Public Service Agreement

Kuialnytskyi National Nature Park, hereinafter referred to as the Contractor, represented by the Acting Director Oleksandr Anatoliyovych Shestun, acting on the basis of the Regulations on Kuialnytskyi National Nature Park, approved by the order of the Ministry of Environmental Protection and Natural Resources of Ukraine dated April 4, 2022, No. 169, on one side, and the person who joins this Agreement by accepting the offer to conclude this Agreement under the conditions set by the Contractor, hereinafter referred to as the Customer, on the other side, collectively referred to as the Parties, and each individually as a Party, expressing their free will and guided by the norms of the current legislation of Ukraine, have concluded this Service Agreement (hereinafter the Agreement) as follows:

1.1. This Agreement is a public agreement within the meaning of Article 633 of the Civil Code of Ukraine, and the person who accepts the offer (public offer) to conclude the Agreement (performs acceptance) becomes the Customer according to Article 642 of the Civil Code of Ukraine and the terms of this Agreement.
1.2. The Agreement is an offer (public offer) to an unlimited number of natural persons to conclude a contract with the Contractor by fully and unconditionally accepting the terms of this Agreement.
1.3. The terms of the Agreement are the same for all persons who decide to accept the terms of this Agreement.
1.4. The Agreement is a contract of adhesion within the meaning of Article 634 of the Civil Code of Ukraine, as its terms are determined by the Contractor and can be accepted by the Customer only by joining the offered Agreement as a whole. In case of disagreement by the Customer with all or some provisions of this Agreement, the contract is not concluded.
1.5. Joining the Agreement is considered payment for the Contractor’s services by non-cash transfer, including using electronic payment means.
1.6. The Agreement is considered concluded from the moment of payment for services made by the Customer under the conditions set by this Agreement.
1.7. Actions taken by the Customer as defined in clause 1.5 of this Agreement are considered acceptance of the Contractor’s offer (acceptance) and confirm the fact of full and unconditional acceptance by the Customer of the terms of this Agreement without any reservations or comments according to Article 642 of the Civil Code of Ukraine. By accepting the Contractor’s offer (public offer), the Customer agrees with all terms of this Agreement and confirms that the content of the Agreement and the legal consequences of its conclusion are clear to them.
1.8. This Agreement is an electronic agreement within the meaning of Article 3 of the Law of Ukraine “On Electronic Commerce,” concluded using available information and telecommunication systems and cannot be declared invalid because it was concluded in electronic form.
1.9. This Agreement in paper form can be provided upon the Customer’s request, and can also be printed independently by the Customer from the Contractor’s website: https://kuyalnik.od.ua/.
1.10. Terms used in this Agreement have the following meanings:
1.10.1. Public offer – the Contractor’s offer to conclude the Agreement, posted on the Contractor’s website and set out in the terms of this Agreement, addressed to an indefinite circle of individuals;
1.10.2. Acceptance – full, unconditional, and unconditional acceptance by the Customer of the terms of the Agreement by paying for the Contractor’s services;
1.10.3. Customer – an individual who receives services from the Contractor under the terms provided by the Agreement;
1.11. The Agreement is concluded based on the Contractor’s offer (public offer) and the Customer’s acceptance.
1.12. The Contractor’s public offer is set out in the terms of this Agreement.
1.13. By concluding the Agreement, the Customer confirms:
1.13.1. full and complete acquaintance with the Public Offer set out in this Agreement;
1.13.2. unconditional and unconditional acceptance of the Public Offer set out in this Agreement;
1.13.3. complete understanding of their obligations under the Agreement and the legal consequences of its conclusion.
1.14. Confirmation of the conclusion of the Agreement is a receipt, check, payment order, or other settlement or cash document (in electronic and/or paper form) confirming the fact of payment for services, which are the subject of the Agreement, in accordance with the requirements of Ukrainian legislation.

2.1. Under the terms and procedure provided by this Agreement, the Contractor undertakes to provide, and the Customer undertakes to accept and pay for recreational services — excursion visits to ecological and educational trails aimed at restoring the physical and spiritual strength of a person, satisfying a wide range of their personal and social needs.
2.2. The Contractor provides recreational services — excursion visits to ecological and educational trails: “On Mount Pip Ivan,” “Zhenets Tract – Huk Waterfall,” “Animal Rehabilitation Center at the Enclosure Economy – ‘Maiden’s Tears’ Waterfall,” “On Mount Hoverla,” “Veredivskyi Tract – Mount Khomiak,” “Dovbush Trail,” “To the Oldest Tree,” “On Mount Makovytsia,” “To Yavirnyk Meadow.”

3.1. Recreational services — excursion visits to ecological and educational trails are provided at the location of the trails. Information about the location of the trails is available on the official website of the Park.
3.2. The service is consumed by the Customer during the process of its provision.
3.3. Prices for excursion visits to ecological and educational trails are indicated on the official website of the Park, as well as at the checkpoint located at the place of the trails.
3.4. The Contractor has the right to unilaterally change the price of services by posting the new price on the Contractor’s website and at the checkpoint located at the place of the trails.
3.5. Payment for recreational services — excursion visits to ecological and educational trails by non-cash transfer, including using electronic payment means, is made at the checkpoint located at the place of the trails.
3.6. The Contractor provides the services to the Customer after payment and presentation of a receipt, check, payment order, or other settlement or cash document (in electronic and/or paper form) confirming the payment.

4.1. The Contractor has the right to:
4.1.1. independently set the price of services and other conditions of their provision by posting relevant information on the Contractor’s website and at the checkpoint located at the place of the trails;
4.1.2. make changes to the Agreement by posting them on the Contractor’s website without special notification of the Customer;
4.1.3. exercise control over compliance with order and environmental protection regime of the territory, use of natural resources, fire safety, and sanitary condition;
4.1.4. require the Customer to maintain the Park’s territory in proper condition and comply with the Park’s designated ecological trails;
4.1.5. verify payment of services;
4.1.6. fully or partially suspend the provision of services in case of impossibility to provide services due to natural, man-made, technical, or other objective reasons.
4.2. The Contractor is obliged to:
4.2.1. provide services according to the terms of this Agreement;
4.2.2. provide explanations on issues arising for the Customer related to the provision of services;
4.2.3. create proper conditions for providing recreational services — excursion visits to ecological and educational trails;
4.2.4. ensure the proper natural condition of complexes and objects used in recreational activities;
4.2.5. provide the Customer with necessary, accessible, reliable, and timely information about recreational services and explanations regarding the rights and obligations of the Customer while staying on the Park’s territory.
4.3. The Customer has the right to:
4.3.1. receive services provided by the Contractor according to the terms of the Agreement;
4.3.2. receive complete and reliable information about the scope of services provided and explanations on issues arising related to the services.
4.4. The Customer is obliged to:
4.4.1. independently familiarize themselves with the terms of the Agreement posted on the Contractor’s website;
4.4.2. pay for services according to the terms of the Agreement and prices set by the Contractor;
4.4.3. visit ecological and educational trails without causing harm to natural complexes and objects within the Park;
4.4.4. follow the Park’s designated ecological trail routes;
4.4.5. comply with rules of conduct and safety techniques in natural conditions on the Park’s territory.

5.1. For failure or improper performance of obligations under this Agreement, the Parties bear responsibility according to current legislation of Ukraine.
5.2. The Parties are not liable for breach of obligations under this Agreement if it occurred without their fault. A Party is considered not guilty if it proves that it took all measures dependent on it for proper fulfillment of the obligation.
5.3. In case of violation of environmental protection legislation of Ukraine on the Park’s territory, the Customer compensates damages caused to the Park and bears responsibility under current legislation of Ukraine.
5.4. The Park is not liable for harm caused to the life, health, or property of the Customer during visits to ecological and educational trails.
5.5. The Contractor is not liable to the Customer for non-performance or improper performance of obligations under this Agreement if it arose due to force majeure circumstances such as fires, natural disasters, military actions, public disturbances, epidemics, blockades, strikes, earthquakes, floods, as well as decisions or orders of government authorities or local self-government bodies that impose additional obligations or restrictions making further full or partial performance impossible, and other events beyond the Parties’ control, including improper or delayed performance by state authorities and their subdivisions or enterprises regardless of ownership form related to the Contractor’s service provision.

6.1. Disputes arising between the Parties during or in connection with this Agreement shall be resolved by negotiations.
6.2. All disputes not resolved by agreement may be referred to court in accordance with the requirements of the current legislation of Ukraine.

7.1. The Agreement comes into force from the date specified in clause 1.6 and is valid until the Parties fully perform their obligations under the Agreement.
7.2. This Agreement is publicly disclosed to all Customers by posting it on the Contractor’s website.
7.3. The Contractor independently determines the terms of the Agreement and may change its terms by publishing changes on its website. Changes come into effect from the date of publication unless otherwise specified.
7.4. The Contractor has the right to terminate the Agreement unilaterally by posting a notice on its website at least 15 calendar days prior to termination.

8.1. Issues arising in connection with the conclusion, performance, and termination of this Agreement and not regulated by it shall be governed by the current legislation of Ukraine, including the Civil Code.
8.2. If any provision of this Agreement becomes invalid, it does not affect the validity of the remaining provisions.
8.3. The Parties undertake to keep confidential commercial secrets and confidential information obtained in connection with the performance of the Agreement and not disclose or use such information in their own interests or third parties’ interests.

Kuialnytskyi National Nature Park
65107, Odesa, Kanatna St., 83
Account No. UA588201720343120001000016872
State Treasury Service of Ukraine, Kyiv, MFO 820172
EDRPOU Code 45624677
Tel. (067) 161 11 33
E-mail: npp.kuialnyk@ukr.net

Acting Director

_____________ Oleksandr Shestun