Public Offer Agreement for the Provision of Hotel Services

Odesa, Ukraine

Sole Proprietor Panchenko Mariia Borysivna, hereinafter referred to as the “Contractor”, (Taxpayer ID: 2951112568, single tax payer, group 2), on one side, and any individual or their authorized representative who joins this Agreement in the manner prescribed herein, hereinafter referred to as the “Customer”, on the other side, collectively referred to as the “Parties”, have entered into this Agreement in accordance with Articles 633 and 634 of the Civil Code of Ukraine as follows:

1. Terms and Definitions

1.1. Public Offer Agreement for the Provision of Hotel Services — an agreement under which the Contractor undertakes to provide hotel services to any person who applies for them. The terms of this Agreement are the same for all Customers, except for those who are granted special privileges by law. The Contractor is not entitled to give preference to one Customer over another regarding the conclusion of this Agreement, unless otherwise provided by law.

1.2. Adhesion Contract — a contract whose terms are established by the Contractor in this Agreement and may only be concluded by the Customer’s full acceptance (joining) of the proposed public offer, by paying the invoice issued by the Contractor for hotel services.

1.3. Moment of Acceptance — the moment when the Customer pays the invoice issued by the Contractor and the respective funds are credited to the Contractor’s bank account. The Customer may not propose any alternative terms.

1.4. Hotel Service — the actions performed by the Contractor to accommodate the Guest by providing a room (place) for temporary residence in the hotel, as well as other activities related to accommodation and temporary stay.

1.5. Consumer (Guest) — a natural person who purchases, orders, uses, or intends to purchase or order services for personal (domestic) needs.

1.6. Customer — a natural or legal person, including a tour operator or travel agent, who enters into this Agreement on behalf of and/or for the benefit of the Consumer (Guest) and makes payments under this Agreement.

1.7. Reservation — a prior order placed by the Customer for main and/or additional hotel services for a specific period. For the purposes of this Agreement, a reservation is considered valid if made at least three (3) calendar days before the start of the planned stay (but no earlier than six months before the arrival date).

1.8. Cancellation — the Customer’s or Guest’s refusal of the reserved services.

1.9. No-show — the actual non-arrival of the Guest at the hotel on the check-in date.

2. Subject of the Agreement

2.1. In accordance with the procedure and under the conditions defined in this Agreement, the Contractor undertakes to provide the Customer or third parties (Guests) indicated by the Customer in the reservation with hotel services, namely temporary accommodation and stay in specially equipped rooms of the Hotel “Zirka”, located at 70 Uspenska Street, Odesa.

2.2. From the moment the Customer’s funds are credited to the Contractor’s account according to the issued invoice, the Customer is deemed to have joined this Agreement, agreed to all its terms and conditions, and has no claims or objections regarding its provisions.

3. Reservation, Payment and Cancellation Procedures

3.1. Room reservations are made by the Customer’s full acceptance of this Agreement.

3.2. Upon receiving the reservation request, the Contractor sends the Customer an invoice indicating the cost of the reserved services.

3.3. A guaranteed reservation is confirmed only upon prepayment of 10% (ten percent) of the total booking amount. The Customer must pay this amount using the online payment services integrated into the Hotel’s website.

3.4. If the Customer fails to make the prepayment within the online payment period or within three (3) days (if payment is made by bank transfer), the reservation is considered invalid.

3.5. Check-in time (early arrival) starts at 14:00. Check-out time (late departure) is 12:00, Kyiv time. Early check-in and late check-out are considered additional services and are charged separately. The fee for early check-in or late check-out may amount to 50% of the daily room rate.

3.6. Cancellation terms and penalties:

• If the Customer wishes to cancel the reservation in time, they may cancel it no later than 14 (fourteen) calendar days before the scheduled arrival date.
• The prepayment of 10% of the total booking amount is non-refundable, regardless of the reason for cancellation, modification of the reservation, or Guest’s no-show. In such cases, the reservation is cancelled and the prepayment is retained as a penalty.
• Prices for booked and fully paid services cannot be changed.

3.7. In the event of public holidays or special events, the Contractor reserves the right to change service prices during such periods without prior notice or Customer’s consent. However, invoices that have already been fully paid by the Customer are not subject to change.

4. Rights and Obligations of the Parties

4.1. The Customer (and/or Guest) has the right to:

4.1.1. Require the Contractor to provide hotel services of appropriate quality.
4.1.2. Make payments to the Contractor ahead of schedule at their own initiative.
4.1.3. Cancel the reservation of hotel services in accordance with the cancellation terms — no later than 14 (fourteen) calendar days before the check-in date.

4.2. The Customer (and/or Guest) is obliged to:

4.2.1. Comply with the terms and conditions of this Agreement.
4.2.2. Make timely payments for reserved services within the timeframes and in the manner defined herein.
4.2.3. Familiarize themselves with and fully comply with the Hotel Rules.
4.2.4. Not demand a refund of the prepayment for reserved services, regardless of the reasons for cancellation, refusal of services, or actual no-show.
4.2.5. Reimburse any damage caused to the Hotel in accordance with the issued invoice and the official property damage report.

4.3. The Contractor is obliged to:

4.3.1. Ensure the proper quality of hotel services in accordance with the Hotel Rules and the legislation of Ukraine.
4.3.2. Inform the Customer about the services provided within the Hotel premises, as well as the forms and methods of payment for such services.

4.4. The Contractor has the right to:

4.4.1. Receive timely payment for hotel services.
4.4.2. In the event of destruction or damage to hotel property, recover from the Customer full compensation for the damage caused, according to the approved price list.
4.4.3. Refuse accommodation to the Customer or Guest, or terminate the Agreement early (evict the Guest), in case of violation of this Agreement and/or the Hotel Rules.
4.4.4. Impose a fine of UAH 2000.00 if smoking is detected in hotel rooms or anywhere on the premises other than designated smoking areas.

5. Liability and Dispute Resolution

5.1. In the event of a breach of obligations under this Agreement, the Parties shall be liable in accordance with the applicable legislation of Ukraine and the provisions of this Agreement.

5.2. If the Contractor fails to provide the reserved and duly paid hotel services due to their own fault, the Contractor shall pay the Customer a penalty equal to the full booking amount.

5.3. The Customer shall reimburse any damage caused in full within three (3) days from the date the Contractor issues an invoice, if the damage was caused by the Customer, the Consumer, or their guests/visitors.

5.4. All disputes arising out of or in connection with this Agreement shall be resolved through negotiations between the Parties. If a dispute cannot be resolved through mutual negotiations, it shall be referred to a competent court of Ukraine in accordance with the applicable jurisdiction and venue.

6. Force Majeure

6.1. The Parties shall be released from liability for failure to perform and/or improper performance of their obligations under this Agreement in the event of force majeure circumstances that are beyond the control of the Parties.

6.2. Such circumstances include, but are not limited to: military actions, natural disasters, strikes, epidemics, blackouts, and other similar events.

6.3. The Party invoking force majeure must provide documentary proof of such circumstances (e.g., a certificate from the Chamber of Commerce and Industry).

6.4. The Parties acknowledge and understand the risks associated with concluding and performing this Agreement during the period of martial law. The Customer accepts these conditions when entering into this Agreement during martial law.

7. Other Provisions and Contractor’s Details

7.1. Relations between the Parties not regulated by this Agreement shall be governed by the current legislation of Ukraine.

7.2. The Customer and/or Guest grants the Contractor consent to perform any actions regarding the processing of their personal data without restrictions, for the purpose of fulfilling the terms of this Agreement and conducting business activities in accordance with the legislation of Ukraine.

7.3. The duration of this Agreement is determined by the Parties until all obligations have been fully performed, and with respect to settlements — until full payment between the Parties has been completed.

Contractor’s Address and Details

Contractor
Hotel “Zirka”
FOP Panchenko Mariia Borysivna
IPN (EDRPOU): 2951112568
FOP Address: 168/1 Liustdorfska Doroga, Odesa, 65113, Ukraine
Hotel Address: 70 Uspenska Street, Odesa, Ukraine
Single tax payer (Group 2)
Phone: +38 (097) 140 16 87
E-mail:
JSC CB “PrivatBank”: UA963052990000026000024919619