Public Agreement

1.1. Public Offer (Offer) – the public proposal of the Contractor, in the form of a Public Agreement, to provide services for the booking, issuance and sale of tickets for the carriage of passengers and baggage by bus, which contains all the essential terms and is published on the Internet on the Contractor's website https://busgo.in.ua and in the Busgo mobile application (hereinafter referred to as the Mobile Application).

1.2. Acceptance of the Offer – the full, unreserved and unconditional acceptance by the Customer (Passenger) of the terms of the Offer, without any exceptions and/or limitations, by performing any actions to create an order for services, submitting an order to book services, making payment or any other actions of the Customer (Passenger) aimed at ordering (booking) services on the Contractor's website https://busgo.in.ua or in the Mobile Application, upon full or partial payment for the Service.

In accordance with Part 2 of Article 642 of the Civil Code of Ukraine, Acceptance is equivalent to the conclusion by the Parties of a bilateral written agreement on the terms set out below in this Offer.

1.3. Website – the publicly accessible website owned by the Contractor, open to free visual inspection by any person, located on the Internet at https://busgo.in.ua, together with all its functionality, pages, graphics, etc., intended for obtaining services for searching for a vehicle, its route, the availability of vacant seats, booking and the sale of travel documents (tickets) for such transport, and other services.

1.4. Contractor's Service (Agency Service) – paid services of an information technology nature provided by the Contractor to the Customer by means of the Website or the Mobile Application, which include: providing access to timetables, searching for routes, booking, issuing, selling and delivering the Electronic Ticket, and providing information support.

1.5. Carrier's Service (Carriage Service) – the actual service of carrying the Passenger and his or her baggage (or providing other related services en route) on the selected route, by the selected vehicle, on the date and at the time specified in the Ticket. The Carriage Service is provided directly by the Carrier on the basis of the contract of carriage concluded (the accepted Ticket) and the Carrier's own Rules of Carriage.

1.6. Electronic passenger ticket, itinerary receipt, insurance policy – an electronic digital document stored in the system of the Service provider, the Contractor or in a global distribution system, which contains the full set of data on the Service, shows the identification details of the Carrier (the company providing the Service) and of the Customer, certifies the purchase of the Service and confirms the right of the person named in the travel document to use the Service. It is provided to the Customer in the form of an electronic document: an itinerary receipt/electronic ticket (hereinafter referred to as the Ticket).

1.7. Order (Booking, Reservation) – a written or electronic request to obtain (book, order) the Service selected by the Customer, received by the Contractor through technical booking means, including through the «on-line» booking system, or in any other manner established by this Agreement or by the Contractor, which contains the complete set of information required to issue the carriage service (bus ticket).

For the purposes of this Agreement, a Booking Request is deemed to be the Customer's acceptance of this Agreement and constitutes the Customer's consent to compensate the losses incurred by the Contractor as a result of its withdrawal by the Customer. A Booking may require full or partial payment at the time the booking is created, or payment within the period allotted for that purpose after the booking is created. An unpaid Booking means that the order is reserved for a specified period of time and during that time may be sold only to the Customer who placed that Order.

1.8. Customer – an individual, a legal entity or an individual entrepreneur who, on the basis of the Public Agreement concluded with the Contractor, has ordered the Service in his or her own interests and/or in the interests of third parties and/or pays for such services.

1.9. Passenger – the person specified as the recipient of the carriage services, or who otherwise uses the services purchased from the Contractor under the Ticket (paper ticket).

1.10. Carrier – the person who directly provides the Service of carrying Passengers and baggage selected and paid for by the Customer (Passenger).

1.11. Valid travel documents – documents that are recognised as proper in all countries through whose territory the Passenger is carried, that permit the Passenger to cross the internal and external borders of countries, and whose period of validity has not expired and will not expire before the end of the planned journey. The list of such documents depends on the legal requirements of the country from which or into which the Passenger is travelling. No document of the Passenger shall be deemed a Valid travel document if, because of its improper execution or its period of validity, foreign competent authorities impose a penalty on the Carrier.

1.12. Rules for the carriage of passengers and baggage – the rules established by the Carrier that determine the conditions, rights, obligations and liability of the Passenger during and in connection with carriage (hereinafter referred to as the Rules of Carriage), with which the passenger is obliged to familiarise himself or herself before pressing the «Pay» button.

1.13. Personal data – information or a set of information about an individual who is identified or can be specifically identified (first name and surname, contact details, payment details, e-mail address, etc.).

1.14. Personal data owner – an individual whose personal data are processed and who has consented to their processing.

1.15. Processing of personal data – any action or set of actions, such as the collection, registration, accumulation, storage, adaptation, alteration, updating, use and dissemination (distribution, sale, transfer), depersonalisation and destruction of personal data, including by means of information (automated) systems.

1.16. Consent of the personal data subject – the voluntary expression of will of an individual (or the individual's representative) granting permission to process his or her personal data by registering on the website, ticking the relevant box on the website to give consent, using the website, etc.

1.17. «Early booking» service – a preliminary promotional sale of a ticket.

2.1. This Agreement (public offer) is posted on the Website and in the Mobile Application and, in accordance with Articles 633, 634, 641 and 642 of the Civil Code of Ukraine, contains all the essential terms on which the Contractor provides the Services and invites an unlimited number of persons to obtain the Services on the terms set out in this Agreement.

2.2. The terms of this Agreement govern the relationship between its Parties and are the same for all Customers (Passengers), except for those to whom the legislation of Ukraine grants relevant concessions (if any).

2.3. The Agreement may be amended unilaterally by the Contractor without notice by posting a new version of this Agreement on its website.

The new version of the Agreement enters into force from the moment of its publication on the Website or in the Mobile Application.

2.4. Every Customer (Passenger) is freely able to and is obliged to review all the terms of the Agreement in its current version on his or her computer, tablet or telephone by clicking on the title of the Agreement in the field that requires the Customer (Passenger) to indicate consent to perform the obligations under the Agreement and agreement with it.

2.5. If the Customer does not agree with the terms of the Offer, the Customer is obliged to stop using the Website or the Mobile Application and to refrain from any actions aimed at accepting the Offer.

2.6. By agreeing to the terms of this Agreement, the Customer (Passenger) confirms his or her authority, legal capacity and capacity to act, and financial solvency, and acknowledges responsibility for the obligations imposed on him or her as a result of entering into this Agreement.

2.7. The making by the Customer (Passenger) of full or partial payment constitutes evidence of unconditional acceptance of the Agreement. The Customer (Passenger) thereby confirms the accuracy of his or her own (the Passenger's) personal data and assumes full responsibility for their accuracy, completeness and reliability. The Customer (Passenger) assumes all possible commercial risks (placing a new order, change of fare, refund and others) associated with his or her culpable actions in making errors or inaccuracies when providing personal data.

3.1. Under this Agreement, the Contractor acts as an authorised commercial agent (intermediary) in the name, at the expense and in the interests of the Carriers. The Contractor undertakes to provide the Customer with the Contractor's Services (information and technical services for booking and selling tickets), and the Customer undertakes to pay the price of the Ticket and the service fees (if any).

3.2. The Contractor is not a party to the contract of carriage. The purchase of a Ticket by means of the Website or the Mobile Application constitutes evidence of the conclusion of a direct contract of carriage between the Passenger and the Carrier selected by the Passenger. The rights, obligations and claims arising in connection with the actual process of carrying passengers and baggage arise exclusively between the Passenger and the Carrier.

3.3. For the services provided by the Contractor, the Customer (Passenger) shall pay the Contractor in accordance with the current fares of the Carrier/Contractor posted on the Website or in the Mobile Application. Banking services related to the transfer of funds under the Agreement shall be paid for by the Party making the transfer. Fares may be changed by the Contractor unilaterally by posting the changed fares on the Website and in the Mobile Application.

3.4. Where this Agreement is concluded by the Customer in the interests of the Passenger(s), the Customer, by signing this Agreement, confirms and warrants to the Contractor that the Customer has the necessary authority and mandate from the Passenger(s) to conclude this Agreement in the latter's interests. In such case, the Customer bears joint and several liability, as provided for by the terms of this Agreement, together with the Passenger(s), and the Customer's actions create civil rights and obligations for the Passenger(s) on the terms of this Agreement.

3.5. The e-mail address and/or telephone number specified when purchasing the Ticket (paper ticket) is used as the identifier of the Customer (Passenger).

3.6. The rights and obligations of a passenger who has purchased a ticket on the Website or in the Mobile Application with regard to the conditions of carriage are determined by the contract and the rules of carriage provided by the Carrier.

3.7. A breach of the terms of the public agreement or of the Carrier's rules of carriage constitutes grounds for refusing the use of the ticket and the provision of the carriage service, without the right to a refund.

3.8. A Customer who has made a booking or payment for the Services under this Agreement, for a passenger seat or for other services confirms that he or she has read and unconditionally accepts the terms of this Agreement. If the Customer is not the Passenger, the Customer, by making the booking and payment for the Services, confirms that he or she is the authorised representative of the Passenger in whose name the booking and payment for the Services are made and, by making payment for the Services, confirms that the terms of this Agreement and other information necessary for the Passenger to obtain the carriage service have been brought to the Passenger's attention.

3.9. Information on the route of carriage, the date and time of the start/end of carriage, the name of the Carrier, etc. is specified directly in the Ticket for carriage.

3.10. For the Services provided, the Contractor receives remuneration consisting of an amount of money included in the price of the Ticket and designated as the Agency Fee (paid by the Carrier).

3.11. The Contractor, acting as an agent in the name, at the expense and in the interests of the Carrier, by means of the Website or the Mobile Application, books and sells tickets for the carriage of passengers and baggage by bus, special offers and discounts, and provides information.

4.1. The Customer (Passenger) has the right:

4.1.1. to receive timely and complete information on the terms and procedure for the provision of the Services;

4.1.2. to cancel the journey, return the Ticket (paper ticket) and receive a refund of the full or partial price of the Ticket (paper ticket), depending on when it is returned, on the terms established by the Carrier.

4.1.3. to receive a seat in the vehicle in accordance with the ticket purchased;

4.1.4. to carry Baggage free of charge within the allowances established by the Agreement and the Carrier's Rules of Carriage;

4.1.5. to compensation for documented losses incurred, where the Contractor is at fault;

4.1.6. to other rights provided for by this Agreement.

4.2. Obligations of the Customer (Passenger):

4.2.1. before purchasing the Ticket (paper ticket), to read this Agreement, the rules of carriage, the fares for carriage and other documents relating to carriage posted on the Contractor's official website or in the Mobile Application, to determine precisely the date and time of the journey, the timetable and the route, and to ensure that he or she holds valid travel documents;

4.2.2. to provide the necessary and accurate information when placing an order for the Service;

4.2.3. to check without delay the correctness of the data stated in the Ticket (paper ticket) immediately upon receiving it and, if any errors are found, to initiate the necessary changes immediately;

4.2.4. to pay for the Services in accordance with the terms of this Agreement and the Carrier's fares;

4.2.5. to keep the Ticket and present it at the Carrier's request;

4.2.6. to arrive at the place of departure in good time;

4.2.7. to carry all duly executed documents required for entry into the countries of destination and the transit countries along the route of carriage, and to present them at the request of the Carrier, its drivers and persons entitled to carry out inspections;

4.2.8. to occupy the seat stated in the Ticket, to keep the Ticket and present it at the request of the Carrier, its drivers and persons entitled to carry out inspections;

4.2.9. to perform other obligations provided for by this Agreement, the current legislation of Ukraine and the legislation of the foreign countries along the route of carriage.

4.3. The Contractor has the right:

4.3.1. to change the terms of the Agreement at its own discretion, including adjusting the current fares provided by the Carrier and changing the terms of this Agreement, by publishing a notice of such changes on the Website and in the mobile application;

4.3.2. to refuse carriage to a Passenger in the event of a breach of the requirements (provisions) set out in the Rules of Carriage;

4.3.3. to offer Passengers additional paid services;

4.3.4. by agreement with the Carrier, to sell seats that have been booked but not paid for;

4.3.5. to other rights provided for by law and by this Agreement.

4.4. The Contractor undertakes:

4.4.1. to take measures to provide safe, convenient and high-quality Services;

4.4.2. to provide information and advice on questions that Passengers have regarding the use of the services: placing an order, the terms of booking a seat, additional Baggage, etc.;

4.4.3. to perform other obligations provided for by this Agreement.

5.1. The Passenger must arrive at the bus departure point specified in the Ticket no later than 30 minutes before departure.

5.2. If the Passenger is not present at the agreed place for boarding the vehicle at the departure time, the carriage is deemed cancelled and all contractual obligations are deemed terminated at the Passenger's initiative. In such case, the price of the Ticket is not refunded to the Customer (Passenger).

5.3. Tickets are refunded as follows:

5.3.1. Where a trip is cancelled by the Carrier, the refund is made by the Carrier or by the Contractor (solely within the amount received from the Carrier for such refund) on the terms of the Rules of the relevant Carrier.

5.3.2. A voluntary return of a ticket by the passenger is made on the terms established by the Carrier.

5.3.3. If the passenger disagrees with the ticket refund rules, the decision on the refund is taken by the Carrier.

5.4. In the event of force majeure circumstances (circumstances of insuperable force), the boarding point may be changed by the Carrier unilaterally, of which the Contractor shall notify the Passenger in advance, before the departure of the bus. The Passenger is deemed to have agreed to the terms offered by the Contractor without objection and without any claims against the Contractor/Carrier if the Passenger continues the journey on the terms offered by the Carrier. Any subsequent claims of the Passenger on any matter relating thereto shall not be considered and shall not be satisfied.

5.5. When boarding, the Passenger is obliged to present valid travel documents and to hand over his or her baggage for the luggage compartment. The Passenger is warned that, if he or she refuses to present documents or lacks any of the required valid travel documents (or its period of validity has expired), the Carrier has the right to terminate the contract with the Passenger unilaterally without refunding the price of the Ticket.

5.6. The Contractor is not liable for delays of the transport en route or for the untimely arrival of the transport at passenger boarding and alighting points.

5.7. The driver of a passenger vehicle shall not admit to the journey Passengers who:

5.7.1. do not have tickets or do not present a certificate of the established form confirming entitlement to fare concessions;

5.7.2. do not have valid travel documents;

5.7.3. are under the influence of alcohol or drugs;

5.7.4. disturb public order;

5.7.5. carry dangerous goods, in particular flammable or explosive goods and goods that may soil the bus or passengers' clothing.

5.7.6. passengers who present a passport of a citizen of the russian federation or the republic of belarus.

Where a Passenger is not admitted to the journey in the cases provided for by this Agreement, the Agreement is deemed to have been performed, notwithstanding that the carriage was performed to an extent other than that provided for by the Ticket (paper ticket); the price of the journey is not refunded and claims are not considered by the Contractor.

5.8. The arrival time in the Ticket is stated as an estimate, taking into account circumstances of insuperable force that may arise during the journey (weather conditions, traffic congestion, detours around obstacles, actions and decisions of state supervisory authorities, actions and decisions of state and local authorities and administrations, queues at state borders, road traffic accidents involving the bus and its unforeseen technical failure), including force majeure circumstances.

5.9. If, for any reason, there is a delay in the departure of the trip from the point of departure or in the arrival at the point of destination specified in the Ticket, the Passenger may make the journey with the changed timetable and/or route or initiate a refund for the unused part of the journey, calculated on the basis of the fare per 1 km. If the Passenger has made the journey with the changed timetable and/or route, further claims shall not be considered.

5.10. The Contractor does not guarantee and is not liable for the untimely arrival of buses at points of destination, transfers to other modes of transport and other carriers, or connections between trips.

5.11. On the Carrier's domestic and international trips, the Passenger is permitted to carry free of charge baggage in the luggage compartment of the bus and hand luggage on the luggage rack in the passenger cabin of the bus, the number of items, dimensions and weight of which are determined by the Carrier.

5.12. The carriage of animals is permitted on the terms established by the Carrier and subject to the relevant rules of Ukrainian and international law.

5.13. In the absence of valid travel documents for the carriage of animals, the Passenger will be refused carriage without a refund.

6.1. Limits of the Contractor's (Individual Entrepreneur Yuliia Ahalakova) liability:

6.1.1. The Contractor is liable solely for the proper functioning of the BUS GO Sales System (the Website and the Mobile Application), the accuracy of the transmission of the Customer's data to the Carrier, the timely issuance and sending of the Ticket after receipt of payment, and the proper transfer of the Customer's funds to the Carrier.

6.1.2. The Contractor's liability for any documented losses caused to the Customer/Passenger through the fault of the Contractor (a technical failure of the system, an error in issuance through the fault of the Agent, etc.) is limited solely to the price of the Ticket purchased.

6.2. Limitation of the Contractor's liability (the Contractor is NOT liable for):

6.2.1. Cancellation of a trip by the Carrier, delays in the departure or arrival of the bus, changes of route or deviations from the timetable that occurred through the fault of the Carrier or as a result of road, weather or customs circumstances.

6.2.2. The technical and sanitary-hygienic condition of the vehicle (bus), the availability or working order of additional amenities (air conditioning, Wi-Fi, power sockets, toilet, seats, etc.), or the professionalism and conduct of the Carrier's crew (drivers, stewardesses).

6.2.3. Loss of, damage to, destruction or theft of the baggage, hand luggage or other personal belongings of the Passenger during the entire time of waiting for the trip and of the journey itself.

6.2.4. A refusal by the Carrier (its drivers) to admit the Passenger to the journey because of intoxication, disturbance of public order or the Passenger's lack of proper passport, visa or customs documents.

6.2.5. Injury, harm to health or death of the Passenger occurring during the journey in the Carrier's vehicle. Passengers are insured for the duration of the journey by the Carrier in accordance with current legislation, and all related payments are made by the Carrier's insurance company.

6.3. Liability of the Carrier:

6.3.1. All claims, actions, complaints or demands relating to the quality of the carriage services, delays, loss of baggage, discomfort in the passenger cabin of the bus, non-payment of insurance indemnities, etc. shall be brought by the Passenger directly against the Carrier, whose name and details are stated in the Ticket. The Contractor shall not act as defendant or co-defendant in such disputes.

7.1. All information about the Passenger provided when placing an order or registering on the Website or in the Mobile Application is collected, stored and used solely for the purpose of performing this Agreement and ensuring the provision of the Services by the Contractor and/or the Carrier.

7.2. By accepting this Public Offer (Agreement) and voluntarily providing his or her personal data, the User (Customer / Passenger) consents to:

• the collection, processing, storage, use and deletion of, and the performance of other actions in respect of, his or her personal data;
• the processing of personal data by the Contractor in accordance with the Law of Ukraine «On Personal Data Protection» and the Privacy Policy posted at https://busgo.in.ua/en/info/privacy-policy;
• the transfer of personal data to other third parties, solely to the extent necessary for the provision of the Services provided for by this Agreement;
• the sending of commercial information, promotional offers, reminders and other messages relating to the Services via electronic communication channels (e-mail, SMS, messengers, etc.).

7.3. The Contractor undertakes not to disclose or disseminate personal data without the User's consent, except in cases provided for by the legislation of Ukraine or where this is necessary for the performance of this Agreement.

7.4. The User has the right:

• to access his or her personal data;
• to have them corrected or updated;
• to request the restriction of their processing or their deletion, in the cases provided for by law.

7.5. All requests regarding the processing of personal data shall be sent to the e-mail address specified in the Privacy Policy.

8.1. The Parties are released from liability for partial or complete failure to perform their obligations under this Agreement if such failure results from circumstances of insuperable force (force majeure circumstances) that arose after the conclusion of the Agreement as a result of events of an extraordinary nature which the Parties could not foresee and could not prevent by their own actions. Such force majeure circumstances include (including but not limited to the following list):

natural disasters, hostilities, war, embargo, quarantine, pandemic, epidemic, and decisions of state authorities that have made the performance of this Agreement impossible. The duration of the force majeure circumstances shall be confirmed by a certificate issued by the Chamber of Commerce and Industry of Ukraine (or its regional body).

8.2. Upon the occurrence and cessation of the circumstances specified in clause 8.1 of this Agreement, the Party for which the performance of its obligations under this Agreement has become impossible shall notify the other Party thereof in writing within 5 working days.

8.3. In the absence of timely notice as provided for in clause 8.2 of this Agreement, the Party shall compensate the other Party for losses caused by the absence of notice or by late notice, except where such notice was rendered impossible by the effect of circumstances of insuperable force.

8.4. If the force majeure circumstances continue for more than one month, each of the Parties has the right to initiate the termination of this Agreement by sending the other Party written notice 15 (fifteen) calendar days before the anticipated date of termination.

9.1. This Agreement enters into force on the date of its acceptance by the Customer (Passenger) and remains in force until the Parties have fully performed their obligations.

9.2. Any disputes concerning the performance of this Agreement initiated by the Customer (Passenger) are subject to consideration by the competent court at the Contractor's location, subject to compliance with the pre-action claim procedure. A written claim shall be sent to the Contractor's location. The claim is considered by the Contractor within one month from the date of its receipt, unless otherwise provided by the current legislation of Ukraine.

9.3. The Parties have agreed that, in the event of any discrepancy between the terms of this Agreement and the provisions of the current legislation of Ukraine, the provisions of this Agreement shall prevail. In all matters not provided for by this Agreement, the Parties shall be guided by the current legislation of Ukraine and by the legislation of the country of registration of the international Carrier.

9.4. The Contractor and the Customer (Passenger) exchange notices by electronic correspondence or by publication on the Website. The Customer (Passenger) agrees that all notices, news and other communications in electronic form drawn up by the Contractor satisfy the same legal requirements as those in paper form.

Documents transmitted by the Customer (Passenger) to the Contractor by electronic means of communication (electronic documents) may be taken into account by the latter pending their exchange for the originals.

9.5. All textual information and graphic images on the Website are the property of the Contractor and/or its counterparties. The Customer (Passenger) has no right to modify, copy, distribute, create derivative works from, sell or otherwise use the Contractor's intellectual property in any other way. Such actions shall be deemed an infringement of copyright, and the Contractor reserves the right to apply to infringers all measures permitted by law for the protection and restoration of its rights.

9.6. The Parties to this Agreement shall take all necessary measures to ensure the confidentiality (non-disclosure) of technological, financial, commercial, confidential and other information and documentation, trade secrets and personal data of individuals received from the other Party.

• Individual Entrepreneur Yuliia Yuriivna Ahalakova
• Taxpayer ID (RNOKPP) 3103301849
• Registered address Ukraine, 61172, Kharkiv Oblast, Kharkiv, 52 92nd Brigade St, apt. 61
• IBAN UA613052990000026002046815700, JSC CB «PRIVATBANK»
• E-mail info@busgo.in.ua
• Telephone +38 (099) 755 94 59, +38 (096) 068 97 38 (24 hours a day, free of charge from landline and mobile telephones in Ukraine)