Public offer
CONTRACT
PUBLIC OFFER FOR THE PROVISION OF HOTEL SERVICES
This Public Offer Agreement for the Provision of Hotel Services establishes the terms and procedure for the provision of paid accommodation services to individuals (hereinafter referred to as "GUEST" or "GUESTS") by providing apartments for temporary residence, as well as other services related to accommodation, temporary residence, meals, provision of entertainment and additional services addressed to an unspecified group of persons within the meaning of the Civil Code of Ukraine (hereinafter referred to as: "CUSTOMER" - used in the meaning of an individual or legal entity, including a tourist activity entity, which concludes a relevant agreement for the provision of hotel services on behalf of and in favor of the GUEST and makes payment under this agreement (provides guarantees for payment under this agreement), "CONSUMER" - used in the meaning of an individual who purchases, orders, uses or intends to purchase or order hotel and/or other offered services for his own needs), and is a public offer of LLC "GLACIER MANAGEMENT" identification code of the legal entity: 45290124, location of the legal entity: Ivano-Frankivsk region, Nadvirna district, Polyanytsia village, IVANO-FRANKIVSK region, Nadvirna district, Polyanytsia village, Vyshni plot, 654, (hereinafter referred to as the “HOTEL”) the text of which, together with the annexes, is posted on the official website https://glacierhotel.com.ua/faq/(("CUSTOMER", "CONSUMER" and "GUEST" together referred to as "USER"; "CUSTOMER" and/or "CONSUMER" and/or "GUEST" and/or "GUESTS" on the one hand and "HOTEL" on the other, together referred to as "PARTIES", and separately "PARTY"), enter into an Agreement for the provision of hotel services (hereinafter referred to as the "AGREEMENT") on the terms set out below:
1. GENERAL PROVISIONS
1.1. This Public Offer defines the terms of the contract in accordance with Article 641 of the Civil Code of Ukraine and is an official Public Offer addressed to an unspecified number of persons (hereinafter referred to in the singular as the “User”, or in the plural as “Users”, or in the singular as “Client” or “Consumer”, or in the plural as “Consumers”, or in the singular as “Guest”, or in the plural as “Guests”), to conclude an agreement on the provision of accommodation services to the User (provision of a room – a specially equipped room) for temporary residence and on the terms set out below.
1.2. Hereinafter, in the text of the Public Offer (Agreement), the Hotel and the User are collectively referred to as the “Parties”, and each individually as a “Party”.
1.3. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to conclude and perform the Agreement in accordance with its terms.
1.4. The text of the Public Offer (Agreement) is always posted on the Hotel's website.
1.5. The User consents to the disclosure to third parties of information arising in connection with the execution of this Public Offer (Agreement) and the User's receipt of services from the Hotel.
1.6. The User (Client, Consumer, Guest) instructs the Hotel to perform actions to collect, process, transfer and store the User's (Client, Consumer, Guest) Personal Data regarding the following categories of data:
∙ surname, first name and patronymic (if available);
∙ registration number of the taxpayer's registration card (personal code, pasel, etc.);
∙ details of the identity document;
∙ email address;
∙ address: country, region (state, district, canton, province, etc.), settlement, street, number
house, apartment number);
∙ language of use;
∙ bank account number;
∙ state registration number of the vehicle;
∙ payment order information;
∙ phone number.
1.7. The Parties fully understand that the above information is personal data, i.e. data used to identify the Consumer or his representative and agree that such data is stored by the Hotel and may, in the future, be used by them in accordance with the norms of the current Legislation of Ukraine for the implementation of business relations between the Parties. Personal data is protected by the Constitution of Ukraine and the Law of Ukraine "On the Protection of Personal Data". The rights of the Parties are regulated by Article 8 of the Law of Ukraine "On the Protection of Personal Data". Acceptance of the public offer means unequivocal consent to the above and confirmation that the Consumer (Client, User, Guest) is familiar with the content of Article 8 of the Law of Ukraine "On the Protection of Personal Data" and provides irrevocable consent to the storage, processing and use of personal data in accordance with the requirements of the current legislation of Ukraine.
2. PROPOSAL (PUBLIC OFFER) / SUBJECT OF THE CONTRACT
2.1. The subject of the Public Offer/Agreement is the provision by the Hotel to the User of accommodation services for a fee, by providing a room (specially equipped room) for temporary residence at the address of the Hotel, in a specially equipped residential premises (room) in accordance with the booking order.
A reservation order can be made in writing or orally, by correspondence, telephone call, on the Hotel's website, as well as in any other way that is not expressly prohibited by applicable law.
2.2. The Agreement is considered concluded and enters into force as an accession agreement from the moment the Client performs any action provided for in clause 3.4 of the Agreement, which means the latter's full and unconditional acceptance of all terms of the Agreement without any exceptions and/or limitations in accordance with Article 642 of the Civil Code of Ukraine. The Agreement for the provision of accommodation services concluded by the User by means of acceptance of the Public Offer has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to an agreement signed by the parties, and is considered such that the User has familiarized himself with and agrees with the terms of this Public Offer (Agreement).
3. PROCEDURE FOR CONCLUSION OF THE CONTRACT
3.1. This Agreement is public and is concluded between the Hotel and the User by accepting a public offer in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine.
The terms of this agreement are standard and are not subject to change at the initiative of the User, which corresponds to the features of an accession agreement (Article 634 of the Civil Code of Ukraine).
3.2. Acceptance of the Public Offer is the User's performance of any of the actions specified in clause 3.4 of the Agreement.
3.3. Acceptance of the Public Offer means the User's full, unconditional and unreserved acceptance of all terms and conditions of the agreement without any exceptions and/or limitations and is equivalent, according to Part 2 of Article 642 of the Civil Code of Ukraine, to the conclusion by the Parties of a bilateral written agreement on the terms set out in this Public Offer.
3.4. Concluding the contract means that the User:
– have fully read and agree to the rules of accommodation at the Hotel;
– acknowledges the unconditional suitability of the Hotel premises and the room provided by the Hotel, in particular for accommodation therein;
– accepts all the terms of this agreement without comments or objections.
3.5. In accordance with Article 642 of the Civil Code of Ukraine, the User confirms the fact of acceptance of the Public Offer in the event of performing any of the following actions:
– payment for temporary accommodation services by bank transfer based on issued invoices, or by bank card through the reception and accommodation service (reception);
– direct use of the Hotel services by the User (accommodation);
– filling out the registration form/questionnaire at the reception.
3.6. The User undertakes to independently enter (report) reliable personal data and information that correspond to reality when registering for the Hotel's services.
3.7. The acceptance period of this Public Offer is unlimited.
4. RULES FOR USING HOTEL PROPERTY
4.1. The Hotel provides the User with furnished rooms for accommodation, equipped with household appliances (TV, hairdryer, refrigerator, etc.), plumbing and other equipment. The Hotel rooms and common areas are insulated, have modern decoration, engineering networks, equipment, and complete set that meet all requirements at the time of commissioning.
4.2. The User must treat the Hotel's property with care, use the equipment for its intended purpose, and comply with fire safety requirements. In the event of damage to property, technical malfunctions, or emergencies (flooding, fire, broken glass, etc.), the Hotel Administration must be immediately notified.
4.3. When checking into the room, the User is given a key (plastic card), which he is obliged to return on the day of check-out. In case of loss of the key by the User, compensation is charged.
4.4. In the event of loss or damage due to the fault of the User to property (including towels, bathrobes, dishes, furniture, various inventory, etc.) located on the territory of the Hotel, the User undertakes, no later than the date of eviction from the Hotel, to compensate for the damage, the amount of which is determined in accordance with the prices indicated on the information stands, in the consumer corner, menu, price lists, price lists, other information documentation of the Hotel, and in the absence of such prices - by a commission consisting of: a security guard, reception administrator and any other employee of the Hotel on the basis of transparency and at the purchase cost of the lost or damaged property.
5. RESERVATION AND PAYMENT PROCEDURE
5.1. The Hotel's services are provided to the User on a paid basis in accordance with the terms of the contract and the tariffs/prices specified in the price list in the Hotel's information documentation and/or on the Hotel's website, taking into account the selected room category. The tariffs/prices for the Hotel's services and their list are determined and changed exclusively by the Hotel's sole decision. The cost of a specific service is determined at the time of acceptance of this offer.
5.2. The Guest has the right to book rooms directly by phone number listed on the Hotel's official website, online through the Hotel's website or through intermediaries.
5.3. For a successful booking, the following information is provided: exact dates of stay, number of people (adults and children; indicate the age of children), contact phone number and e-mail for correspondence.
5.4. After making a reservation, the Guest will receive a booking confirmation with a brief description of the Hotel's rules and an invoice for prepayment to the specified e-mail address or the phone number provided by him.
5.5. Payment for the reservation is made in the amount of the cost of the 1st (first) day of accommodation by bank transfer according to the invoice issued by the Hotel. The Hotel reserves the right to require the Guest to pay for the reservation in an amount greater than the cost of the 1st (first) day of accommodation during the periods of the Hotel's special promotions, during holidays, as well as in other cases established by the Hotel.
5.6. The right to receive/use the Hotel Services is granted after payment for the reservation, which must be made within 72 (seventy-two) hours, i.e. three days from the moment the Hotel issues the invoice. The Hotel has the right to provide the User with services without prepayment.
5.7. The hotel has the right to apply free prices and a discount system for temporary accommodation services. The price on the invoice is fixed and is not subject to additional discounts or promotions.
5.8. The Guest can pay for the remaining amount of services at the Hotel in any way convenient for him: in cash upon check-in, by cashless payment or by bank transfer.
5.9. Upon completion of the paid period of stay, the User is obliged to leave the room and vacate it of personal belongings and luggage no later than 12:00 Kyiv time (check-out time) of the last paid day of stay or pay for the extension of the period of stay in the room in the absence of a reservation for the specified room by third parties.
5.10. Check-in time at the Hotel starts at 15:00 Kyiv time. Early check-in and late check-out are additional services, which are paid for taking into account the selected room category according to the prices in the price list on the Hotel's website. Early check-in from 6:00 to 15:00 costs 50% of the daily rate, late check-out from 12:00 is paid in the amount of 10% of the daily rate for each additional hour. The local tax, tourist tax, is not included in the accommodation price and is paid additionally, in the amount of 13.40 UAH. per day, per person.
Early check-in and late check-out must be booked in advance.
6. HOTEL ACCOMMODATION REGISTRATION PROCEDURE. EARLY CHECK-OUT PROCEDURESUITABLE TERMINATION OF PLACEMENT SERVICES USER.
6.1. The User's accommodation in the Hotel is usually carried out on a pre-paid basis, according to the invoice issued, in accordance with the prices indicated on the official website of the Hotel. A hotel room is provided to the guest upon presentation of a passport or other document identifying the person (passport of a citizen of Ukraine, passport of a citizen of Ukraine for traveling abroad, diplomatic or service passport, crew member's ID card, seafarer's ID card, residence permit of a person residing in Ukraine but not a citizen of Ukraine, national passport of a foreigner or a document replacing it and a visa for the right to stay in Ukraine, birth certificate of minors under 16 years of age, driver's license, for military personnel - an identity card or military ID card, a certificate issued at the consumer's place of work, etc.), as well as a completed and signed guest registration card. Identification documents must be provided for each Guest staying in the room (including children). In the absence of the above documents, the User acknowledges that the receptionist has the right to refuse to provide temporary accommodation services at the Hotel.
6.2. In the event of the User's refusal of the booked service or a change in the start and/or end date of the service for any reasons beyond the Hotel's control, changes to the terms of the service at the User's initiative after payment shall be deemed as a refusal of the service, and the paid amount of 100% shall be withheld (charged) from the cost of the unused accommodation in favor of the Hotel.
6.3 Payment for services at the Hotel is made in cash, by Visa, Mastercard bank cards, by transfer, by non-cash payment by bank transfer, or through a payment intermediary.
6.4. To guarantee your reservation, you must make a payment in the amount of 1 night's accommodation and the tourist tax rate. In case of cancellation of the reservation less than 7 days before arrival at the hotel or in case of no-show, the amount of the prepayment is not refundable.
If you cancel your reservation 7 days before the arrival date, there will be no penalty, and if you cancel less than 7 days before the arrival date, there will be a penalty in the amount of the first day of accommodation (partial prepayment).
Non-refundable rate — online rate with full advance payment of the service, at the specified time from the moment of booking. Non-refundable rate includes breakfast.
The non-refundable rate is valid for advance booking and 100% prepayment of accommodation, and cannot be combined with other special offers and discounts. In case of cancellation, no-show or shortening of stay, there is no refund for this rate. The guest's stay is extended at the current rate in effect at the time of extension. Additional discounts do not apply to this special offer. When choosing a non-refundable rate, the guest automatically agrees to these rules
7. RIGHTS AND OBLIGATIONS OF THE HOTEL
7.1. The hotel is obliged to:
∙ provide the User with paid services in a timely, high-quality and complete manner;
∙ inform the User about the services provided on the territory of the Hotel and the form and procedure for their payment;
∙ ensure full compliance of the services provided with sanitary and epidemiological norms and rules;
∙ respond promptly to Users' requests regarding the provision of temporary accommodation services, taking measures to eliminate breakdowns and accidents in the Hotel rooms as soon as possible (if it is impossible to eliminate the accident or breakdown in the room, another room of a category not lower than that agreed on the day of arrival is provided);
∙ be responsible for the completeness and serviceability of the equipment in the rooms, as well as for the quality of preparation of the room for occupancy.
7.2. The Hotel is not responsible for money, belongings, and any other valuables left in the room, lost on the Hotel premises, or their loss for any reason.
7.3. The hotel has the right:
∙ enter the Hotel room to clean, change linen, check water supply and air conditioning systems or eliminate deficiencies in their functioning, as well as in the event of a violation by the User of the provisions of this Public Offer;
∙ in the event of the end (coincidence) of the User's paid period of stay at the Hotel, agreed with the reception and 100%, and/or the User's absence from the place of temporary residence for more than 30 minutes without payment, to independently clear the room of the User's personal belongings, while making a description of the property left by the User;
∙ if the User violates generally accepted norms of conduct more than twice, invite employees of the internal affairs bodies (police) to clarify the circumstances and establish the facts of such violations;
∙ terminate the contract for the provision of temporary accommodation services early, without refunding the funds paid by the User for temporary accommodation, with simultaneous forced eviction from the Hotel;
∙ Smoking of tobacco products, electronic cigarettes and hookahs in the rooms and on the territory of the entire hotel (corridors, halls, restaurant, etc.) is not allowed. For smoking in prohibited places, the Guest undertakes to pay compensation in the amount of 50% from the room rate per day for each violation.
∙ if the fact of the User, persons living with him or his guests being in a state of severe alcohol and/or drug and/or toxic intoxication or under the influence of psychotropic substances is detected, which is accompanied by a disturbance of public peace or has signs of hooliganism, call the police and refuse further accommodation without refunding the amount paid for the reservation;
∙ if the fact of storage without proper permits for storage or bringing weapons, explosive and flammable, corrosive, poisonous, narcotic drugs and other dangerous objects and substances is detected, call the police and refuse further accommodation without refunding the amount paid for the reservation;
∙ if a violation of public order rules, violation of the rules of accommodation in the Hotel, violation of the provisions of this Public Offer, or systematic (2 or more) substantiated complaints from other Hotel guests about violations of their rights and freedoms, call the police and refuse further accommodation without refunding the amount paid for the reservation.
8. RIGHTS AND OBLIGATIONS OF USERS OF HOTEL ACCOMMODATION SERVICES
8.1. The user has the right:
∙ use accommodation services and additional services in the manner specified in this Public Offer and in the rules of accommodation at the Hotel, other documents of the Hotel;
∙ receive complete and reliable information about the hours of access to the Hotel territory, the cost of services provided on the Hotel territory.
8.2. The User undertakes:
∙ unconditionally comply with the terms and conditions of this Public Offer;
∙ respect the rights of other Hotel guests;
∙ adhere to moral and ethical norms, refrain from using obscene language in
public areas of the Hotel;
∙ comply with the rules of accommodation at the Hotel, the rules for using the Hotel's infrastructure facilities, and the regulations for accessing them, which can be found at the reception and which are listed on the Hotel's website at the link https://glacierhotel.com.ua/faq/;
∙ protect the Hotel's property. In the event of loss or damage due to the fault of the User to property (including towels, bathrobes, dishes, furniture, various equipment, etc.) located on the hotel's territory, the guest is obliged to compensate for the damage within 3 calendar days, but no later than the date of eviction from the Hotel. The cost of the damaged property is determined by the hotel administration;
∙ comply with fire safety rules and rational (economical) use of electrical appliances and equipment of the Hotel.
9. ACCOMMODATION OF CHILDREN. ACCOMMODATION OF PETS
9.1. Children under 5 years old stay free of charge in the same room as their parents without providing an extra bed. For children over 5 years old and adults staying in an extra bed in the room, a fee is charged according to the hotel price list. You can find out the cost by contacting the hotel or through the booking module on the website
9.2. The conditions for receiving and accommodating groups of children accompanied by adults are regulated in each
in a particular case individually, by signing a separate agreement.
9.3. Pets are allowed for any number of days of stay of the Guest. Pets allowed in the hotel include only cats and small dogs, “non-fighting breeds” up to 9.5 kg in weight and up to 45 cm in height at the withers. Accommodation in the hotel is allowed only with dogs, except for the breeds specified in the document “List of dog breeds not allowed in the Glacier Hotel”.
When registering, you must fill out the document “Agreement on the obligations and responsibilities of a guest staying with a pet in the hotel”
Pets are allowed in the hotel in quantities of no more than two in one room.
Accommodation for each pet is paid separately.
9.4The cost of accommodation for one pet is 800 UAH/day. Payment is made upon check-in.
9.5. The accommodation price includes: a bed, a food bowl, a towel.
9.6. Guests who arrive at the hotel with pets must have a pet passport and a certificate from a veterinarian stating all vaccinations the animal has received.
9.7. The guest is fully responsible for the animal staying in the apartment.
The Guest undertakes to reimburse all additional costs associated with material or moral claims, including lawsuits, upon the first request of the hotel.
The Hotel reserves the right to terminate the agreement with a Guest staying with a pet in case of violation of the rules of residence or in case of aggressive, inappropriate, noisy behavior of the pet, as well as in case of complaints from other Hotel Guests.
10. FORCE MAJEURE
10.1. In the event of force majeure circumstances: floods, earthquakes, fires, which significantly affect the possibility of performing this Agreement, the parties are partially or fully exempted from performing their obligations under this Agreement.
10.2. The User accepts the terms of the Agreement during the martial law and in the post-Covid-19 pandemic period, and therefore in the future, if such circumstances arise as: war, military actions (regardless of the fact of the declaration of war), armed invasions of foreign troops, actions of enemy foreigners, military rule or usurpation of power, uprising of citizens of Ukraine against the usurpation of power by foreign troops, epidemics and pandemics, and other circumstances similar in their content are not considered force majeure circumstances.
10.3. In the event of force majeure circumstances, the Party affected by them shall be obliged to notify the other Party in writing no later than 3 (three) calendar days from the moment of their occurrence. The notification shall contain information about the nature of the force majeure circumstances and an assessment of their impact on the Party's ability to fulfill its obligations under this Agreement and on the terms of fulfillment of obligations, when possible. Subsequently, after receiving a certificate (conclusion) from the Chamber of Commerce and Industry of Ukraine on the fact of the occurrence of force majeure circumstances, the Party for which these circumstances occurred shall be obliged to provide the original of such certificate to the other Party within 5 banking days from the moment of receipt of the certificate.
10.4. Failure to notify or untimely notification of the circumstances and consequences of force majeure, as well as failure to provide or untimely provision of documents confirming the occurrence of force majeure, deprives the Party of the right to further refer to them.
11. OTHER TERMS
11.1. It is prohibited on the hotel premises:
∙ remove dishes, cutlery, food and drinks from restaurants without prior approval from the restaurant administration;
∙ bring and store in the hotel (room) substances, materials and objects that are dangerous to human life;
∙ leave unauthorized persons in the room (persons who did not fill out and sign the guest registration card), as well as hand over the room keys to them;
∙ use electric heating devices that are not included in the room;
∙ use hotel equipment and rooms for purposes other than their intended purpose;
∙ disturb the peace of guests after 10:00 PM and before 8:00 AM;
∙ bring and store firearms, gas, pneumatic and other types of weapons, special means, ammunition, devices and cartridges for them on the hotel territory. If the Guest has weapons, special means, ammunition and cartridges for them, the hotel has the right to refuse check-in.
11.2. In the event of more than two violations, or a single gross violation by the guest of the rules of conduct and/or obligations specified in sections 7-8 of this Public Offer, the hotel administrator has the right to refuse the guest further provision of temporary accommodation services, and therefore stay on the territory of the Hotel, with the mandatory drawing up of a relevant act and, if necessary, with the involvement of law enforcement officers.
11.3. Users acknowledge the Hotel's right not to provide temporary accommodation services to persons who:
∙ in the opinion of the administrator, are in a state of severe alcohol and/or drug and/or toxic intoxication or under the influence of psychotropic substances;
∙ without the consent of the administration and without proper permits, they store or bring weapons, explosive and flammable, corrosive, poisonous, narcotic substances and other dangerous objects and substances;
∙ did not provide identification documents;
∙ intend to occupy a room with a larger number of people than the corresponding room category allows.
12. DISPUTE RESOLUTION.
12.1. In case of complaints, the User must provide: a complaint, a check (receipt, etc.) to the Hotel, a document with the Hotel's mark confirming the violation of the terms of service, documents confirming actual losses. Complaints and all necessary documents are provided to the Hotel no later than 14 days from the date of completion of the service. All complaints are considered by the Hotel only if the Hotel was informed of the violation of the terms of service in advance so that they can be eliminated within the next 12 hours.
12.2. The hotel considers the received complaint within 20 days.
12.3. Complaints filed in violation of the requirements of the Public Offer (Agreement) will not be considered.
12.4. If the dispute cannot be resolved through negotiations, it shall be resolved in accordance with the procedure provided for by the current legislation of Ukraine.
13. HOTEL (CONTRACTOR) DETAILS
LLC
GLACIER MANAGEMENT
Legal entity identification code persons:
45290124
Location:
Mailing address: Ukraine, 76018, Ivano-Frankivsk region
Ivano-Frankivsk district, city of Ivano-Frankivsk
Hrushevskoho Street, building 22A/7.
Banking details:
P/R UA693204780000026008924943719
in JSB "UKRGASBANK", bank code (MFI) 320478
Tel. +38 (098) 259 80 90
Email: admin@glacier.com.ua