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Terms of use

Services Agreement on Reservation of Temporary Places of Residence (Accommodation)

(Valid from November 1, 2019)

Kyiv

Contractor​: ​Individual entrepreneur Mykola Mikhaylovich Marchenko​, who is registered and acts according to the legislation of Ukraine, identification number 2826409956, location 21 Simirenka Str., Kyiv, 03134, and acts under state registration: 2 072 017 0000 005697 dated June 05, 2002 (hereinafter ​“vlasneUA​”), on one part, and

Client (customer)​: any individual who uses services of vlasneUA website (websites) for receiving services on the reservation of temporary places of residence (accommodation), on the other part, collectively referred to as the Parties, have entered into this agreement as follows:

Considering that:

– vlasneUA conducts activities by Website with vlasne.ua domain, and through call-center (collectively referred to as vlasne UA) for provision of services on the reservation of temporary places of residence, as well as mediation activities on specific and related services according to KVED 79.90 (KVED 79.90 – Provision of other services of reservation and related activities); the Client wants to use services on the reservation of temporary places of residence (accommodation).
– This Agreement is a public offer (official proposal) of vlasneUA. According to p. 2 of Article 642 of the Civil Code of Ukraine (CCU), in case of acceptance of terms below and payment for services, the person who makes acceptance of this offer shall become the Client.
– This Agreement is concluded by filing of application on reservation service and payment in favor of vlasneUA or Owner of place of temporary residence (accommodation).
– Making a payment, the Client confirms that he is fully and completely familiar with, agrees to and accepts the terms hereof.
– This Agreement shall come into effect from the date of its publication on vlasneUA Website and shall be valid until the date of the official release of application on withdrawal of public offer (agreement) in full or partially.
– The Agreement concluded according to the procedure above shall be deemed as one which concluded in writing, signed by the Client, and cannot be invalidated due to its electronic form and/or lack of the Client`s signature.
– This Agreement is an accession agreement in the meaning of Article 634 of the CCU.
– This Agreement is compulsory for the Parties to the Agreement, except in cases stipulated in this Agreement or current laws and regulations of Ukraine.

Definition of terms:

VlasneUA ​ website is one of the channels of service provision which is a combination of software of vlasneUA, including installed on tablets, mobile phones, and other mobile devices supporting the installation of vlasneUA software, as well as a combination of information, method of its provision and technical means helping users of Internet network to get access to this information, including vlasneUA website in Internet network ​http://www.vlasne.ua​.

Owner means an individual, individual entrepreneur and legal entities of all forms of ownership, which post the information on real property units which belong to them legally on vlasneUA website (vlasne.ua).

lace of temporary residence (accommodation) means any real property that is suitable and equipped for temporary residence (accommodation) of the Client.

1.1. Under the terms stipulated by this Agreement, vlasneUA shall provide the Client, according to its application, with service of reservation of temporary place of residence (accommodation), in particular, provision of information on the relevant dates for temporary location and relevant prices as of the dates of temporary location, as well as provision of Owners` contacts (hereinafter “the services”), while the Client shall pay for provided services according to the terms hereof.

2.1. Services of reservation of place for temporary residence (accommodation) for the Clients are fee-based, thus vlasneUA charges fee to the Client for provided services of reservation in proportion to the number of days of residence in the amount not exceeding 15 % from total cost for residence established by the Owner, unless otherwise stipulated in the application.

2.2. The amount due for temporary residence (accommodation) shall be determined on the basis of prices established by the Owner of places for temporary residence (accommodation) as of the relevant date of reservation. Payment for the services of temporary residence (accommodation) shall be made on the basis of issued invoice (application) and within the period indicated in the invoice (application).

2.3. Price of temporary residence (accommodation) includes the residing cost established by the Owner and cost of other additional services that are included in the total cost.

2.4. Payment for temporary residence (accommodation) shall be made by the Client as follows:
– after receipt of reservation confirmation, the Client shall pay in advance the cost of 1 (one) day of temporary residence (accommodation) or from 0 % to 20 % of the total cost of temporary residence in case of long-term residence (shall be determined according to application), by transfer of funds to the Owner`s details according to the chosen method of payment. Methods of payment shall be provided to the Client at the reservation settlement, in this case, the payment date shall be deemed the date of crediting funds to the Owner`s account in accordance with terms of the use of payment systems (methods).
– final settlement for temporary residence (accommodation) shall be made at the accommodation of the Client to the place of temporary residence (accommodation), by paying the rest of the residing cost to the Owner according to the chosen method of payment.
– in case of cancellation of reservation by the Client within the period stipulated in the application, the amount of pre-payment paid by the Client shall be returned to him within the period according to operating rules of payment systems by means of which the pre-payment was made in accordance with clause 2.4 hereof.
In case of cancellation of reservation after the deadline established in every application, the amount of pre-payment shall not be returned, but shall be used for recovery of costs of the Owner and/or vlasneUA for preparing the place of temporary residence (accommodation) and reservation service.

2.5. In case of failing to pay or incomplete payment of pre-payment amount by the Client that shall be determined according to clause 2.4, within the period stipulated in the application, this Agreement shall be deemed unconcluded, and the application (order) of the Client shall be rendered null and void. However, money (incomplete payment) shall be returned to the Client.

3.1 vlasneUA shall:

3.1.1. Agree on the application for reservation with the Owner and provide the Client with corresponding confirmation. Agreement on the application is the Owner`s confirmation by providing vlasneUA with information on the possibility of providing the Place of temporary residence (accommodation) for the Client`s residence within chosen dates. After agreement on the application, the information on the Owner shall be provided to the Client.

3.2. The Client shall:

3.2.1. Make a timely payment for the services of temporary residence (accommodation) in the manner stipulated in clause 2.4 hereof.

3.2.2. Compensate for any damages caused to the Owner or place of residence (accommodation).

3.2.3. Make a timely and full payment for the use of additional services at the places of residence (accommodation).

3.2.4. Make payment for the services of temporary residence (accommodation) in accordance with the terms of payment systems used for payment operation. The Client shall familiarize himself with the rules of payment procedure. In this case, the Client shall be individually liable for non-delivery of payment and making of such payment (or in accordance with the rules of payment system).
The Client shall have the right to get:
– the range of services stipulated by this Agreement;
– an objective and full information on the status of order (application) in vlasneUA.

4.1. In case of late performance of obligations by the Client, stipulated in clauses 2.4, 3.2 hereof, vlasneUA shall not be responsible for late and/or incomplete performance of services hereunder, as well as for failing to provide services of temporary residence (accommodation) on the part of Owners.

4.2. The Client shall be responsible for correct processing and reliability of the information provided to vlasneUA, which is necessary for reservation of place for temporary residence (accommodation).

4.3. All claims for the services of temporary residence (accommodation) shall be brought by the Client directly to the Owner.

4.4 vlasneUA shall not be responsible for reliability of the information available in the proposals for temporary residence (accommodation) posted on vlasneUA website. Such information includes data on housing location, comfort level and amenities, availability of place of temporary residence (accommodation) for reservation on certain dates, as well as feedback on the places of temporary residence (accommodation) given by the Clients.

4.5 vlasneUA shall not be responsible for the condition of places of temporary residence (accommodation), as well as for compliance with the provisions of regulations on such places of temporary residence (accommodation).

4.6 vlasneUA shall not be responsible for errors in the Website operation, which may be a result of its technical malfunction or maintenance, as well as those caused by force majeure circumstances.

4.7 vlasneUA shall not be responsible for any errors in the operation of payment systems that are used by the Client for payment for temporary residence (accommodation).

4.8. The Client shall bear individual responsibility for payment of all taxes and fees which may be related to the Client`s fulfillment of his obligations hereunder or receipt of services of temporary residence (accommodation) from the Owner.

5.1. The Parties shall resolve all disputes related to implementation hereof by means of negotiations, and in case of failure to resolve the disputes, it shall be made in court according to relevant procedure.

6.1. The Agreement comes into force from the moment of its signing by the Parties. Validity of the Agreement shall be terminated by fulfillment by the Parties of their obligations according to its terms or by mutual agreement of the Parties.

6.2. The Client and his authorized persons who signed this Agreement confirm that all personal information of the Client and his authorized persons stipulated in this Agreement and application is correct, agrees that vlasneUA has the right to process all personal information of persons specified in this Agreement and application for reservation, to send personal information to the third party for provision of services hereunder, including to the Owners, as well as to use personal information for sending commercial messages and offers. The Client and his authorized persons confirm that they are informed that personal information is included in vlasneUA database, about their rights, procedure for obtaining information and database location.

6.3. Terms hereof may be altered by vlasneUA without notifying the Client, by posting new version of the Agreement or supplement to the Agreement on vlasneUA website.

6.4 vlasneUA is a payer of single tax of the 2nd category at the rate of 20 % (VAT excluded).

6.5 vlasneUA shall inform the Client on information stipulated by this Agreement via phone and e-mail. The Client confirms that he bears all risks related to inability to inform the Client via communication means above.

6.6 vlasneUA has the right to use e-mail address of the Client for regular mailing of advertising, informational and entertaining letters. However, the Client shall have the right to refuse the mailing anytime.

6.7. Entering into this Agreement, the Client confirms that acts voluntarily, on his own will, he has a signatory authority on behalf of all persons acting with the Client, that he and the persons acting with him are informed on all information.

Contractor​ : ​ Individual entrepreneur Mykola Mikhaylovich Marchenko​, identification number 2826409956, location address: 21 Simirenko Str., Kyiv, 03134, c/a IBAN: UA133007110000026001060777816​ in PRIVATBANK, MFO ​ 300711​ , a payer of single tax of the 2nd category at the rate of 20 %, VAT non-payer, phone: 0503015051

Client (customer)​: I and the persons who will reside and are residing with me, agree with and are obliged to comly with all the terms indicated in this Agreement. I (we) have received all necessary, available and correct information on terms of services hereunder.