General Terms
1. Subject of the Agreement
1.1. The Company undertakes to organise an excursion trip involving sports activities (hereinafter ‘the Trip’) by inviting sports coaches to the location specified in the Special Terms, for the specified period, in accordance with the provisions of this Agreement.1.2. The Client undertakes to participate in the Trip and all the activities during the Trip, to pay the full participation fee for the Trip in a timely manner, and to provide, fill out and submit the documents prepared by the Company required for the Trip.
2. Fees
2.1. The Company has determined a participation fee for the Trip, which includes all services listed in the Special Terms of the Agreement, and the Client undertakes to pay this participation fee before the specified deadline.2.2. The Company shall ensure the participation of the Client and his/her companions (if any) in the Trip, provided that the Client has made all payments within the deadlines stated in the Special Terms. A payment is considered received when it is credited to the Company’s account.2.3. The amounts paid by the Client are non-refundable, even if the Client cancels the Trip or refuses to accept a service offered before or during the Trip, or if the Agreement is terminated through the fault of the Client.
3. Duties, Rights and Responsibilities of the Company:
3.1. The Company shall organise the Trip in accordance with the provisions of this Agreement.3.2. The Company is obliged to notify the Client of the training schedules and programmes, and to implement sports activities in accordance with them.3.3. The Company shall provide the Client with all the necessary information for the Trip (about the hotel, training schedule and other information upon the Client’s request) by sending it to the Client’s e-mail address or explaining it on the phone.3.4. The Company is obliged to immediately notify the Client of any changes in the Trip details (Agreement price, departure or return dates, possible cancellation or replacement of the Trip, or other changes not mentioned in the Agreement).3.5. If the Client fails to make any of the payments referred to in the Special Terms, the Company may withdraw from this Agreement. In this event, the Company shall be entitled to retain the payments made by the Client as a penalty for failure to fulfil the Agreement.3.6. The Company is not responsible for the health and safety of the Client or other participants during the Trip.3.7. The Company shall not be held liable if the Client fails to comply with the provisions of Clause 4.1 or 4.3 of the General Terms of the Agreement.3.8. The Company is not responsible for the Client’s failure to arrive at the specified place of departure during the Trip, and shall not wait for a Client who is late. The Company shall not refund the Client’s participation fee or any additional payments made by the Client, if the Client has not used any part of the offer due to his/her late arrival. The Client shall use its own resources to cover all expenses of the Company and third parties related to the Client’s late arrival.3.9. The Company is not responsible if the Client refuses to participate in any of the pre-paid offers or events during the Trip, or if the Client arbitrarily terminates the Trip. The Client is therefore not entitled to compensation. If, on the date of departure, the Client fails to arrive on time at the specified place of departure, or in any other way through his own fault does not use a service offered under the Agreement, he/she shall not be entitled to claim any compensation for the unused services.3.10. The Company is not responsible for any transport delays during the Trip, if caused by circumstances beyond the Company’s control (such as extreme weather conditions, traffic congestion, delays of border guard or customs operations, mandatory rest rules for drivers abroad, accidents or criminal offences, force majeure circumstances and their consequences, or changes in departure and arrival times of airlines).3.11. The Company may modify the price stated in the Agreement no later than 20 days before the Trip, if the following changes have occurred:3.11.1. Changes in costs related to the use of a vehicle (e.g., a significant increase in the price of fuel);3.11.2. Changes in fees, taxes or similar charges levied for certain services (such as airport charges, port dues, or other taxes);3.11.3. Changes in the currency exchange rate for the service in question.3.12. The Company is entitled to change the departure date of the Trip within the range of +/- 2 days from the term stated in Clause 1.1 of the Agreement.
4. Duties, Rights and Responsibilities of the Client:
4.1. The Client undertakes to participate in the Trip, to observe the training schedule, the written and oral instructions of the Company’s representatives and the rules of the hotel, training/event venue, as well as to ensure compliance with this clause by other Trip participants.4.2. The Client is obliged to pay the participation fee within the deadline specified in the Agreement.4.3. The Client must take out his/her travel insurance for the entire duration of the Trip.4.4. Before concluding the Agreement, the Client is obliged to inform the Company of any health problems that could hinder the Client’s participation in training and other events during the Trip, as well as to immediately inform the Company’s representative if such problems occur during the Trip.4.5. The Client undertakes to submit the Company all the required documents for the Trip in a timely manner.4.6. The Client undertakes to arrive on time at the predetermined locations during the Trip, and to not disturb other participants of the Trip.4.7. The Client undertakes to comply with the requirements in force in country of Ukraine regarding the departure of minors and adults abroad, international passenger transport regulations, baggage procedures, national and foreign border guard and customs control requirements, quantity requirements for the import and export of goods, as well as general public order rules.4.8. The Client is responsible for his/her personal belongings, documents and their validity periods.4.9. The Client shall be liable for all damage (to hotel/Company equipment etc.) caused during the Trip to the Company and/or third parties, and undertakes to voluntarily compensate for them in full, immediately at the request of the person concerned.4.10. Should the Client wish to make any changes in the personal data of registered Trip participants 30 days or less before the start of the Trip (change the name/surname of a Trip participant), the Client must pay an additional administration fee of EUR 100.00 per each person whose data is to be changed.4.11. Should the Client encounter any issues during the provision of services, the Client shall be entitled to submit a complaint to the Company within 3 months from the date of the service. However, it is in the Client’s best interest to file the relevant claim with the Company or its representative on the spot, in order to resolve the cause of the complaint as soon as possible, without causing any damage to either party.
5. Term of the Agreement
5.1. This Agreement has been drawn up in electronic form and is valid without a signature.5.2. By paying the Trip participation fee in part or in full, the Client confirms his/her consent to all the terms of this Agreement.5.3. The Client may terminate this Agreement unilaterally no later than 5 days before the Trip.5.4. The Company may terminate this Agreement unilaterally with immediate effect if:5.4.1. the Client fails to pay the participation fee within the deadline specified in the Agreement;5.4.2. the Client fails to arrive, or is late to the specified place of departure;5.4.3. during the Trip, the Client behaves aggressively, engages in the excessive consumption of alcoholic beverages, or disturbs other participants of the Trip.5.5. In the event of Clause 5.3 or 5.4 of these General Terms of the Agreement, the Company shall retain the amounts paid by the Client as a contractual penalty, to cover the administrative expenses and irrevocable costs of third-party services.5.6. The Company may, at its own initiative, unilaterally prematurely terminate the Agreement with immediate effect. In this case, the Company shall refund the money paid by the Client within 30 days from the moment of termination of the Agreement.5.7. The Agreement may be terminated prematurely by mutual written agreement between the Parties.
6. Processing of Data
6.1. Pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the ‘Data Protection Regulation’), the Company is the processor of data of the Client, who is a natural person.6.2. The Parties hereby agree that the Company will process the data submitted by the Client only for the purpose of performing this Agreement and to comply with the legal obligations applicable to both parties.6.3. The Company may transfer personal data to a third country or international organisation.6.4. The Company will process the following types of data: the name, surname, personal identification code, birth data, personal document data, etc. of the Client (and any co-travellers), as necessary for the performance of the Agreement.6.5. The Company will process the data for no longer than is necessary for the performance of this Agreement and will retain the data for the period specified by law.6.6. The Company shall ensure that the persons authorised to process the data have agreed to observe confidentiality or are subject to a relevant statutory confidentiality obligation.6.7. The Company shall take all the necessary measures in accordance with Article 32 of the Data Protection Regulation.6.8. The Company shall obtain the Client’s consent before transferring the data to another processor.6.9. The Company shall make available to the Client, all the information needed to demonstrate compliance with the obligations set out in this Article.
7. Force Majeure
7.1. If a Party is prevented from performing its obligations under this Agreement, either in full or in part, due to force majeure, the term of performance of the contractual obligations prevented by force majeure shall be extended for the duration of the force majeure circumstances.7.2. Force majeure may include earthquakes, war and military operations, significant acts and regulations of state authorities, technical damage, etc., which prevent the performance of obligations under the Agreement.7.3. The Party which is unable to perform the Agreement due to force majeure shall notify the other Party in writing of the event of force majeure and the impossibility to perform the Agreement within no less than ten days after the date on which the Party became aware of the event, but no later than one month after the above event, and shall make every effort to avert such an event and to comply with this Agreement.7.4. If due to force majeure, the performance of obligations under this Agreement is not possible for more than 3 months, either Party shall have the right to terminate the Agreement, in which case neither Party shall be entitled to claim damages.
8. Miscellaneous
8.1. The Agreement may only be amended or supplemented by mutual agreement of the Parties. All amendments and additions shall be drawn up in writing and shall form an integral part of this Agreement.8.2. In the event of an inconsistency between the Special Terms and the General Terms of this Agreement, the Special Terms shall prevail.8.3. For the purposes of this Agreement, the Client is a person who enters into this Travel Agreement with the Company.8.4. The Agreement is drawn up electronically in two copies in Ukrainian, one copy for each Party.8.5. Any disputes and disagreements arising between the Parties shall be resolved in the court of Ukraine, in accordance with Ukrainian legislation.