Public offer (agreement) for the provision of temporary accommodation services
Read the text of this Public offer (agreement) for the provision of services. For any questions or for clarifications, please contact the hotel. Services are provided on the territory of the Klaster SeaView Hotel, which is located at the address: Odessa region, vil.. Molodezhnoe, Naberezhnaya street 4B, section 147/148 (hereinafter referred to as the hotel), and include: accommodation of individuals, by providing a room (place) for temporary residence..
1. General provisions
1.1. This Public Offer defines the terms of the contract in accordance with Art. 641 of the Civil Code of Ukraine and is an official public offer addressed to other persons (hereinafter – “User”, or “Users”, or “Customer”, or “Consumer”, or “Consumers”, or “Guest”, or “Guests”), to conclude agreement on the provision of accommodation services to the User (provision of a number (place) for temporary residence) on the following terms.
1.2. In the future, according to the text of the Public Offer (agreement), the Hotel and the User are reproduced by the “Parties”, and each separately – “Party”.
1.3. Each Party guarantees to the other Party that it has the necessary capacity, as well as all the rights and powers necessary and sufficient for the conclusion and performance of the Agreement in accordance with its terms.
1.4. The text of the Public Offer (agreement) is always posted on the official website of the Hotel www.klasterhospitality.com
1.5. The User agrees to notify third parties of the information that arises in connection with the implementation of this Public Offer (agreement) and the User’s receipt of services from the Hotel.
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 for a fee accommodation services, by providing a room (place) for temporary residence at the address of the Hotel, in a specially equipped living room (room) in accordance with the booking order.
2.2. The Agreement is considered concluded and enters into force of the accession agreement from the moment of implementation by the Client of any action provided by item 3.4 of the agreement, which means full and unconditional acceptance of all terms of the agreement without any exceptions and / or restrictions in accordance with Article 642 of the Civil Code. The agreement on the provision of accommodation services, concluded by the User with the acceptance of the Public Offer, has legal force in accordance with Article 642 of the Civil Code of Ukraine and is
equivalent to the agreement signed by the parties, and is considered such that the User has read and agrees with the terms of this Public Offer (agreement).
3. The procedure for concluding the contract
3.1. The agreement is concluded between the Hotel and the User in the form of a connection agreement (Article 634 of the Civil Code of Ukraine).
3.2. Acceptance (acceptance) of the Public Offer is the implementation by the User of any of the actions specified in paragraph 3.4 of the Agreement.
3.3. The conclusion of the agreement means that the User:
– fully acquainted and agree with the rules of living in the Hotel;
– recognizes the unconditional suitability of the Hotel premises to meet the needs described in this agreement;
– accepts all the terms of this agreement without comments or objections. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer to enter into the Agreement in full, without signing a written copy of the Agreement by the Parties and agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for services and all annexes. Agreement
3.4. The User in accordance with Article 642 of the Civil Code of Ukraine confirms the fact of acceptance (acceptance) of the Public Offer in case of any of the following actions:
– booking a room by telephone, through the site or through official channels of sale on the Internet.
– payment for temporary accommodation services through the reception and accommodation service (reception) or
by bank transfer on the basis of issued invoices, or by bank card;
– filling in the registration form / receipt / questionnaire at the reception;
– direct use of the Hotel services by the User (settlement);
3.5. The user undertakes to make (notify) at registration when receiving the services of the Hotel reliable personal data and information that correspond to reality. Accepting the terms of this Agreement, the Client grants the Hotel administration permission to collect, store, process, transfer, if necessary, his personal data.
3.6. The term of acceptance of this Public Offer is unlimited.
4. Rules for using the hotel property
4.1. The hotel provides guests with furnished rooms equipped with appliances (TV, hairdryer, refrigerator, etc.), plumbing and other equipment. Rooms Hotel and common areas are insulated, have modern finishes, utilities, equipment, equipment that meets all requirements at the time of commissioning.
4.2. Guests must take care of the property of the Hotel, use the equipment for its intended purpose, comply with fire safety requirements. In case of damage to property, technical malfunctions, emergencies (flooding, fire, breaking glass and etc.) must immediately notify the Administrator.
4.3. After check-in, within one hour the Guest has the right to declare to the Administrator about the revealed shortcomings of subjects of furnish and a complete set of number of Hotel. In the absence of the statement and at detection by administration at departure of the Guest
4.4. Upon check-in, the guest is given a key (plastic card), which he must return on the day of departure. In case the Guest loses the key, a fine of UAH 250 is charged.
4.5 In case of loss or damage due to the fault of the Guest property (including towels, bathrobes, dishes, furniture, various equipment, etc.), which are on the hotel, the Guest is obliged within 3 calendar days, but not later than the date of eviction from the Hotel damage, the amount of which is determined: according to the prices indicated on the information stands, in the consumer’s corner, menu, price tags, prices, other information documentation of the Hotel and / or on the Hotel website, and in the absence of such prices – by a commission consisting of: administrator, receptionist and any -any other employee of the Hotel on the terms of transparency and at the market value of lost or damaged property.
5. Internal rules of hotel accommodation
5.1. The hotel is open 24 hours a day. Check-in time is 11:00, check-out time is 11:00, check-in time is 14:00. The hotel room is provided with a passport or other identity document and a completed guest form of the prescribed form. After concluding the accommodation agreement (filling in the questionnaire), the guests receive a key from the Administrator for the number provided for accommodation.
5.2. From 22:00 to 8:00 in the Hotel and on the territory it is necessary to keep silence. At this time, it is forbidden to turn on audio systems and televisions at high volume.
5.3. Visitors are not allowed to visit the hotel.
5.4. Smoking in the room is allowed only on the balcony of the room, in the absence of a balcony smoking in the room is prohibited. All other rooms of the Hotel are non-smoking. Smoking in the hotel is subject to a penalty of double the cost of living in a room per day. In case of repeated smoking in prohibited places, the hotel administration has the right to evict the Guest unilaterally without refunding the cost of services provided.
5.5. If the Guest wishes not to be disturbed, he can hang on the door handle a sign with the inscription “Do not disturb!”, Which is included in the equipment of the room. On the reverse side of the plate is the inscription “Please remove!”. Such a plate the Guest can hang, if he believes that the room is not cleaned enough.
5.6. Weapons, explosives, narcotics and psychotropic drugs are not allowed in hotel rooms. It is also forbidden to stay any animals.
5.7. Compliance with the internal regulations of the Hotel is monitored by the Administrator. Gives guests an explanation of the rules of residence, accepts complaints from them about the actions of staff and other guests that violate the established order of work or law and order.
6. Energy saving
6.1. In rooms it is forbidden to use tees and extension cords, powerful electrical appliances, including heating, except when these appliances are standard equipment of the room or issued for use by hotel staff.
6.2. It is inadmissible to leave taps of cold and hot water unnecessarily open. It is forbidden to leave these taps (mixers) open after leaving the room.
7. Video surveillance
7.1 The territory of the Hotel, all entrances to it, internal stairs and corridors are monitored by video cameras. All information is recorded, recorded on digital media and stored. Video surveillance is carried out for the safety of guests, their property, hotel property. By signing the questionnaire, the Guest takes into account and does not object to the use of video surveillance systems (except rooms and toilets).
8. Services provided by the hotel
8.1. The hotel provides basic services included in the price and additional, which are provided for a fee.
8.2. The main services include: providing accommodation, cleaning rooms, services on the beach only in summer, parking service.
8.3. The hotel welcomes guests from 8:00 am to 8:00 pm. A room for a certain number of seats is provided for use. Children under the age of 18 can only be accommodated with adults (parents or relatives).
8.4. Current cleaning (garbage removal) is carried out daily.
8.5. Each time the visitor leaves, the room is completely cleaned.
8.6. Towels and bed linen are changed at least once every three days. At the request of visitors, an extraordinary change of towels can be made.
9. Booking rooms
9.1. The following booking procedure is set:
- a) application, clarification of the application by mail, electronic, telephone and other communication.
- b) a booking confirmation letter is sent and a payment invoice is issued (including by e-mail);
- c) The consumer must make a subscription or full payment within 24 hours after submitting the booking application;
- d) Only after crediting the subscription or after full payment to the current account or after paying them in cash at the box office or with the use of payment cards through the service www.liqpay.ua
- e) Payment options when booking:
– Guaranteed reservation – 100% prepayment of the total cost for the entire period of stay;
– Guaranteed reservation – 30% prepayment of the total cost, the balance of the total cost is paid no later than five days before the actual date of arrival by issuing an invoice, which will be sent to the e-mail specified by the Guest at registration.
– non-guaranteed booking – possible only in case of booking and check-in on the same day and until 18:00 of the current day. In this case, payment for the accommodation may be made upon check-in at the hotel.
Free cancellation or change of settlement date is possible no later than
24 hours after booking. In case the Guest did not use the service during the guaranteed reservation accommodation on the specified day of arrival and not canceled (not canceled) before the expected day of arrival, a fine of the full cost of the period of stay is charged. In this case, the reservation becomes Non-Guaranteed and is canceled.
Early check-in or late check-out is only possible by prior arrangement with the hotel and at an additional cost. In case of non-guaranteed (without prepayment) confirmed booking, if the Guest does not specify the exact time of arrival, the reservation at the discretion of the Administration may be canceled at 18:00 on the date of arrival local time.
- IS) Prices for hotel services offered by the Contractor are determined in the national currency of Ukraine – hryvnia and are payable within the period specified in the contract, by payment by transfer, or cash, or using payment cards
10. The order of payment for services
10.1. Payment for services is charged in advance, in accordance with a single settlement hour – 11 hours’ local time (check out time). As a general rule, the contract for the provision of services ends at 11 o’clock in the afternoon, following the day of arrival of the visitor. Guests arriving from 14:00 (check in time) regardless of the time of arrival, pay for the stay until 11:00 on the day following the day of arrival of the visitor at the rate of 100% of the daily fee, departure is generally carried out at 11 o’clock, which comes on the day of arrival. Guests leaving from 14:00 to 24:00 or after 24:00 the next day pay a surcharge of 100% of the daily room rate. If you need to continue your stay at the Hotel, the Visitor may contact the Administrator 2 hours before the checkout time.
10.2. When placing children under 5 years on the main bed with parents, payment for the accommodation of one child is not charged. When placing a child in an extra bed, the usual surcharge for an extra bed for a child is paid.
10.3 Payment for services in the Hotel is made by bank cards of Visa,
MasterCard or non-cash bank transfer.
11. Termination of stay of visitors in the Hotel. Refusal to settle
11.1. Guests terminate their stay at the Hotel upon expiration of the contract between the visitor and the Hotel for the provision of services.
11.2. The guest has the right to terminate the contract for the provision of services at any time subject to payment of actual services and other costs. In this case, the guest is not refunded the cost of the booked cost of living in a hotel room for the period that he did not use.
11.3. If the Guest repeatedly violates the internal rules of residence, which can lead to material damage or create inconvenience to other guests, the Hotel has the right to refuse accommodation or terminate the contract (eviction). (or) penalties and services provided under these rules, the Guest is not refunded the balance of the previously paid payment.
11.4. In the absence of a guest in the room for more than a day (according to his estimated time), and impossibility to determine his location or contact him, the hotel has the right to set up a commission, make a description of the property in the room and move things to the storage room.
11.5. The administrator has the right to refuse the settlement in cases:
– Guests have no documents, documents are invalid or expired, there are suspicions that the documents are fake;
– there is no payment for the room in the prescribed manner and in the required amount, the guest has an untidy, dirty appearance, he is intoxicated, inadequate, aggressive behavior;
The guest refuses to follow the internal rules of living in the Hotel (arrangement, parking, etc.);
The guest is included in the list of undesirable visitors (stop – the letter); in other cases, provided by the legislation of Ukraine and common sense. In disputable cases the question is solved by administration.
12. Rights and obligations of Users of accommodation services in the Hotel
12.1. Users of accommodation services have the right to:
– use accommodation services and additional services in the manner specified in this Public Offer and in the rules of living in the Hotel, other documents of the Hotel;
– receive complete and accurate information about the hours of access to the Hotel, the cost of services provided at the Hotel;
– contact the staff of the reception on the quality of service for temporary accommodation, leave complaints, feedback and suggestions in the book of complaints and suggestions, which is in the corner of the consumer.
12.2. Users of accommodation services are obliged to:
– unconditionally comply with the terms and conditions of this Public Offer;
– respect the rights of other guests of the Hotel;
– adhere to moral and ethical norms,
– refrain from using obscene language in public areas of the Hotel;
– follow the rules of living in the Hotel, the rules of use of facilities
infrastructure of the Hotel, regulations for access to them, which can be found at the reception, protect the property of the Hotel;
– to receive rules of fire safety and rational (economical) use
electrical appliances and equipment of the Hotel.
13. Rights and responsibilities of the Hotel
13.1. The hotel must:
– timely, high quality and in full to provide the User with paid services;
– inform the User about the services provided on the territory of the Hotel and the form and procedure of their payment;
– ensure full compliance of services provided with sanitary and epidemiological norms and rules;
– respond in a timely manner to the request of Users related to the provision of temporary accommodation services, taking measures to eliminate breakdowns and accidents in the hotel rooms as soon as possible (in case of inability to eliminate the accident or breakdown in the room, provide another category number not lower than agreed on the day of entry);
– 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;
– The hotel is not responsible for money, things and any other valuables that were left in the room, lost in the hotel, or their loss for any reason.
13.2. The hotel has the right to:
– go to the hotel room for cleaning, linen change, inspection of water supply systems, air conditioning or elimination of deficiencies in their operation, as well as in case of violation by the User of the provisions of this Public Offer;
– in case of expiration (coincidence), agreed with the reception and 100% paid period of the User’s stay in the Hotel and / or absence of the User at the place of temporary residence for more than 2 hours free of charge, release the number from the User’s personal belongings. User;
– in case of violation by the User of the generally accepted norms of behavior, to invite employees of law-enforcement bodies for clarification of circumstances and establishment of the facts of such violations;
– ahead of schedule, without refund of funds paid by the User for temporary residence;
13.2.1 Terminate the contract for the provision of temporary accommodation services, with simultaneous forced eviction from the Hotel in the case of:
– being in a state of strong alcohol and / or narcotic and / or toxic intoxication or under the influence of psychotropic substances;
– smoking in the rooms, as well as on the territory of the Hotel and the complex, except for specially designated places;
– without the approval of the reception and without proper permits for storage or delivery of weapons, explosives and flammable, corrosive, poisonous, narcotic drugs and other dangerous objects and substances;
– violation of public order rules;
– violation of the rules of living in the Hotel;
– violation of the provisions of this Public Offer;
– systematic (2 or more) complaints of other Hotel guests against violations of their rights and freedoms.
- Processing of personal data
14.1 According to the Law of Ukraine “On Personal Data Protection” the Consumer agrees to the processing of personal data of his and third parties from primary sources in the following amounts:
– information about: name, surname, date of birth, contact details, data on vehicles, place of residence, citizenship, information from the certificate document. Also agrees to the collection of data from a computer, phone, tablet or other device that the Consumer uses to access our booking services, IP address, browser type, language settings.
– access to personal data of third parties, which determines the actions of the owner of the personal database in case of a request from a third party for access to personal data, including the procedure for access of personal data to information about himself (Article 16 of this Law).
15. Force majeure
15.1. In case of force majeure: war, flood, earthquakes, fires, strikes, epidemics, changes in legislation, etc., the Parties are partially or completely released from their obligations under this agreement.
15.2. The Party for which it has become impossible to fulfill its obligations due to force majeure, must within a day from the occurrence of such circumstances in writing to notify the other Party of the time of occurrence and termination of these circumstances.
15.3. The effect of force majeure must be confirmed by the relevant competent authority.
- Dispute resolution procedure
16.1. Any disputes that may arise in connection with this Agreement, or in connection with its implementation, the Contractor and the Customer shall resolve by negotiation and only in the presence of a written statement of the Customer, transmitted by electronic means. The pre-trial procedure for settling the dispute is mandatory.
16.2. If agreement on disputed issues cannot be reached through negotiations, these issues shall be resolved in court in accordance with the current legislation of Ukraine at the location of the Contractor.
- The term of the contract and the procedure for its termination
17.1. This Agreement shall enter into force upon its acceptance by the Customer and shall remain in force until the final fulfillment by the Parties of their obligations under the Agreement.
17.2. This Agreement may be terminated unilaterally until the expiration of its validity in cases stipulated by the terms of the Agreement.