
5.2.1. To receive confirmation of the Reservation from the Contractor.

5.2.2. To establish settlements with the Consumer at its own discretion, if the Customer does not independently use the Contractor’s Hotel services.

5.2.3. Make payments to the Contractor ahead of schedule.

6.1. The Contractor is obliged to:

6.1.1. Process Reservation orders and confirm them, provided that the relevant services can be provided, within 1 (one) day from the moment of receipt.

6.1.2. When providing Hotel Services, comply with the conditions agreed with the Customer in the Reservation order.

6.1.3. Be responsible for the quality of the services provided in accordance with the requirements of current legislation.

6.2. The Contractor has the right:

6.2.1. Receive payment for Hotel Services provided under the Agreement in a timely manner.

6.2.2. To compensate the Customer for material losses caused by the fault of the Customer, the Consumer or their guests/visitors, within 3 (three) days from the moment of presentation of the invoice.

6.2.3. To receive compensation from the Customer, in the form of a fine, for untimely cancellation of the Booking or making changes to the Booking.

6.2.4. To apply to the Customer or the Consumer any fines and penalties specified in the “Rules of Residence at the Zhayvoronok Hotel” of the Contractor and posted on the official website at: https://zhayvoronok.net/pravyla-prozhyvannya/.

6.2.5. To terminate the provision of Hotel services to the Consumer early, without refunding the paid funds, in case of violation of the Rules of Residence at the Contractor’s hotel, fire safety rules and the terms of this Agreement.

7.1. The Consumer is obliged to:

7.1.1. Comply with the terms of this Agreement, the rules of accommodation in the hotel and fire safety rules.

7.1.2. Use the provided hotel room for your own needs, accommodation, and not transfer your room to other persons.

7.1.3. Ensure that guests and/or visitors are not in the room/hotel from 23:00 to 07:00.

7.1.4. Treat other Consumers, employees, guests and visitors of the hotel with respect.

7.1.5. Maintain silence in the room/hotel from 23:00 to 07:00.

7.1.6. Smoke only in specially designated areas marked with a “Smoking Area” sticker.

7.1.7. Pay for Additional Services that were ordered and received by him during the period of receiving Hotel Services.

7.2. The Consumer has the right:

7.2.1. To receive Hotel Services of proper quality, on the terms and in the amount stipulated in the Booking order.

7.2.2. To receive the following types of services without additional payment: ambulance call, free storage of belongings at the hotel reception.

7.2.3. To receive a hotel room for two or more people, in the event of a vacancy, but with an additional payment for the difference between the cost of the booked room and the received one.

8.1. For violation of the terms of the Agreement, the guilty Party shall be liable as defined by this Agreement and/or applicable law. A violation of the Agreement is its failure to perform or improper performance, i.e. performance in violation of the conditions specified in the content of this Agreement.

8.2. A Party shall not be liable for violation of the Agreement if it occurred through no fault of its own. A Party shall be deemed innocent if it proves that it has taken all measures within its power to properly perform its obligation.

8.3. Payment by the guilty Party of the penalties specified by this Agreement and/or applicable law shall not exempt the latter from fulfilling its obligations under the Agreement in full.

8.4. For groundless or unjustified refusal to pay for the Services provided under the Agreement, the Customer shall pay the Contractor a fine in the amount of the cost of the Services provided.

8.5. In case of untimely cancellation of the order for booking Hotel services, the Customer shall pay the penalties provided for in clause 3.5. of the Agreement.

8.6. In case of a smaller number of Consumers than indicated in the order for booking Hotel services, the Customer shall pay the full cost of the Services provided for in the terms of the Agreement, if he/she did not timely notify about the reduction in the order volume.

8.7. In case of material damage to the Contractor by the Customer, the Consumer and/or his/her visitors (guests), the Customer shall compensate for the damage in full within 3 (three) days from the moment the Contractor presents the invoice.

8.8. The consumer pays a fine in the amount stipulated by the “Rules of Accommodation at the “Zhayvoronok” Hotel”, which are posted on the official website at: https://zhayvoronok.net/pravyla-prozhyvannya/, if he does not comply with clause 7.1.6 of this Agreement, namely, smoking in a place not specifically designated for this, including in the room.

9.1. All disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties.

9.2. If the relevant dispute cannot be resolved through mutual negotiations, it shall be resolved in court under the established jurisdiction and jurisdiction of such dispute in accordance with the current legislation of Ukraine.

10.1. The Parties shall not be liable for failure to perform (or improper performance) of their obligations under this Agreement if such failure occurred as a result of force majeure circumstances.

10.2. Force majeure circumstances under this Agreement shall be considered to be: floods, epidemics, epizootics, earthquakes and other natural and man-made (technological) catastrophes and natural disasters, uprisings, embargoes, military actions, occupation, mobilization, violations of public order, strikes, actions of government bodies or any other circumstances beyond the control and will of the Parties that occurred after the signing of this Agreement and that do not allow one of the Parties to properly fulfill its obligations under this Agreement.

10.3. The Party affected by force majeure circumstances (force majeure) shall immediately (as far as circumstances allow, but no later than 1 (one) calendar week from the moment of their occurrence) notify the other Party of the occurrence, nature and possible duration of force majeure circumstances (force majeure) and provide duly executed confirmation to the competent authority (the Chamber of Commerce and Industry of Ukraine).

11.1. This Agreement may be amended, terminated or supplemented at the initiative of the Contractor.

11.2. The term of this Agreement is determined by the Parties until the full fulfillment of the obligations assumed, and in terms of settlement – until the full settlement between the Parties.

11.3. Relations between the Parties that are not regulated by this Agreement are regulated on the basis of the norms of the current legislation of Ukraine

1.1. These Rules of Residence at the Hotel regulate the relations between the health complex “Zhayvoronok” (hereinafter referred to as the “Hotel”) and consumers and customers of hotel services and establish basic requirements for the rules of use of the Hotel.

1.2. These Rules of Residence at the Hotel have been developed in accordance with the Rules of Use of Hotels and Similar Facilities for Accommodation and Provision of Hotel Services, approved by the Order of the State Tourism Administration of Ukraine dated March 16, 2004 No. 19.

1.3. The Guest is obliged to comply with the Rules of Residence at the Hotel and the Fire Safety Rules.

1.4. If the Guest repeatedly violates the Rules of Residence at the Hotel and/or the Fire Safety Rules, which leads to material damage and/or creates inconvenience for other consumers, the Hotel has the right to refuse accommodation or terminate the contract (eviction).

1.5. The Hotel guarantees the Guests compliance with confidentiality. The Hotel’s customers take into account and do not object to the use of a video surveillance system on the territory of the Hotel, with the exception of toilets and hotel rooms. The Hotel reserves the right to provide all necessary information and data to the authorized state bodies upon request.

1.6. Smoking is prohibited in the Hotel. The Hotel Administration reserves the right to impose a fine on guests for violating fire safety standards, smoking in unauthorized places and disobeying the legal requirements of the administration.

1.7. Feedback and suggestions on the work of the Hotel can be left with the Hotel administrator or on the Hotel’s website. Also, fill out a questionnaire in the hotel room, which is located in the information folder.

1.8. The Hotel’s operating hours are 24 hours a day.

1.9. The Hotel’s established check-in time is 12:00 p.m. Kyiv time.

1.10 The Hotel’s established check-in time is 3:00 p.m. 00 min. Kyiv time.

1.11. When placing children under 5 years old (inclusive) with their parents in the same room without providing an extra bed, the fee for children’s accommodation is not charged. For children who are provided with a separate bed, an additional fee is charged, which depends on the age of the child and the period of stay. You can find out the cost of an extra bed on the Zhayvoronok Hotel page in the “Prices” section. The cost of an extra bed includes breakfast and use of the swimming pools at the “whole day” rate.

1.12. The hotel provides the consumer with the following services at no additional charge:
-breakfast;
-ambulance call;
-wake-up call at a specified time;
-taxi call;
-Internet access on the territory of the Hotel via Wi-Fi connection;
-change of towels and bed linen;
-reference information on the city;
-availability of appropriate hygiene products in the room;
-daily cleaning of the room and change of bed linen -once every three days
-use of a safe in the room;
-gym services;
-conference room services;
-provision of specially designated parking spaces or -parking lots for vehicles;
-provision of necessary equipment (iron, kettle).

1.13. The hotel provides the following services to the guests for an additional fee:
-food services (restaurant, pizzeria, cafe “Bistro”, summer cafe in the pool area);
-minibar services (in the room);
-massage;
-foot peeling with Garra Rufa fish;
-tasting of wines of its own production;
-salt room;
-spa services;
-laundry of personal belongings;
-rental of bathrobes (carried out at the hotel reception for the entire period of stay)

1.14. Bed linen and bathroom towels are changed at least once every three days. Pool towels are changed once a day according to the schedule at the exchange point (from 8.00-10.00 a.m.). Bathrobes are not replaced in the “luxury” category rooms, i.e. they are provided for the entire period of stay.

1.15. The Hotel Reception and Accommodation Service monitors compliance by consumers with these Rules.

In the Hotel Policies, the terms are used in the following meaning:

– consumer (Guest) – a natural person who receives accommodation services

– customer – a natural or legal person, including a tourist entity, which enters into a contract for the provision of hotel services on behalf and for the benefit of consumers and makes payments under this agreement (provides guarantees for payment under this agreement);

– reception and accommodation service of the Hotel (reception) – a service that deals with the reception, registration, settlement and eviction of the Guest.

– hotel service – actions (operations) of the Hotel for accommodation of the consumer by providing a room (place) for temporary accommodation in the Hotel, as well as other activities related to accommodation and temporary accommodation. Hotel service consists of basic and additional services provided to the consumer during accommodation and accommodation in the Hotel;

– room – a separate room equipped with furniture, consisting of one or more rooms suitable for temporary residence;

– booking – the process of ordering basic and / or additional services in the Hotel, in order to obtain them in due time by a specific consumer or group of consumers;

– confirmation of booked services – the consent of the Hotel to perform the ordered agreed list of basic and additional services in accordance with the application;

– refusal to book services – refusal of the Hotel to book basic and additional services of the Hotel within the period specified in the contract;

– cancellation – refusal of the customer from the booked services. Cancellation is divided into three types: timely cancellation, late cancellation, non-arrival.

– timely cancellation – the customer’s refusal to use the booked services no later than fourteen days before the date of the planned check-in or within the terms specified in the contract;

– late cancellation – cancellation no later than thirteen days before the date of scheduled check-in or within the terms specified in the contract;

– non-arrival – the actual non-arrival of the consumer, consumer group to the Hotel on the day of arrival or cancellation of booked services less than 24 hours before the specified date of settlement;

– date of arrival – the date of arrival of the Guest at the Hotel;

– date of departure – date of departure of the Guest from the Hotel;

– settlement time – on the day of departure, the Guest must vacate the room by 12:00 p.m. Kyiv time

3.1. Payment for accommodation and services provided by the Hotel is made in cash, by non-cash payment or by credit cards, according to the price list for accommodation valid at the Hotel. Payment for accommodation and additional services is made in the national currency – hryvnia.

3.2. If the Guest is late for more than one day, the guaranteed reservation is canceled, and the prepayment for accommodation is not refundable.

3.3. A room (place) in the Hotel is provided to the Guests upon presentation of their passports or other identity document.

3.4. The Guest must notify the Hotel administration of their desire to leave before the agreed deadline. In this case, the funds are returned minus one night.

3.5. To prevent material and technical losses, the Guest leaves the Hotel administrator an insurance deposit of 500 hryvnias upon check-in, which is returned upon check-out provided that the minibar and inventory in the room are intact.

4.1. The Guest is obliged to:

4.1.1. Maintain order in the Hotel, throw away garbage only in specially designated places;

4.1.2. treat the Hotel’s property with care;

4.1.3. not commit actions that disturb the peace and disturb other Guests;

4.1.4. comply with Fire Safety rules;

4.1.5. not allow unauthorized persons into the room;

4.1.6. when leaving the room: turn off the water taps, close the windows and balcony doors, turn off the lights and equipment in the room, lock the room door;

4.1.7. upon departure from the Hotel, pay in full for all services provided and hand over the room key to the maid or the person on duty at the time of departure;

4.1.8. in case of damage to the Hotel property, the Guest shall compensate for its cost in accordance with the Hotel’s internal documents;

4.2. In order to ensure order and safety in the Hotel, the Guest is prohibited from:

4.2.1. using heating devices;

4.2.2. bringing into the Hotel territory and storing in the room materials and objects that are dangerous to the life and health of others;

4.2.3. переставляти і виносити меблі з номера Готелю;

4.2.4. порушувати загальновизнані норми поведінки.

4.2.5. заподіювати шкоду майну Готелю;

4.2.6. для уникнення стійкого запаху, заборонено зберігати їжу з в’їдливими запахами.

4.2.7. за втрату (пошкодження) ключа та/або брелока від номеру, Гість зобов’язаний сплатити штраф у розмірі 200 грн.

4.2.8. паління у номері. Гість зобов’язаний сплатити штраф у розмірі 200 грн.

5.1. In case of failure to fully or partially fulfill the contractual obligations related to the provision of hotel services, the Hotel reserves the right to replace them with equivalent or higher quality ones.

5.2. The Hotel accepts, considers and resolves complaints about service only during the Guest’s stay at the Hotel. After the Guest leaves the Hotel, complaints are not accepted and are not considered. Complaints and statements of Guests must be considered by the Hotel administration in accordance with the current legislation of Ukraine.

5.3. In the event of discovery of forgotten items, the Hotel is obliged to immediately notify the Guest (provided that their owner is known). At the written request of the Guest, forgotten items may be sent to him at the Guest’s expense. Food products forgotten by the Guest are subject to disposal.

5.4. The hotel is exempt from liability for partial or complete failure to provide hotel services if this is a result of force majeure circumstances (fire, natural disaster, lightning strike, heavy rain, wind, downpour, hurricanes, snow, hail, tornado, failure of gas supply, water supply and/or electricity supply)

6.1. Control over the observance of these rules by the Hotel staff is carried out by the Hotel administration.

6.2. On all other issues not regulated by these rules, the relationship between the Hotel and the Guest is governed by current legislation of Ukraine.

1. Room reservations are made on the website, by phone +38 093 24 0000 7 or at the hotel reception.

1.2. To confirm the reservation, a prepayment is made within 24 hours:
-when booking 1 (one) night, full payment is made, i.e. -payment for 1 (one) night;
-when booking 2 (two) nights, full payment is made, i.e. -payment for 2 (two) nights;
-when booking 3 (three) nights, a prepayment is made for 2 -(two) nights;
-when booking more than 3 (three) nights, a prepayment of 50% of the reservation cost is made.

1.3. If the prepayment is not made within one day after the invoice has been issued, the reservation is automatically canceled.

1.4. When canceling and rescheduling a reservation:

-14 nights before check-in, the cost of 1 (one) night of accommodation is charged;
-7 nights before check-in, the cost of 2 (two) nights of accommodation is charged;
-3 nights before check-in, the amount paid is non-refundable.

1.5. When checking-in, payment is made for the entire reservation period.