Public offer contract (OFFER)
for the purchase of tickets for event
This document (hereinafter referred to as the “Offer”) is the official public offer of the company LLC “BCA” (hereinafter – the Organizer) to conclude a contract for the sale of tickets to the event under the following conditions (Part 1 of Article 642 of the Civil Code of Ukraine). The contract is concluded between you (the user of the site https://aviaforum.eu/ukr/ or the buyer of the tickets) and us – the company LLC “BCA” . The name of the direct service provider (the parties to the contract) is recorded in the invoice for payment of tickets.
The offer to conclude the contract is addressed to an unlimited number of individuals and legal entities (hereinafter – the Buyer). Any legal entity and individual over the age of 18 interested in attending an event of LLC “BCA” may accept the offer (if the offer is accepted on behalf of the organization, the representative of the organization shall have sufficient authority). The relations of the parties are governed by this Contract and the provisions of the legislation of Ukraine.
“Organizer” – LLC “BCA” that organizes the event, as well as booking, selling and issuing tickets for Event;
“Buyer“ – an individual (s) or legal entity (ies) that purchases a ticket for Event on the basis of this Offer;
“Event” – “Ukraine Aviation Forum”, which will be held on June 4-5, 2020, at the following address: Velyka Zhytomyrska street, b.2A, Kyiv city, InterContinental Kyiv Hotel, check-in time starts at 8:30 AM. Visiting the event is possible only by presenting a ticket in electronic or hard copy;
“Ticket” – an electronic document certifying the Buyer’s right to visit the Event and containing all necessary information about the Event, the participant’s package and certifying the right to enter the Event;
“Nominal Ticket Price” – the price of visiting the Event, set by the Organizer for all Buyers;
“Order” – one or more Tickets for one Event, selected by the Buyer with a unique identification number (Order number);
Other terms not defined in this section may be used in this Offer, but in this case such terminology shall be construed in accordance with the text of this Offer and the customs of business.
- GENERAL PROVISIONS
2.1. The valid offer shall regulate the conditions and procedure for the sale of tickets and obligations arising therefrom from the Organizer and the Buyer.
2.2. Tickets are sold to the Buyer on the terms of this Offer and only in the case of its full and unconditional acceptance. Partial acceptance, as well as acceptance on other terms is not allowed. Payment by the Buyer of the ticket on the terms offered in this Offer indicates acceptance of the offer (conclusion of the contract).
2.3. The Organizer has the right to make alterations to this Offer at any time, but in any case, such alterations are published and made known by posting the offer text in a new version on the Organizer’s website on the Internet at: https: // aviaforum.eu/eng/. Ordering and paying for a ticket after making alterations to the Offer text means accepting the Offer, taking into account the alterations made.
2.4. The terms of this Offer are valid for both Parties, for Buyers who purchase tickets and for the Organizer and are independent from the form of payment.
- SUBJECT OF THE CONTRACT
3.1. The subject of this Offer is the purchase and sale of tickets to the Event. The Organizer is solely responsible for the proper conduct of the Event and delivering a ticket to the Buyer.
3.2. In accordance with the provisions of the Law of Ukraine “On Protection of Personal Data” No. 2297-VI of 01.06.2010, the Buyer acknowledges and agrees to provide the Organizer with its personal data, as well as personal data of third parties, indicated by the Buyer, which were received by the Organizer in the process of ordering a ticket (Order), namely: last name, first name, contact phone number, position, company name and email address. The processing of the Buyer’s personal data is carried out in accordance with the legislation of Ukraine. The Buyer consents to the collection, processing, storage, systematization of its personal data in order to fulfill the obligations under the contract, as well as to send advertising messages about other products and services of the Organizer. The term of usage of the provided personal data is perpetual.
- ACCEPTANCE OF THE CONTRACT
4.1. Before accepting the offer, the Buyer shall be sure that all the terms of this Offer are clear to the Buyer and the Buyer accepts them unconditionally and in full.
4.2. The Buyer accepts the provisions of this Offer by making an order (by phone or e-mail) and paying for a ticket.
4.3. Full or partial payment of the order (tickets) by the Buyer according to the details provided by the Organizer means full and unconditional acceptance by the Buyer of all terms of the offer without any exceptions and (or) restrictions, and equates to the conclusion of a written contract (clause 2 of Article 642 of the Civil Code Ukraine).
- PAYMENTS ORDER
5.1. The Buyer has the right to pay for the Tickets in any of the ways offered by the Organizer. Detailed information about the calculation procedure is provided by phone or e-mail.
5.2. The payment is acknowledged to have been made at the moment of the payment of funds to the Organizer’s settlement account.
5.3. In case of payment by bank card, the Buyer is obliged to use a bank card issued in the name of the Buyer.
- TRANSFER OF TICKETS
6.1. Upon receipt of the payment, the Organizer sends to the Buyer’s e-mail, specified at the time of ordering, a letter with an electronic Ticket, which shall be submitted to the administration upon entering the Event in electronic or hard copy. The ticket entitles the persons specified in the order to visit the Event.
- CANCELLATION OF THE ORDER
7.1. Cancellation of the Buyer’s order occurs in the following cases:
– refusal of the Buyer to place an order;
– absence of payment for the order within the final payment date specified in the invoice, provided that the payment shall be made on the card or on the details.
- RETURN OF FUNDS
8.1. Unconditional refund of the ticket price to the Buyer is made only if the Event is canceled. The Organizer does not return fees for payment systems and banks.
8.2. To process a refund, the Buyer contacts Customer Support by the phone or email listed in the Offer.
8.3. The Organizer guarantees full or partial refund to the Buyer (Customer) in case of receiving the Buyer’s written notice of refusal / inability to participate in the Event.
8.4. The amount of refunds and deductions depends on the time of the Buyer’s return request. If the Buyer has requested a refund:
(A) no later than 45 (forty-five) calendar days before the Event start date – the Organizer makes a full refund of the nominal ticket price;
(B) 44 (forty-four) and less than calendar days before the Commencement date of the Event – full or partial refund shall not be made and such cancellation shall be considered as a breach of contract.
8.5. In case the Buyer refuses with a breach of the terms or the established order of refusal to attend the event, the full or partial refund is not made, and such refusal is regarded as a breach of contract.
8.6. By making the payment, the Buyer confirms and agrees that the procedure and grounds for the refund of the ticket are fully understood by the Buyer.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. The Buyer has the right to:
9.1.1. Receive information on ticket sales rules, available Ticket categories (participation packages), event attendance rules, and other event information owned by the Organizer.
9.1.2. Choose the method of payment for the ticket from the one offered by the Organizer.
9.1.3. To send feedback on the Organizer’s work on the Organizer’s contacts.
9.2. The Buyer is obliged to:
9.2.1. Read in detail all the terms of this Offer before the ticket is paid, as well as read the rules of the Event.
9.2.2. When placing the Order, provide the necessary correct, accurate and complete information about the participants specified in the Order. The Buyer is responsible for the minor children in whose interests the Buyer is acquiring Tickets.
9.2.3. The Buyer acknowledges that it is fully responsible for the data communicated to the Organizer (its employees). The Buyer acknowledges that it has no claim to the Organizer and its staff for information provided incorrectly.
9.2.4. Follow the Rules of the Event.
9.2.5. Pay the full amount of the ticket in due course.
9.3. The Organizer has the right to:
9.3.1. Require the Buyer to follow all the procedures for making and paying for the Order according to the rules set out in this Offer, as well as on the Organizer’s website.
9.3.2. If the Buyer does not agree with the terms of the offer, refuse the Buyer a ticket. The Organizer is not responsible for the malfunctions of the communication channels through which the Buyer contacts the Organizer (his official representative).
9.3.3. Modify any software of the Organizer’s website, terminate the software, which ensure the functioning of the site, in the detection of significant faults, errors and failures, as well as to prevent measures and unauthorized access to the site.
9.3.4. Set and change the nominal value of tickets unilaterally and at any time.
9.3.5. Require the Buyer to pay the ticket in full in due course.
9.3.6. Independently establish the contents of the Event and the regulations of the Event (program of speeches) by posting them on the website at: https://aviaforum.eu/eng/. At the request of the Buyer, the information provided may be further sent to the Customer by email. The Organizer reserves the right at any time to supplement, modify the program of the Event at its own discretion.
9.3.7. The Organizer has the right to require the Buyer to comply with the regulations of the Event and the rules of the Event, as well as the requirements of fire safety, public order and other mandatory rules.
9.3.8. To refuse the Buyer a ticket or access to the Event in case the Buyer violates the terms of the Offer.
9.4. The Organizer is obliged to:
9.4.1. Provide Buyer with necessary information about the Event, its contents, conditions of participation, categories and ticket price.
9.4.2. Provide Buyer instructions for making, paying and receiving a ticket. The information provided by the Organizer’s employees to the Buyer by e-mail and the information posted on the Organizer’s website https://aviaforum.eu/en/ is considered as complete information.
9.4.3. Do not use the Buyer’s personal data to send materials that are not related to the Organizer’s products and services and do not transfer personal data to third parties.
- RESPONSIBILITY OF THE PARTIES
10.1. In the event of non-performance or improper performance of their obligations under the Contract, the Parties shall be liable in accordance with the procedure indicated by the Contract and applicable law.
10.2. The Organizer is not responsible for the non-compliance of the Event with the expectations of the Buyer and / or its subjective assessment. The advice and recommendations provided to the Buyer (Customer) cannot be considered as warranties.
10.3. The Buyer (Customer) assumes all possible commercial risks associated with its actions to make mistakes and inaccuracies in the information provided by Buyer (Customer).
10.4. The Organizer shall not be liable for any damages and non-pecuniary damage incurred by the Buyer as a result of misunderstanding or misunderstanding by the Buyer of the information on the procedure for execution / payment of the Order, as well as receipt and use of the Services.
10.5. If for any reason the Organizer does not start providing services or services will be rendered in violation of the terms, the Organizer’s liability for the breach of contract shall be limited solely to:
– extension of the terms of service or
– rendering of services in new terms until the Organizer fulfills obligations under this Contract.
10.6. The Organizer’s aggregate liability under this Contract for any claim or claim shall be limited to the amount of payment paid by the Customer under this Contract.
10.7. The Organizer is not responsible for the preservation of the Buyer’s personal belongings and property during the Event.
10.8. The Organizer is not responsible for any adverse consequences arising from the Buyer’s violation of the rules of participation, fire safety rules and other mandatory rules.
10.9. The Buyer is responsible for causing damage to property of the Organizer and property of third parties located at the venue of the Event.
- FORCE MAJOR
11.1. The Parties shall be released from liability for full or partial non-fulfillment of their obligations under the Contract, if such non-fulfillment was the result of circumstances of force majeure (force majeure circumstances), ie extraordinary and inevitable circumstances in these conditions.
11.2. The circumstances of force majeure include, but are not limited to, natural disasters, hostilities, epidemics, strikes and riots, statements, actions, acts and decisions of executive and local governments, as well as failures that occur in telecommunications and energy networks. The existence of force majeure circumstances is confirmed by a corresponding document issued by the Chamber of Commerce and Industry of Ukraine.
11.3. The terms of performance by the parties of the obligations may be postponed or modified in accordance with the time within which the force majeure circumstances and their consequences impeding the performance of this contract are in force.
- DURATION OF THE CONTRACT
12.1. The Contract shall come into force from the moment of acceptance of the offer and shall remain in force until the parties fulfill their obligations under the Contract.
12.2. The Contract may be terminated early, in cases indicated by the current legislation.
- CLAIMS, DISPUTES AND THE ORDER OF THEIR Settlements
13.1. All claims arising out of a Contract concluded under the terms of this Offer shall be made in writing within five days of their occurrence. After the expiration of the specified period, the Organizer’s claims are not considered.
13.2. All disputes arising from the implementation of this Contract shall be settled by the parties through negotiations. If disputes are not settled by negotiation, they shall be settled in accordance with the current legislation of Ukraine, at the location of the Organizer.
14.1. The offer is valid from the moment of its placement on the site at https://aviaforum.eu/eng/ and is valid until the offer is withdrawn by the Organizer.
14.2. If any of the terms of the Offer becomes invalid or is contrary to applicable law, such provision shall be replaced by a similar one, which is as much as possible consistent with the original intentions of the Parties. The invalidity of certain provisions of the Offer does not mean the invalidity of the Contract as a whole.
14.3. Upon termination of theContract, the Parties shall ensure that the obligations regarding confidential information and other restricted distribution information are properly maintained and fulfilled for a period of two years from the date of conclusion of the Contract.
BANK DETAILS of the ORGANIZER
EDRPOU (identification code) 42809911,
01001, Kyiv, Mikhailovskaya St., b. 18A , of. 39,
UA343220010000026000420000265 in JSC “UNIVERSAL BANK”, MFO 322001,
General taxpayer, not VAT payer
E-mail address: email@example.com
Director Kravchenko Olexei Olexandrovych, acts on the basis of the Charter.