OFFER AND POLICIES AGREEMENT FOR THE PROVISION OF HOTEL SERVICES

 

Hotel "MANHATTAN HIGH LINE APART" is hereinafter referred to as the "Executor", on the one hand, and any person or his authorized representative, who joins this contract in the manner specified by this contract, is hereinafter referred to as the "Customer", on the other hand, hereinafter "Parties", in accordance with the requirements of Art. 633 of the Civil Code of Ukraine, concluded this agreement on the following:

 

1. TERMS AND CONCEPTS

1.1. A public offer contract for the provision of hotel services is a contract according to which the Contractor undertakes the obligation to provide hotel services to anyone who applies to him, while the terms of this contract are set the same for all Customers, except for those who are provided by law relevant benefits. The Contractor has no right to give preference to one Customer over another regarding the conclusion of this contract, unless otherwise established by law.

1.2. The contract of accession to the contract of public offer for the provision of hotel services is an agreement, the terms of which are established by the Contractor in the contract of the public offer for the provision of hotel services, which can be concluded only by joining the Customer to the proposed contract of the public offer for the provision of hotel services in general, through payment of the bill for the provision of hotel services, which was issued by the Contractor. The customer cannot offer his terms of the contract.

1.3. The moment of conclusion of the joining agreement is the moment when the Customer pays the invoice for the provision of hotel services, which was issued by the Contractor, and credits the indicated funds to the Contractor's current account. Persons who have booked a room, but have not made an advance payment, are considered to have only expressed their intention to enter into this contract.

1.4. Hotel service – actions (operations) of the Contractor to accommodate the Guest 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 Hotel Guests.

1.5. Consumer (Guest) is a natural person who purchases, orders, uses or intends to purchase or order goods, works, services for personal (household) needs. Hotel services can be ordered by one person for the benefit of another person or group of persons.

1.6. A group of guests is a group of 10 (ten) or more people who arrive and leave the hotel at the same time (that is, during the billing day).

1.7. Room – a separate furnished room consisting of one or more rooms equipped for temporary accommodation.

1.8. Reservation - advance order by the Customer of basic and/or additional services of the hotel in a certain amount, with the purpose of using the services in the stipulated time by a specific consumer or group of consumers.

1.9. Confirmation of booking – written confirmation by the hotel regarding the fulfillment of the ordered and stipulated list of basic and additional services in accordance with the application.

1.10. Cancellation - refusal of booked services.

1.11. Non-refundable rate - the fixed price of basic hotel services, which is applied by the hotel for mandatory prepayment of the full cost of accommodation according to the reservation, which is not refundable in case of cancellation or non-arrival of the Guest (group of Guests) to the Hotel.

2. SUBJECT OF THE AGREEMENT

2.1. In accordance with the procedure and under the conditions specified in this contract, the Contractor undertakes to provide the Customer or third parties specified by the Customer in accordance with the reservation with hotel services, namely: services for temporary accommodation and temporary accommodation in the hotel "MANHATTAN HIGH LINE APART", which located at: Ukraine, 04116, Kyiv, Beresteyskyi prospect, 11.

2.2. From the moment the Customer credits funds to the Contractor's account for the provision of hotel services in accordance with the issued invoice, it is considered that the Customer has joined this contract, agreed to all its terms and has no claims or comments regarding the conditions set forth in it.

3. RESERVATION PROCEDURE AND SETTLEMENT OF THE PARTIES

3.1. Reservation of rooms is carried out by providing the Customer with full agreement with this contract.

3.2. The room is reserved if the confirmation of the reservation from the Contractor has been sent to the Customer's e-mail.

3.3. After receiving confirmation and payment information when making a reservation at a non-refundable rate, the Customer is obliged to pay the Contractor services in the amount of 100% of the cost of accommodation according to the reservation. If the Customer does not make an advance payment, the reservation is considered invalid.

3.4. The reservation is guaranteed only if the services are paid in advance, in the amount of 100% of the cost of accommodation, according to the completed reservation, to the current account provided by the Contractor.

3.5. For Customers who make group bookings, payment for services may be delayed to confirm the booking. In this case, payment of 50 (fifty)% of the total cost of services must be made no later than 7 (seven) calendar days before the date of the scheduled arrival of the group. If the Customer does not make an advance payment within the above-mentioned period, the reservation is considered invalid. If a group reservation is made later than 7 (seven) calendar days before the date of the scheduled arrival of the group, then payment for services is made without delay of payment on the conditions of 100% advance payment.

3.6. Funds that were transferred from the Customer to the Contractor to confirm the reservation of accommodation at a non-refundable rate are not returned to the Customer in case of cancellation of the reservation or non-arrival of the Guest (group of Guests) at the Hotel.

3.7. Payment of commissions and interest related to the transfer of funds is made by the Customer.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The customer has the right to:

4.1.1. On your own initiative, make payments ahead of time with the Executor.

4.1.2. Refusal of the Contractor's hotel services without refund of the advance payment made when making a reservation at a non-refundable rate.

4.1.3. Demand from the Contractor the proper quality of the services provided and the proper fulfillment of the terms of this Agreement.

4.2. The customer is obliged to:

4.2.1. Fulfill the terms of this Agreement.

4.2.2. Familiarize yourself with and fully comply with the Rules for staying at the "Manhattan high line apart" hotel, set out on the website https://manhattan-high-line.com.ua/offer-and-policies/ and posted in an accessible place on the hotel territory. In case of violation of the Rules of Accommodation, the hotel reserves the right to refuse to provide services in full, without refund for services not received.

4.2.3. To pay for the booked services in a timely manner within the terms and in the order specified in this contract.

4.2.4. Not to demand a refund of the prepayment for booked hotel services, in case of cancellation of the reservation at a non-refundable rate or actual non-arrival of the Guest (group of Guests) to the Hotel.

4.2.5. To be responsible to the Contractor for compensation for damages in accordance with the provided invoice and act of property damage (damage).

4.3. The executor is obliged to:

4.3.1. Ensure high-quality provision of hotel services in accordance with the Rules of Residence at the Manhattan high line apart hotel and in accordance with the legislation of Ukraine.

4.3.2. Inform the Customer about the services provided at the hotel, and the form and procedure for their payment.

4.3.3. When providing services, comply with the conditions (requirements) specified in the reservation order provided by the Customer.

4.3.4. Be responsible for the completeness and serviceability of the equipment in the rooms, as well as for the quality of the room preparation for occupancy.

4.4. The executor has the right to:

4.4.1. The Contractor reserves the right, at its own discretion, to accommodate the Guest in another room of the same or higher level (category).

4.4.2. In case of destruction or damage to the property, the Customer shall be compensated for the damages caused to the hotel in full, in accordance with the approved price list (balance sheet).

4.4.3. Deny the Customer settlement or terminate the agreement (eviction) in cases of violation of this Agreement and/or the Rules of Residence at the Manhattan high line apart hotel.

5. LIABILITY OF THE PARTIES

5.1 In case of violation of their obligations under this contract, the Parties are responsible in accordance with the current legislation of Ukraine and the terms of this contract. A breach of an obligation is its non-performance or improper performance, that is, performance in violation of specified conditions.

5.2. In the event that the parties to this contract do not voluntarily reach an agreement on disputed issues, the interested party has the right to apply to the court.

6. FORCE MAJEURE

6.1. The Parties are not responsible under this contract, if the impossibility of their fulfillment of their obligations arose due to circumstances of uncontrollable force (force majeure circumstances), which do not depend on the will of the Parties and are outside their competence, which is subject to proof by the Party that refers to such circumstances . Such circumstances include, in particular, military events, natural disasters, strikes and other similar circumstances. The document confirming the circumstances of force majeure is a certificate of the Chamber of Commerce and Industry at the place of residence of the relevant Party.

7. OTHER TERMS

7.1. The relations of the Parties, which are not regulated by this contract, are subject to the norms of the current legislation of Ukraine.

7.2. The term of validity of this contract is determined by the Parties until the moment of full fulfillment of the obligations assumed, and in the part of settlement - until the moment of full settlement between the Parties.

The contract written in the Ukrainian language shall prevail