PUBLIC OFFER
Dear user of the website www.farvater.travel, please read this agreement carefully as it contains important information about your rights and obligations, as well as legal remedies. Please note that by clicking on the authorization method via email, phone number, or Facebook account, you acknowledge that you have read and agree to the terms of use of the website www.farvater.travel, and you accept the terms of the public offer. The use of the website www.farvater.travel in any form (including, but not limited to, placing tour orders using the website www.farvater.travel, participating in bonus programs, promotions, filling out applications, forms, etc.) constitutes your unconditional agreement to all the terms specified in this public offer and is equivalent to signing a contract by both parties. This public offer is mandatory for both parties. If you disagree with the terms of this public offer, you must refrain from using the website www.farvater.travel.
DEFINITIONS AND TERMS
1. Website - an online platform owned by the Website Owner and located at www.farvater.travel, through which a registered User can purchase the desired tour.
2. User (you) - an individual, a resident of Ukraine, who has reached the age of 18, fully capable, using this website and/or its individual tools, who has agreed to the terms of the Public Offer and has fulfilled all its conditions described below.
3. Buyer - a User who has placed an order on the website www.farvater.travel.
4. Site Administration - the administration of the online tour purchase service Farvater.travel, www.farvater.travel.
5. Agreement - this public offer, including all its terms.
6. Seller - a legal entity that places information about tours and/or services that can be ordered on the Website. The Seller can be both the Administration and any person whom the Administration has granted the right to post information about tours and/or services. The name of the Seller is indicated in the documents confirming the tour booking (tour operator agreement, tour operator confirmation, voucher, insurance policy, airline tickets).
7. Tour - a package of tour operator services, other intangible objects, information about which is posted on the Website.
8. Order - a User's request through the Website and/or by calling the hotline to the Seller to place an order for a tour, as well as a set of services specified in the User's order.
9. Payer - the person who pays for the User's order.
10. Recipient - the person specified by the Payer in the order form as the person authorized by the Payer to receive the service. Unless otherwise stated in the Order form, the Recipient is the Payer.
11. Offer - information about tours posted by the Seller on the Website, which includes information about services, price, payment and delivery methods, information about discounts and promotional offers, as well as other conditions for ordering a tour. The conditions of the Offers posted on the Website are set by the Seller. The offer is information about the possible conditions for ordering a tour.
12. Parties - the Seller, Buyer, User.
SUBJECT AND CONDITIONS OF THIS AGREEMENT
1.1. This Agreement regulates the procedure for the User's access to the information posted on the Website, the procedure for using the Website, as well as the possibility of providing such services to the User.
1.2. This Agreement is a public offer. By using the materials and tools of the Website, the User unconditionally accepts this Agreement. The User must fully read the terms of this Agreement before registering on the Website.
The User's registration on the Website means full and unconditional acceptance of the Agreement (in accordance with Articles 641, 642 of the Civil Code of Ukraine).
1.3. The Website is a platform for posting offers to sell tours by Sellers.
1.4. Information about tours is displayed on the website www.farvater.travel and is dynamic. This means that the information can be updated, changed, and supplemented by the Administration at any time without prior notice to the User. Any information about the Seller's product, promotion conditions, tour price, and any other rules for providing services by the Seller are displayed on the website www.farvater.travel. The Site Administration has the right to change the terms of this Agreement unilaterally at any time. Changes come into effect from the moment the new version of the Agreement is posted on the website www.farvater.travel.
1.5. This agreement can be concluded by legally capable Users who have reached the age of 14, taking into account the peculiarities provided for by Chapter 4 of the Civil Code of Ukraine. By accepting the terms of the agreement, you confirm your legal capacity and ability, assume the obligations arising from the use of the website www.farvater.travel, and the conclusion of this agreement.
1.6. The offer on the Website is not an offer. After reviewing the Offer posted on the website, the User has the right to accept the Seller's offer by filling out the Order form and/or placing an order through the Call Center of the Website. Filling out the Order form is considered acceptance of the Seller's offer by the User to order a tour on the terms specified in the relevant Offer.
1.7. The offer is considered accepted by the Seller if the Seller has performed actions indicating acceptance of the User's offer, namely: started providing services in accordance with the conditions stipulated in the User's offer, provided an invoice for the ordered services.
1.8. The Seller has the right to offer to order a tour on other conditions after accepting the User's offer. In this case, this offer is considered a counter-offer and can be accepted by the User. Acceptance of the counter-offer is considered the actual receipt of services by the User and/or Recipient under the conditions specified in the counter-offer. The Seller has the right to withdraw the counter-offer before the receipt of services by the Buyer.
1.9. The fact of agreement on all essential terms by the Parties is the payment and/or actual receipt of services by the Buyer.
1.10. The Parties agree that the sending by the Seller and/or Site Administration of any notifications about the availability of tours, order acceptance, price, terms, and payment methods, order status, and/or status changes sent by the Seller and/or Site Administration via email, SMS messages, telephony, is exclusively a notification of the Buyer about the receipt of the offer by the Seller and cannot indicate its acceptance by the Seller.
ACCOUNT REGISTRATION
— To use certain features of the Website, you need to register an account. If you register an account on behalf of an organization, company, or other legal entity, you guarantee that you have the authority to bind this company or legal entity to this Agreement and grant us all permissions and licenses provided by this Agreement.
— To register an account, the User can use their email address and create a password or provide their account on some third-party social networking services such as Facebook.
— The User is obliged to provide accurate, valid, and complete information during registration and to keep the account information up to date.
— The User may not register more than one (1) account without the permission of the Site Administration. The User may not transfer or otherwise transfer their Account to third parties.
— The User is responsible for maintaining the confidentiality and security of their Account credentials and may not disclose their credentials to third parties.
The User must immediately notify the Site Administration if they become aware of or have reason to believe that their credentials are lost, stolen, unlawfully appropriated, or otherwise compromised, as well as in the event of unauthorized use of the Account or suspicion of such use. The User is responsible for all actions performed through their Account.
2. Responsibilities of the Parties
2.1. As a User of the Site, you guarantee not to take any actions that violate the laws of Ukraine, international law, or actions that may disrupt the normal functioning of the Site.
2.2. The User is obliged to promptly inform the Site Administration about unauthorized access to the User's personal page by third parties. To inform, the User should contact the Support Service at the coordinates provided on the Site.
2.3. The User consents to the use and processing of their personal data in accordance with the current legislation of Ukraine.
2.4. By accepting the terms of the User Agreement, the User also confirms that they are familiar with and agree to the Site's privacy policy and the terms of this Agreement.
2.5. By accepting the terms of the User Agreement, the User confirms that they are legally competent and that there are no restrictions on their legal capacity.
2.6. Comments and other posts by the User on the Site must not contradict the requirements of Ukrainian legislation and generally accepted norms of morality and ethics.
2.7. Responsibility for monetary transactions carried out by Payers lies entirely with the banks and payment systems chosen by the User. The Seller does not take responsibility for the actions of Processing centers.
2.8. The Site Owner is not responsible for the operability of the equipment on which the site is hosted, the availability of the Site, the operation of data transmission channels, and other technical means for Users to access the Site.
2.9. The User is responsible for the accuracy of the data provided in the Order form. If incorrect, inaccurate, and/or erroneous data in the order leads to additional costs for the Seller, all related losses and expenses are borne by the User. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Payer as payment for the tour. The User is obliged to provide all necessary information for conducting an electronic transaction.
Content
— The Site Owner may, at their discretion, provide Users with the ability to create, upload, send, receive, and store content, including texts, photos, audio, video, and other materials or information on or through the Site ("Content"); view any content that the Site Administration or Sellers independently post on the Site, including the Site Owner's own content and content provided to the Site Owner under a license or allowed for use by the company ("Content", collectively with User Content - "Collective Content").
— Content and User Content may be fully or partially protected by copyright, trademark laws, and/or other laws of Ukraine or other countries. The User agrees that the Content, including all related intellectual property rights, belongs exclusively to the Site Owner and/or their Licensors or third-party owners. The User has no right to remove, alter, or conceal copyright notices, trademarks, service marks, or other protective rights that are part of the Site, Content, or User Content or related to them. All trademarks, service marks, logos, trade, and other designations used on the Site are trademarks or registered trademarks. Trademarks, service marks, logos, trade designations, and any other designations of third parties used on the Site are used only for identification purposes and can be used only by the respective owner.
— The User has no right to copy, adapt, modify, distribute, sell, transfer, publicly display, publicly perform, broadcast, transmit, or otherwise use the Site or Collective Content, or create derivative works based on them, except as explicitly provided in this Agreement or if the User is the lawful owner of certain User Content. No license or right is granted to the User implicitly or otherwise, under intellectual property rights belonging to or controlled by the Site Owner or their licensors, except for the licenses and rights expressly provided in this Agreement. Subject to the User's compliance with this Agreement, the Site Owner grants the User a limited, non-exclusive, non-transferable license to access and view any Collective Content provided on the Site to which the User has access, solely for personal and non-commercial use.
— By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Site, you grant the Site a non-exclusive, worldwide, royalty-free, perpetual (or for the term of protection) and irrevocable license with the right to sublicense to view, store, copy, adapt, modify, distribute, publish, broadcast, transmit, and use such User Content in any manner on any media and platforms, as well as to create derivative works based on it. To the extent that User Content (including verified photos) includes personal information, User Content will be used for the specified purposes only if such use complies with applicable data protection laws and our Privacy Policy. Unless otherwise permitted by you, the Site Owner does not claim any ownership rights to User Content, and no provision of these Terms may be construed as limiting any of your rights to use your User Content. You are personally responsible for all User Content you post on the Site. Accordingly, you represent and warrant that you are either the sole and exclusive owner of all User Content you post on the Site; or you have all the rights, licenses, consents, and permissions necessary to grant the Site Owner the rights to such User Content as provided in this Agreement. Neither the User Content itself, nor its posting, uploading, publishing, providing, or transmitting, nor the use of User Content or any part thereof as contemplated by this Agreement, should violate any third-party patent or copyright, trademark rights, trade secret, moral rights, or other proprietary or intellectual property rights, publicity or privacy rights, nor should it result in the violation of any applicable law or regulation. — You agree not to post, upload, publish, or transmit any User Content that is false, misleading (either directly or by providing incomplete or outdated information), or deceptive; defamatory, diminishes dignity; offensive, pornographic, or obscene; promotes discrimination, intolerance, racism, hatred, aggression, or harm against any person or group of persons; promotes violence and cruelty, contains threats, or encourages violence against any person or animal; advertises illegal or harmful activities or substances.
DISCLAIMER OF RIGHTS AND CLAIMS
— You use the Site and Collective Content voluntarily and at your own risk. The Site and Collective Content are provided on an "as is" basis, without any warranties.
— Our verification of the identity or reliability of any User to the extent permitted by applicable law does not constitute a guarantee that, as a result of the verification, any previous violations committed by Users will be identified, nor does it exclude the possibility of future violations.
— The above disclaimer applies to the maximum extent permitted by applicable law. You may have other rights provided by law. In this case, the extent of the mandatory rights and guarantees (if any) will be limited to the maximum extent permitted by law.
3. Other Conditions
3.1. All possible disputes and discrepancies arising between the Parties within this Agreement are subject to resolution according to the current legislation of Ukraine exclusively at the place of registration of the Site Owner. The recognition by a court of any provision of this Agreement as invalid does not invalidate the Agreement in the remaining parts and does not relieve the Site User from the obligations assumed upon registration.
3.2. The Site Owner has all rights to the Site as a whole and to the use of the network address (domain name) www.farvater.travel.
3.3. The User agrees that after completing the registration procedure on the Site, the Site Administration and/or the Seller will send emails and/or messages, including promotional ones, to the User's email address. At the same time, the Site undertakes not to disclose the email address or any other information about Users to third parties. The User has the right to opt out of such mailing independently.
3.4. By indicating the mobile phone number in the forms on the Site, the User automatically agrees to receive messages from the Site, including promotional ones. If the User intends to stop such mailings, they should contact the Site's technical support.
3.5. The User is prohibited from posting content prohibited by applicable law and/or contradicting the moral and ethical standards of the community.
3.6. The User Agreement constitutes the complete agreement between the Site Owner and you regarding the use and access to the Site, superseding and replacing all previous oral and written agreements and arrangements in this regard, except in cases of amending the Agreement by introducing additional rules, standards, norms, or conditions.
3.7. By placing an Order on the Site, the User voluntarily consents to the Site Administration collecting and processing (accumulating, storing, adapting, restoring, using, distributing, destroying) the data provided by them, namely: surname, first name, patronymic, email, phone, address, for the purpose of ensuring relations in the field of purchase and sale, consumer rights protection, advertising and marketing research, and also consents to the transfer (distribution) of their data to tour operators, other third parties (without limitation) at the discretion of the Site Administration. This provision is valid for 5 years from the date of the last order on the site.
3.8. The User has read and agrees with the terms of this Agreement.