PUBLIC OFFER AGREEMENT

1. General

 

1.1. This agreement establishes rules for booking and accommodation in the TRUST apartment network facilities, as well as the rights and obligations of the parties, ie the Guest (hereinafter referred to as the Customer Agreement) and Apartment chain TRUST (hereinafter referred to as the Contractor Agreement), including the rules payment, terms of dispute settlement, limits of liability of the parties, and more.

 

2. Subject matter of the Treaty

 

2.1. The subject of the Contract is the short-term rental of apartments, as a result of online booking through the website www.trust.lviv.ua, through the sites of intermediaries on which the objects of the TRUST apartment network are published, as well as by telephone and any other communication channel through messengers and text communication .

 

2.2. The Contractor is obliged to make available to the Customer the apartments corresponding to the characteristics stated in the description of the announcement and for the period of calendar dates fixed during the booking process, and the Customer is obliged to pay the full amount of the reservation at the moment of receiving the apartment keys.

 

2.3. Booking by the Customer, both through the website and by other methods described in clause 2.1 of this Agreement, indicates the fact of acquaintance and agreement with the terms of this Agreement in full, regardless of the channel through which the reservation was made.

 

3. Booking and payment rules

 

3.1. Reservation is considered to be formalized from the moment the Contractor receives from the Customer a prepayment, the amount of which is measured depending on the length of the booked dates of stay, namely:

- the cost of one day in the case of booking a stay of less than 14 (fourteen) days;

- 30% prepayment in case of reservation of length of stay 14 (fourteen) and more days;

- 50% prepayment for reservations of 28 (twenty eight) and more nights;

- 100% advance payment in case of booking through the websites of intermediaries such as Airbnb.com, HomeAway, VRBO, Expedia and others.

 

3.2. The customer is obliged to pay the prepayment stipulated in clause 3.1 of this Contract immediately, but not later than within 24 hours from the receipt of the confirmation (for the reservation made by telephone or text communication channel).

 

3.3. At the request of the Contractor, the Customer must provide confirmation of the prepayment by sending a receipt, screenshot or by calling and providing the payment number.

 

3.4. The lack of prepayment referred to in clauses 3.1 and 3.2 of this Agreement shall be grounds for cancellation of the request and the reservation as a whole. To exercise this right, the administration of the TRUST apartment network shall immediately notify the Customer of the Customer and cancel the reservation or request.

 

3.5. The absence of full payment at the time of the transfer of the keys referred to in clause 2.2 of this Agreement shall be the basis for immediate cancellation of the whole reservation without the refund of funds paid as an advance payment pursuant to clause 3.1 of this Agreement. To exercise this right, the administration of the TRUST apartment network shall immediately notify the Customer and cancel the reservation.

 

3.6. In case when the Customer has made the reservation of the apartment on the day of check-in, at the request of the Contractor it is necessary to submit in any form (receipt, screenshot, PDF file) and on any medium (paper or digital medium) confirmation of payment of the reservation in full for the entire period of stay. If payment is not paid within 12 hours after receiving the apartment keys, the Contractor has the right to cancel the reservation immediately, and the Customer acknowledges the fact of these circumstances and agrees to leave the apartment or pay in cash or transfer to a corporate bank card TRUST apartment network price for booking the apartment in full.

 

3.7. The TRUST apartment network receives a security deposit from the Customer to ensure the integrity of the property from any type of damage. The amount of the insurance deposit is - 1000 (one thousand) hryvnia. For reservations during the holiday period (New Year, May and other periods of high demand) or for parties, the deposit amount is increased to 2000 (two thousand) hryvnia.

 

3.8. If there are no circumstances that cause the Contractor to collect the deposit in whole or in part in its favor, the insurance premium shall be returned to the Customer within 24 hours from the moment of the inspection of the property in the apartments for integrity and security.

 

3.9. If the staff of the Apartment Network detects the damage caused to the property after, or during a thorough inspection of the apartments, the insurance deposit paid by the Customer will be collected in the amount of the costs incurred or estimated to cover the damage received. If the amount of the deposit paid is insufficient to cover the losses, Zach the applicant is obliged to cover the difference between the amount of the damage caused and the amount of the insurance premium paid. The wording in this agreement does not limit the Contractor's right to recover compensation for damage to property in accordance with the general principles of law.

 

3.10. In case of prepayment or full payment by bank transfer, the payment is considered to be made from the moment of transfer of funds to the account of the TRUST apartment network.

 

3.11. The customer is obliged to provide the complete information required for booking (name, patronymic, telephone number, e-mail address), while confirming the correctness of the contact information.

 

3.12. Payment for the reservation, prepayment and, if necessary, payment of the insurance payment is made by the Customer by the method which is defined and exhibited by the administration of the TRUST apartment network.

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4. Cancellation and modification of booking conditions

 

4.1. The reservation can be canceled free of charge 28 days before the date of arrival. On public holidays, cancellation without penalty is possible 30 days before the date of arrival.

 

4.2. If the Customer cancels the reservation more than 14 days and less than 28 days before the date of arrival, the Customer will be refunded 50% of the reservation price in case of 100% prepayment. In case of prepayment in the amount of the cost of the first day, no refund will be given.

 

4.3. Funds will not be refunded if the reservation is canceled earlier than 14 days before the date of arrival.

 

4.4. In case of force majeure circumstances that make it impossible to stay in the apartments booked by the Customer for reasons beyond the control of the Contractor, the TRUST apartment network has the right to relocate the Customer to other apartments of the same or higher class, or to cancel the reservation in case when the Customer refuses or the Contractor is unable to provide an alternative accommodation.

 

4.5. In case of cancellation of the reservation, it is the fault of the Contractor, the latter is obliged to reimburse to the Customer the difference of the paid booking price, respectively, to the price of the apartment that did not live in the day of booking.

 

4.6. Changing the dates of stay or changing the address of the reserved apartments is possible only with the consent of the parties.

 

5. Accommodation rules

 

5.1. The calculation of the period of stay starts from 13:00 on the first day of booking and ends at 11:00 on the last day of the reservation.

 

5.2. Check-out after 11:00 am on the last day of the stay is possible only if the Customer has contacted the concierge or the TRUST apartment network administration no later than 12 hours before the departure time set by the booking and accommodation rules.

 

5.3. If the Customer leaves the apartment after 11:00 on the last day of stay without prior agreement with the administration of the TRUST apartment network, the Customer may be charged an additional fee of 1000 (one thousand) hryvnia, which may also be deducted from the amount paid by the Customer for the insurance premium. The customer, in turn, acknowledges the fact of these circumstances and agrees with the consequences of violation of the rules set out in clause 5.3 of this Agreement in full.

 

5.4. If the Client's luggage is in the apartments after 11:00 on the last day of stay without prior agreement with the administration of the TRUST apartment network, it will be withdrawn from the apartments for storage in the Contractor's office. Additional charge for violation of rules, transportation and storage of luggage is 1000 (one thousand) hryvnia, which can also be deducted from the amount paid by the Customer insurance premium. The customer, in turn, acknowledges the fact of these circumstances and agrees with the consequences of violation of the rules set out in paragraph 5.4 of this Agreement in full.

 

5.5. The customer is obliged to use the apartments in a way that suits their direct purpose, in particular by non-disturbing third parties, including people living in neighboring apartments. According to the Law of Ukraine "On Ensuring Sanitary and Epidemic Wellbeing of the Population", in the period between 22:00 and 8:00 in the morning, all the facilities of the TRUST apartment network operate in silence. A gross violation of the silence regime may cause a penalty of 1000 (one thousand) hryvnias to be collected from the Customer, this amount may be deducted from the amount paid by the Customer for the insurance premium. Also, in the case of repeated gross disturbance of the public peace there is an intervention of the security service of the TRUST apartment network followed by the immediate eviction of the Customer and his accompanying persons from the apartments without a refund of the accommodation paid. The Customer, in turn, acknowledges the fact of these circumstances and agrees with the consequences of violation of the rules set out in paragraph 5.5 of this Agreement in full.

 

5.6. On the day of check-in, the concierge hands the apartment keys to the customer directly at the apartment's location, or Zach the picker picks them up independently at the TRUST apartment network office at the reception desk (except when the location and method of issuing keys is negotiated individually). The Contractor shall not be liable to the Customer for any delays in the issuance of keys caused by the lack of notification of the arrival time of the Customer.

 

5.7. Early check-in is only possible after agreeing with the concierge or the TRUST apartment network administrator. According to the established rules, check-in takes place after 13:00 on the first day of booking.

 

5.8. Check-in from 22:00 to 10:00 in the morning is possible after prior notification and consent of the TRUST apartment network administration. The check-in time during these hours is called "Night check-in" and is subject to an additional payment of 250 hryvnias, which the Customer recognizes and agrees to pay. In exceptional cases, the Contractor may refuse to issue keys after 22:00.

 

5.9. On the day of check-in and the transfer of the apartment keys, the TRUST apartment network staff is entitled to require the Customer to present his / her identity card, passport or other document identifying the person to confirm the customer's personal data.

 

5.10. The maximum number of guests who can live in a particular apartment is reflected in the characteristics of the ads posted on the sites. Placing more guests than indicated in the reservation without the agreement of the TRUST apartment network is forbidden and in some cases may lead to an increase in the cost of the reservation or to the full cancellation of the reservation without refund of the payment made by the Customer and insurance premium. The customer, in turn, acknowledges the fact of these circumstances and agrees with the consequences of violation of the rules established in paragraph 5.10 of this Agreement in full.

 

5.11. The administration of the TRUST apartment network has the right to terminate the contract with the Customer immediately and irrevocably if the Customer or the persons accompanying him and being with him in the apartments behave aggressively, inappropriately, violate the rules of residence or behave in such a way that violates the public tranquility of third parties, including persons living in neighboring apartments.

 

5.12. All TRUST apartments are strictly non-smoking. In the event that the Customer or his accompanying guests violated the smoking ban, the administration of the TRUST apartment network has the right to levy a fine of 1000 (one thousand) hryvnia, which can also be deducted from the amount of the insurance premium. The Customer, in turn, acknowledges the fact of these circumstances and agrees with the consequences of violation of the prohibition set out in paragraph 5.12 of this Agreement in full. Smoking is only allowed in designated areas.

 

5.13. Accommodation in apartments with animals is possible only in case of prior agreement with the administration of the TRUST apartment network, as not all apartments of the network are adapted for living with animals. In the event that the Customer violates this rule, the administration has the full right to apply a fine of 1000 (one thousand) hryvnia, which can also be deducted from the amount of insurance premium. The Customer, in turn, acknowledges the fact of these circumstances and agrees with the consequences of violation of the prohibition set out in paragraph 5.13 of this Agreement in full.

 

5.14. Rental apartments for parties are only possible with the prior approval of the TRUST apartment network administration, as not all apartments of the network are suited for parties. Also, the cost of renting an apartment for this type of event is different from the cost of renting an apartment for living. In the event that the Customer breaks this rule, the administration has every right to apply a fine of 1,000 (one thousand) hryvnia, which can also be deducted from the amount of the insurance premium. The Customer, in turn, acknowledges the fact of these circumstances and agrees with the consequences of violation of the ban established in clause 5.14 of this Agreement in full.

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5.15. The customer is obliged to immediately notify the TRUST apartment network administration of any defects in the apartments. If the staff detects defects or damages as a result of intentional or unintentional actions of the Customer, the insurance deposit made by the Customer will be collected in the amount of expenses incurred or projected for the compensation of the damage received. If the amount of the paid deposit is not sufficient to cover the losses, the Customer is obliged to cover the difference between the amount of the damage caused and the amount of the paid insurance premium. The wording in this agreement does not limit the Contractor's right to recover compensation for damage to property in accordance with the general principles of law.

 

5.16. In special and justified cases the administration of the TRUST apartment network reserves the right to enter the apartments reserved by the Customer without first contacting the Customer.

 

6. Responsibility

 

6.1. The Contractor shall be liable for non-performance or improper performance of the Contract, if the occurrence of these circumstances is not the result of the actions or omissions of the Customer, or force majeure.

 

6.2. The Contractor is not responsible for the valuables that the Customer and his accompanying guests keep in the apartments of the apartment chain TRUST.

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6.3. The Customer is responsible for damage to the apartment caused by intentional, unintentional acts or omissions. The Customer is also responsible for the damage caused to the people who are with him in the apartments.

 

6.4. The Customer is not responsible for losses caused by force majeure.

 

7. Complaints

 

7.1. In case of non-compliance with the agreement on provision the Contractor shall submit all complaints to the administration of the TRUST apartment network in writing or electronically no later than 5 (five) days after the occurrence of the circumstances.

 

7.2. The administration of TRUST apartment network shall consider the complaint within 10 (ten) banking days after receiving it, which shall inform the Customer in the same form that the complaint was filed.

 

7.3. In case of refusal to accept the complaint, the Contractor is obliged to substantiate in writing or electronically the reasons for the refusal.

 

8. Final Provisions

 

8.1. In cases not provided for in this Treaty, the Parties shall be governed by the applicable law of Ukraine. Such rule shall also apply in case of contradiction of this Treaty to the imperative norms of the existing legislative acts.

 

8.2. The titles of the articles of this Treaty are used solely for the purpose of a clearer presentation of the content of its text and are not considered as independent provisions of the Treaty.

 

8.3. The transfer of apartments for the use of the Customer does not cause the transfer of the last property right to the dwelling to the latter. The owner of the apartments is the TRUST network of apartments, and the Customer uses them during the lease term under the conditions specified in the Agreement.

 

8.4. The Customer is acquainted with the conditions stipulated in the Law of Ukraine “On Protection of Personal Data” and agrees with the possibility of processing, updating, exchange and storage of personal data for the purpose of implementation of the Agreement.

 

8.5. The provisions of the Law of Ukraine "On the lease of state and municipal property" shall not apply to the relations of the Parties to the Agreement.

 

8.6. All disputes between the Contractor and the Customer will be resolved in accordance with the provisions of Ukrainian law by the court or other competent authorities at the location of the TRUST apartment network.