The Executor who acts on Law basis offers to sign this public offer contract (further – Contract) of providing the car rental services and auxiliary ones on the Internet-site of car rental www.autoprokat.net.ua (further Web-site).
This is the public offer contract and, according to the articles 633, 641 Civil code of Ukraine, its conditions are the same for any user, accepting unconditional services (the payment in any way according to part 2, article 642 Civil code of Ukraine) considers the accept of the present Contract between the Company and the Executant and proves the fact of its signing.
The Contract is a mixed one, as it consists of several contracts conditions.
The Executant is a legal or a physical body entrepreneur, who provides car rental services and the services of making an order, booking and booking service of car rental on the website, that are in the contract.
The Orderer – is a physical or a legal body (the representative of the legal body) who agrees with the conditions of the present Contract with an aim to get the services of car rental and / or booking and paying for the booking, car rental and other services for the Driver / Client in accordance with the terms of the present Contract.
The Parties – are a complex of naming the Orderer and the Executant.
The Driver / Client is a body who is in the car rental contract and / or signing the rental contract with the Orderer of car rental and who gets a car according to the transfer and acceptance act. The Driver / Client may be as a body who makes an order on the Web-site (The Executant), and a body who is mentioned as a Driver / Client while making the car order and that gave his passport data, driver`s license other documents that are needful for signing the car rental contract and which are in rental conditions on Web-site. The Driver / Client and the Orderer may be one body, when the Orderer makes an order on the Web-site by him / herself and for him / herself.
The Car rental Company – is a legal or a physical body who has register documents and a permission for carrying out activities on offering to take the cars in the rent. The car rental company straightforwardly signs the car rental contract with a Client / a Driver or an Executant and the transfer of car is made to the last mentioned about which the contract and transfer and acceptance act are signed. Car rental company and the Executant may be one body when the Executant takes straightforwardly the car rental orders but also executes them and meets the criteria of the car rental Company that is mentioned in the present contract.
The Owner – is a legal or physical body that is an owner or a disposer of the vehicle that will be given in the rent to the Orderer, Driver / Client according to the order made by the Orderer. The car rental company and the Executant may be one body if the body meets all the criteria that are in present contract, i.e. takes the orders and is an owner of the vehicle taking for a rent and with his / her own forces gives the car to the Orderer, Driver / Client according to the rental contract and transfer and acceptance act.
The Services - is an availability given by the Executant to book car rental services, ordering auxiliary services on the Web-sites and other consultant and information services.
The order Blank – is a document that the Orderer gets after making a successful order of car rental on the Web-sites that contains order data: a unique number of order, car class and / or model, car mark, date of making the order, rental period, date and place of receiving and returning the car , the car rental cost and the deposit cost for a car, surname and name and other data of the Driver / Client, the Orderer of the car, who will get a car and will sign rental contract.
The order blank does not give a right on receiving the car in case if the driver has presented the original of the passport and the driver`s license as well as giving expired documents or the documents with which he / she must not drive the vehicle on the territory of the country where the order has been made, transferring the right to drive by the Executant / Owner / car rental Company and when there is no payment for the car rental services and deposit at the Driver / Client / Orderer.
The car rental contract – a public contract that is signed between the car rental Company from one side and the Orderer and the Driver / Client and / or Orderer.
Web-site is a software of the Executant, that is on the Internet on the address www.autoprokat.net.ua.
Requisites of the Executant for paying the money – data of the account, ban card, e-purse that belongs or / and are in the under control of the Executant. The full data are sent to the executant on the e-mail, on mobile phone, in the message or invoice on the phone to prevent frauds` actions from the third party and the mentioned requisites must belong to the Executant.
The commission fee on the executant`s requisites – while making the payment of the Executant`s requisites, the commission fee must be made according to the terms of the contract between the Executant and the body who provides the services, connecting with making payments: acquiring, bank services, other services that made the ability to make the monetary funds on the account / requisites of the executant while paying the order services.
2.1. According to the present Contract, the Orderer gives and the Executant takes the liabilities of providing the services of making car rental orders on the Web-sites.
2.2. The services considered as provided one by the Executant and is taken by the Orderer in full amount from the moment of making payment by the Orderer on the requisites of the Executant.
2.3. Agreeing with the terms of the present Contract the Orderer confirms that he carefully read all the points of the present Contract and the information that is on Web-site, exactly:
2.4. Agreeing with the Contract terms, the Orderer confirms his legal capacity and capability, including the fact that he is 18 years old (for physical bodies), the legal use of the bankcard for making payments (in case if he / she pays for services with the help of it), as well as he /she understands the liabilities that he /she will get after signing the present Contract.
2.5. Agreeing with the terms of the Contract, the Orderer confirms the data have been filled in the proper way concerning the Driver / Client and his / her own on the Web-site.
3.1. The Executant`s services of making the payment, formalizing the contract on the car rental are given on account of commission and are paid in the following way:
3.1.1 By the car rental company and / or the Owner, in case if the Executant makes it, the car rental Company and the Owner are not the one body and in case if the Orderer, Driver / Client receives the car from the car rental Company, or from the Owner on the earlier made order on the Internet-site of the Executant, about which the car rental Company and / or the Owner from one side and the Orderer and / or the Driver / Client from another side have signed the car rental contract and the car is given by the transfer and acceptance act. I this case, the repayment to the Executant is paid by the car rental Company and / or the Owner in the amount that is in the contract signed by him / her and the User.
3.1.2 By the Orderer at the expense of the made prepayment for car rental while making the order or while concluding to make the car rental order at the expense of the made prepayment according to the order Blank with the help of the bankcard, an account, the payment with electronic funds transfer, with cash or in any other way, while making the order on the Web-site and / or in the set term, it is allowed in accordance with the conditions of making payment, that are on the Web-site or send with the help of e-mail.
3.1.3 By the Orderer, Driver / Client when he /she refuses from the order, with the violation for a free refusal from the order, if such an order have not been paid on the Web-site or in any other way by the Orderer / Driver / Client. The payment is made in the amount that are in rental conditions on the Website.
3.2. While paying the order, from the Order may be kept the payment fee by the bank, enterprise, that present the payment services and / or the Orderer must compensate the Executant the payment fee that was kept by the bank from the last one mentioned, where the Executant is serviced by, that are in the rental conditions while making the payment.
3.3. The return of the monetary funds if the refusing have been made beforehand, till the moment of giving the car to the Driver / Client and signing rental contract, and it was made with the help of Web-site and if the refuse does not violate the terms and conditions that are on the Web-site and in such a case in the mentioned term, it is possible to return monetary funds without any fines and other payments. Then such a return of monetary funds for the order is made according to the payment systems and conditions that are in the present contract. Returning the monetary funds in this way, the Executant does not compensate anything the Orderer or has a right to keep some sum from the money that are given back to the Orderer (in case if the commission fee on the contract between the Executant and payment system is paid from the Executant`s sum of money, that is loaded on his account), the cost of the commission fee that is paid while making an order and / or while paying for the order, the cost of the commission fee for paying the payment system to return the monetary funds to the Executant, an amount of the taxes and fees, official payments, if there are such must be paid and they are not compensated to the Orderer after he / she gets back the money.
3.4. The terms of the order when the return of the monetary funds that were paid by the Orderer are possible, are determined in car rental conditions on Web-site.
3.5. The terms of payment by the Orderer are determined on the Web-site and / or on the e-mail sent to the Orderer.
4.1. The Executant must
4.2. The executant has a right:
4.3. The Orderer must:
4.4. The Orderer has a right:
5.1. The Orderer has the responsibility for the loss, transfer or disclosure of information from the order blank, the car rental contract.
5.2. The Executant has no responsibility for not getting the services by the Orderer under the next conditions:
5.3. All the matters of argument that are connected with receiving the services by the Orderer are solved by the parties using personal data of the Orderer and Driver / Client that were filled in by him / her while he / she was making an order and paid for the services on the Web-site. In case if the personal data are filled in in such a way that this does not let to determine the one who gets the services (Orderer, driver / Client), the Executant has a right to refuse the Orderer in the solving disagreements investigation.
5.4. The Executant has no responsibility for not receiving the order blank by the Orderer in connection with the work of technical services and the channels of communication of the Orderer. In such a case it is necessary to apply in an hour from making a payment for the order in the support service of the Executant using the contacts that are on the home page of the Web-site or in the Contacts on the Web-site.
5.5. All the matters of argument that may appear under the present Contract or in connection with its conduction, the parties solve in the way of negotiations and while having a written application from the Orderer that is sent by the means of the post. The pretrial way of the dispute settlements are obligatory.
5.6. In case if the Parties cannot reach the agreements on the matters of disputes, these questions are solved according to the current legislation of Ukraine.
5.7. The parties act according to the current legislation of Ukraine, on all the questions that are not regulated by the present Contract.
The present contract is valid till the 231 of December 2020.
Individual entrepreneur SINKEVYCH OLEKSIY VIKTOROVYCH
EDRPOU/ Individual Taxpaying Number 2810901617
payment account 26004050300889 in public joint stock company commercial bank "ПРИВАТБАНК" microfinance organization 305299
Single tax payer of the second group