The Kuialnytskyi National Nature Park, hereinafter referred to as the “Contractor,” represented by Acting Director Oleksandr Anatoliyovych Shestun, acting pursuant to the Regulations on the Kuialnytskyi National Nature Park, approved by Order No. 169 of the Ministry of Environmental Protection and Natural Resources of Ukraine dated April 4, 2022 No. 169, on the one hand, and the person who has acceded to this Agreement by accepting the offer to enter into this Agreement on the terms specified by the Contractor, hereinafter referred to as the “Client,” on the other hand, hereinafter collectively referred to as the “Parties,” and each separately — “Party,” expressing their free will and guided by the provisions of the current legislation of Ukraine, have entered into this Service Agreement (hereinafter the “Agreement”) regarding the following: compounds may arise as a result of surface runoff from agricultural lands. Resolving the issue of illegal landfills that existed for many years prior to the Park’s creation also requires joint action with local authorities.
A washing and steaming station of the Odessa Railway operated for a long time on the territory that was later incorporated into the Park. Following its decommissioning, this area and the cascade of ponds have gradually been naturally reclaimed. However, the soils and bottom sediments of some ponds are still contaminated with transformed petroleum products, most of which have lost their toxic properties.
1.1. This Agreement constitutes a public contract within the meaning of Article 633 of the Civil Code of Ukraine, and the person who accepts the proposal (public offer) to enter into this Agreement (by accepting the offer) becomes the Customer in accordance with Article 642 of the Civil Code of Ukraine and the terms of this Agreement.
1.2. The Agreement constitutes an offer (public offer) to an unlimited number of individuals to enter into the Agreement with the Contractor through full and unconditional acceptance of the terms of this Agreement.
1.3. The terms of the Agreement are identical for all persons who have decided to accept the terms of this Agreement.
1.4. This Agreement is a standard-form contract within the meaning of Article 634 of the Civil Code of Ukraine, as its terms are determined by the Contractor and may be accepted by the Customer only by adhering to the proposed Agreement in its entirety. If the Customer does not agree with all or certain provisions of this Agreement, the Agreement shall not be concluded.
1.5. Payment for the Contractor’s services via wire transfer, including through the use of an electronic payment method, shall be deemed acceptance of the Agreement.
1.6. The Agreement shall be deemed concluded upon payment for the services made by the Customer in accordance with the terms and conditions set forth in this Agreement.
1.7. The Customer’s performance of the actions provided for in clause 1.5 of this Agreement shall be deemed acceptance by the Customer of the offer to conclude the Agreement (acceptance), and shall also confirm the fact of the Customer’s full and unconditional acceptance of the terms of this Agreement without any reservations or comments in accordance with Article 642 of the Civil Code of Ukraine. By accepting the Contractor’s proposal (public offer), the Customer agrees to all terms of this Agreement and confirms that they understand the content of the Agreement and the legal consequences of its conclusion.
1.8. This Agreement is an electronic agreement within the meaning of Article 3 of the Law of Ukraine “On Electronic Commerce,” is concluded using available information and telecommunications systems, and cannot be deemed invalid due to its execution in electronic form.
1.9. A paper copy of this Agreement may be provided upon the Customer’s request, and may also be printed by the Customer independently from the Contractor’s website: https://kuyalnik.od.ua/.
1.10. The terms used in this Agreement shall have the following meanings:
1.10.1. Public Offer – an offer by the Contractor to enter into the Agreement, posted on the Contractor’s website and set forth by the Contractor in the terms of this Agreement, addressed to an indefinite group of individuals;
1.10.2. Acceptance – the Customer’s full, unconditional, and unreserved acceptance of the terms of the Agreement by paying for the Contractor’s services;
1.10.3. Customer – a natural person who receives services from the Contractor under the terms provided for in the Contract;
1.11. The Contract is concluded on the basis of an offer to conclude it (public offer) by the Contractor and its acceptance by the Customer.
1.12. The Contractor’s public offer is set forth in the terms of this Agreement.
1.13. By entering into this Agreement, the Customer confirms:
1.13.1 full and comprehensive review of the public offer set forth in the terms of this Agreement;
1.13.2. its unconditional and unreserved acceptance of the Public Offer set forth in the terms of this Agreement;
1.13.3. its full understanding of the content of its obligations under the Agreement and the legal consequences of its conclusion.
1.14. Confirmation of the conclusion of the Agreement shall be a receipt, check, payment order, or other settlement or cash document (in electronic and/or paper form) certifying the fact of payment for the services that are the subject of the Agreement, in accordance with the requirements of Ukrainian law.
2.1. Under the terms and conditions set forth in this Agreement, the Contractor undertakes to provide, and the Client undertakes to accept and pay for, recreational services—guided tours of ecological and educational trails—designed to restore a person’s physical and mental well-being and to satisfy a wide range of personal and social needs.
2.2. The Contractor provides recreational services—guided tours of ecological and educational trails: “To Mount Pip-Lvan,” “Zhenets Glade – Huk Waterfall,” “Animal Rehabilitation Center at the Enclosure Farm – ‘Maiden’s Tears’ Waterfall,” “To Mount Hoverla,” “The Veredivsky Tract – Mount Khomyak,” “The Dovbush Trail,” “To the Oldest Tree,” “To Mount Makovytsia,” “To the Yavirnyk Mountain Pasture.”
3.1. Recreational services—guided tours of the nature education trails—are provided at the locations of the nature education trails. Information regarding the locations of the nature education trails is available on the Park’s official website.
3.2. The service is consumed by the Customer during the course of its provision.
3.3. Prices for guided tours of the ecological and educational trails are listed on the Park’s official website, as well as at the entrance checkpoint located at the site of the ecological and educational trails.
3.4. The Contractor has the right to unilaterally change the price of the services by posting the new price on the Contractor’s website and at the checkpoint located at the site of the ecological and educational trails.
3.5. Payment for recreational services—guided tours of the ecological and educational trails—via non-cash transfer, including the use of electronic payment methods, is made at the checkpoint located at the site of the ecological and educational trails.
3.6. The Contractor shall provide services to the Customer after payment has been made and a receipt, check, payment order, or other settlement or cash document (in electronic and/or paper form) confirming payment for the services has been presented.
4.1. The Contractor shall have the right to:
4.1.1. independently set the price of services and other terms and conditions for their provision by posting the relevant information on the Contractor’s website and at the checkpoint located at the site of the nature education trails;
4.1.2. amend the Agreement by posting such amendments on the Contractor’s website without specific notice to the Customer;
4.1.3. monitor compliance with the rules and environmental protection regime of the territory, the use of natural resources, and fire safety and sanitary conditions;
4.1.4. require the Customer to maintain the Park’s territory in proper condition and adhere to the ecological and educational trail routes designated by the Park;
4.1.5. verify payment for services;
4.1.6. fully or partially suspend the provision of services in the event that services cannot be provided due to natural, man-made, technical, or other objective reasons.
4.2. The Contractor shall:
4.2.1. provide services in accordance with the terms of this Agreement;
4.2.2. provide clarification on any questions the Client may have regarding the provision of services;
4.2.3. create appropriate conditions for the provision of recreational services—guided tours of ecological and educational trails;
4.2.4. ensure that the natural state of the complexes and facilities used for recreational activities is maintained;
4.2.5. provide the Customer with necessary, accessible, accurate, and timely information about recreational services, as well as explanations regarding the Customer’s rights and obligations while on the Park’s premises.
4.3. The Customer has the right to:
4.3.1. receive services provided by the Contractor in accordance with the terms of the Agreement;
4.3.2. receive complete and accurate information regarding the scope of services provided, as well as explanations regarding any questions the Customer may have in connection with the provision of such services.
4.4. The Customer is obligated to:
4.4.1. independently review the terms of the Agreement posted on the Contractor’s website;
4.4.2. pay for the services provided in accordance with the terms of the Agreement at the prices set by the Contractor;
4.4.3. visit the nature trails without causing damage to natural complexes and objects within the Park;
4.4.4. follow the nature trail routes designated by the Park;
4.4.5. comply with the rules of conduct and safety precautions in natural environments within the Park.
5.1. The Parties shall be liable for failure to perform or improper performance of their obligations under this Agreement in accordance with the applicable laws of Ukraine.
5.2. The Parties shall not be liable for a breach of their obligations under this Agreement if such breach occurred through no fault of their own. A Party shall be deemed not at fault if it proves that it took all measures within its power to properly perform its obligation.
5.3 In the event of a violation of Ukraine’s environmental protection laws within the Park’s territory, the Client shall compensate the Park for any resulting damages and shall be liable in accordance with the applicable laws of Ukraine.
5.4 The Park shall not be liable for any harm to the Client’s life, health, or property that occurs while visiting the ecological and educational trails.
5.5 The Contractor shall not be liable to the Customer for failure to perform or improper performance of obligations under this Agreement if such failure or improper performance resulted from force majeure circumstances, such as: fire, natural disasters, military actions, civil unrest, epidemics, blockades, strikes, earthquakes, floods, as well as decisions or orders of state authorities or local self-government bodies that impose additional obligations on the parties or establish additional restrictions, thereby making further full or partial performance of the Agreement impossible, and other actions or events beyond the control of the Parties, including improper performance or delay in the performance of duties by state authorities and their structural units, as well as enterprises regardless of their form of ownership, whose activities are related to the performance of the Contractor’s obligations and the provision of services.
6.1. Any disputes arising between the Parties in the course of the performance of this Agreement or in connection therewith shall be resolved through negotiation.
6.2. Any disputes between the Parties that cannot be resolved through negotiation may be referred to the courts for resolution in accordance with the requirements of the applicable laws of Ukraine.
7.1. This Agreement shall enter into force on the date specified in Section 1.6 of this Agreement and shall remain in effect until the Parties have fully fulfilled their obligations under this Agreement.
7.2. This Agreement shall be made publicly available to all Clients by posting (publishing) it on the Contractor’s website.
7.3. The Contractor independently determines the terms of the Agreement. The Contractor has the right to independently amend the terms of the Agreement by publishing such amendments on the Contractor’s website. Amendments to the Agreement shall take effect on the date of their publication on the Contractor’s website, unless a different effective date is specified at the time of publication.
7.4. The Contractor has the right to terminate this Agreement unilaterally by providing notice through an announcement on its website no later than 15 (fifteen) calendar days prior to such termination.
8.1. With respect to any issues arising in connection with the conclusion, performance, and termination of this Agreement that are not addressed herein, the Parties agree to be governed by the provisions of the applicable laws of Ukraine, in particular the provisions of the Civil Code of Ukraine.
8.2. If any provision of this Agreement becomes invalid, this shall not affect the validity of the remaining provisions of the Agreement.
8.3. The Parties undertake to keep confidential any confidential information and trade secrets that come to their knowledge in connection with the performance of this Agreement, not to disclose the confidential information and trade secrets of the other Party, and not to use such information for their own benefit or for the benefit of third parties.
Kuyalnik National Nature Park
83 Kanatna St., Odessa, 65107
Account No. UA 588201720343120001000016872
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