Offer agreement
PUBLIC OFFER
(Agreement) for the provision of entertainment services on the territory of the Family Entertainment Complex
city of Odesa "31" January 2023
This public offer (agreement) for the provision of entertainment services on the territory of the Family and Entertainment Complex, hereinafter referred to as the "Agreement", is concluded between the Representatives of the Family and Entertainment Complex, hereinafter referred to as the "Contractor", and all those wishing to receive entertainment services on the territory of the Family and Entertainment Complex, hereinafter referred to as the "Customer" or "Client", and regulates legal relations related to the provision of entertainment services by the Contractor to the Customer (Client) on the terms and conditions specified in this Agreement.
In this Agreement, the terms are used in the following meanings:
1. Public offer - an offer of the Contractor posted on the
website or on the information stand (consumer corner) of the Family
Entertainment Complex and addressed to an unlimited number of persons to
conclude this Agreement on the terms and conditions specified herein.
2. The Family and Entertainment Complex is a complex of
premises of the Family and Entertainment Complex "Children's City of
Professions "KIDS CITY" or a complex of premises of the Family and
Entertainment Complex "World of Children's Entertainment "KIDS
PLANET" located at the address: city of Odesa, 5/2 Genoese St., Gagarin
Plaza shopping mall, which includes thematically equipped play areas, restaurants
(cafes), recreation facilities, sanitary, auxiliary and service premises, as
well as common areas.
3. Representatives of the Family and Entertainment Complex
are legal entities or individual entrepreneurs who carry out their economic or
business activities on the territory of the Family and Entertainment Complex
and provide entertainment services to the Customer (Client). Information about
the representatives of the Family and Entertainment Complex is indicated on the
information stand (consumer corner) in the Family and Entertainment Complex
"Children's City of Professions "KIDS CITY" and on the
information stand (consumer corner) in the Family and Entertainment Complex
"World of Children's Entertainment "KIDS PLANET".
4. Customer means any individual who orders (books)
entertainment services in the Family and Entertainment Complex.
5. Website of the Family and Entertainment Complex - the
official website of the Contractor on the Internet at: www.kids.gagarinn.com,
which is one of the main sources of informing the Customers (Clients).
6. Client is any individual who personally or for whom the
Customer orders (books) entertainment services in the Family and Entertainment
Complex and who receives entertainment services in the Family and Entertainment
Complex.
7. A group of clients is a certain number of individuals who
personally or for whom the Customer orders (reserves) entertainment services in
the Family and Entertainment Complex, who arrive at the Family and
Entertainment Complex on the agreed date and time and receive entertainment
services.
8. Entertainment services are the services of the play area,
which is equipped with various attractions, slides, trampolines or arranged in
the form of a thematic city of professions, animation services, catering services
(cafe, restaurant) and other services, the list and cost of which is available
on the website and at the reception of the Family and Entertainment Complex.
9. Booking is the process of ordering entertainment services
by the Customer from the Contractor in a certain amount in order to use the
services within the agreed time frame by the Client or a Group of Clients.
10. Acceptance - full, unconditional and unconditional acceptance by the Customer (Client) of the terms of this Agreement. Acceptance is carried out by performing any of the following actions together or separately: booking entertainment services by the Customer, paying for entertainment services by the Customer (Client), receiving a silicone bracelet that gives the right to enter and receive services of the game zone or direct use of entertainment services by the Client. Any single action specified in this subclause, performed by the Customer (Client), indicates that this Agreement has been concluded by the Parties.
1. SUBJECT OF THE AGREEMENT
1.1. Under the terms of this Agreement, the Customer shall
book entertainment services in the Family and Entertainment Complex and pay for
the booked services, and the Contractor shall provide the Clients specified by
the Customer with the entertainment services paid by the Customer in accordance
with the terms of this Agreement.
1.2. Booking of entertainment services in the Family
Entertainment Complex shall be made on the basis of information provided by the
Customer.
1.3. The procedure for payment and the cost of entertainment services provided by the Contractor are indicated on the website and at the reception of the Family and Entertainment Complex.
2. PROCEDURE FOR CONCLUDING THE AGREEMENT
2.1. In accordance with Article 633 of the Civil Code of
Ukraine, this Agreement is a public contract.
2.2. The Contractor's posting of the text of this Agreement
on the website or on the information stand (consumer corner) of the Family and
Entertainment Complex is an offer of the Contractor to all those wishing to
receive entertainment services at the Family and Entertainment Complex to
conclude an agreement on the terms and conditions set forth in the text of this
Agreement.
2.3. The Agreement shall be concluded by full, unconditional
and unconditional acceptance by the Customer (Client) of all the terms and
conditions set forth in the text of this Agreement.
2.4. The moment of conclusion of the Agreement (acceptance)
shall be deemed to be the aggregate or separate performance by the Customer
(Client) of any of the following actions: booking of entertainment services in
the Family and Entertainment Complex by the Customer, payment for entertainment
services by the Customer (Client), receipt of a silicone or paper bracelet that
gives the right to enter and use the play area or direct use of entertainment
services. From this moment on, the Agreement is considered concluded, and the
Customer (Client) is a party to the Public Agreement.
2.5. The Public Agreement is concluded and thus has legal
force in accordance with Art. 642 of the Civil Code of Ukraine and is
equivalent to an agreement personally signed by the Customer (Client) and the
Contractor.
2.6. The Customer (Client) declares that he/she is of sound
mind and clear memory, acts voluntarily, consciously and reasonably, without
the influence of fraud, deception, without any coercion, both physical and
psychological, understands the significance of his/her actions and their legal
and factual consequences and realizes and confirms that the fact of entering into
this Agreement means that the Customer (Client) consciously agrees to all the
terms of the Agreement.
2.7. The conclusion of this Agreement means that the Customer (Client) is fully familiar with the terms of this Agreement and the Rules of Visiting the Family Entertainment Complex, agrees with them and accepts them in full, and undertakes to comply with the terms of this Agreement and the Rules of Visiting the Family Entertainment Complex.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 The Contractor is obliged to:
3.1.1. After the Customer has booked entertainment services
in the Family and Entertainment Complex, send a confirmation of booking
entertainment services in the Family and Entertainment Complex to the e-mail
specified by the Customer or provide a paper receipt when purchasing on site.
3.1.2. To provide the Client/s specified by the Customer
with entertainment services of high quality and in full in accordance with the
reservation made.
3.1.3. To inform the Customer (Client) about additional services
provided at the Family and Entertainment Complex and the form and procedure for
their payment.
3.1.4. Provide free entrance to the Family and Entertainment
Complex and free services of the play area to the Clients on their birthday and
to children under the age of 1.6 years (in the presence of supporting documents
(birth certificate, passport)). All other Clients enter the Family and
Entertainment Complex and receive entertainment services on a paid basis.
Persons under the age of 18 may be admitted to the Family and Entertainment
Complex only if accompanied by parents or other adult persons accompanying the
above-mentioned persons.
3.1.5. At the request of the Client, to conduct a short oral
briefing on the rules of behavior on a particular attraction and safety rules,
or to provide other advice.
3.1.6. To supervise the Client's compliance with the rules
of conduct and safety rules when receiving entertainment services in the Family
Entertainment Complex in order to prevent possible injury, damage to health, as
well as to provide first aid to the Client in case of unforeseen incidents
related to injuries or damage to health.
3.2. The Contractor has the right to:
3.2.1. To require the Customer (Client) to comply with all
requirements of this Contract and the Rules for visiting the Family
Entertainment Complex, which are posted on the website and the information
stand (consumer corner) of the Family Entertainment Complex.
3.2.2. To terminate this Agreement early and stop providing
entertainment services to the Client, as well as to offer to leave the
territory of the Family and Entertainment Complex if the Client repeatedly or
grossly violates the terms of this Agreement and/or the Rules for visiting the
Family and Entertainment Complex, which leads or may lead to material damage,
creates a danger to health, property, or creates inconvenience in receiving
services by other Clients. In this case, no monetary payments or compensation
shall be made to the Client for services not received.
3.2.3. Not to allow the Client to enter the territory of the
Family and Entertainment Complex if there are obvious signs that the Client is
in a state of alcohol or drug intoxication or under the influence of
medications, if this affects the Client's behavior, reaction and consciousness
and in the presence of manifestations of infectious diseases.
3.2.4. To deny the Client access to the Family and
Entertainment Complex if he/she tries to bring any kind of weapons, explosives
or poisonous substances to the territory of the Family and Entertainment
Complex.
3.2.5. To demand from the Client compensation for material
damage caused by him to the Contractor or the Family and Entertainment Complex.
3.2.6. For the safety of the Clients, the Contractor has the
right to determine and set restrictions on the admission of Clients to certain
types of attractions by age, height and/or weight.
3.2.7. Restrict the use of any premises, attraction or
equipment for maintenance or repair work.
3.2.8. To carry out video surveillance in the premises of
the Family and Entertainment Complex (except for restrooms), common areas and
adjacent territory, as well as video and audio recording of the actions of the
Contractor's employees, Customers (Clients), without additional consent of the
latter (taking into account the norms of morality and ethics). Video
surveillance is carried out for the safety of the Clients, their property, and
the Contractor's property. The results of video and audio recording shall be
used by the Contractor in accordance with the current legislation of Ukraine
(including as evidence in any disputes).
3.2.9. To unilaterally amend this Agreement and the Rules
for visiting the Family and Entertainment Complex at any time at its sole
discretion. Such changes shall come into force from the moment the amended text
is posted on the website and/or information stand (consumer corner) of the
Family and Entertainment Complex.
3.3. The Customer (Client) is obliged to:
3.3.1. Before paying for entertainment services (acceptance
of this offer), carefully read the terms and conditions of this Agreement and
the Rules for visiting the Family and Entertainment Complex, which are posted
on the website and information stand (consumer corner) of the Family and
Entertainment Complex and unconditionally comply with the terms and conditions
of this Agreement and the requirements of the Rules for visiting the Family and
Entertainment Complex.
3.3.2. To obtain the right to enter the territory of the
Family and Entertainment Complex, pay for the services of the play area in
full.
3.3.3. While on the territory of the Family and
Entertainment Complex, behave in accordance with the rules of public order, not
disturb other Clients and not create inconvenience when receiving entertainment
services, adhere to moral and ethical norms and rules of communication culture,
and not create uncomfortable conditions for other Clients and employees of the
Contractor.
3.3.4. During the stay on the territory of the Family
Entertainment Complex, to observe cleanliness, hygiene and sanitation rules and
safety precautions.
3.3.5. Before using a specific type of attraction, other
specific service or other equipment of the Contractor, carefully read the
relevant instructions located at the entrance to each attraction, or ask the
Contractor's employee to conduct a briefing and, in case of any questions
regarding safety when using attractions or other equipment, ask them to the
Contractor's employee before using the attraction (equipment) and receive
comprehensive and meaningful answers. And only then start using the relevant
attraction or equipment.
3.3.6. When using the attractions or other equipment of the
Contractor, follow the instructions, comments or requirements of the
Contractor's employees.
3.3.7. To treat the property of the Contractor and the
property located on the territory of the Family Entertainment Complex with care
and care.
3.3.8. Take care of your belongings and do not leave them
unattended.
3.3.9. To be responsible for damage caused to the
Contractor's property, property located on the territory of the Family and
Entertainment Complex and property of third parties, as well as to be
responsible for their actions and actions of minors accompanied by them during
their visit to the Family and Entertainment Complex.
3.3.10. To fully compensate for losses in connection with
damage or loss of property caused by the fault or negligence of the Client
and/or minors accompanying him/her during their visit to the Family and
Entertainment Complex.
3.3.11. It is forbidden to bring to the territory of the
Family and Entertainment Complex
- any animals, birds, reptiles, etc;
- any glass products, any firearms, gas, pneumatic and cold
weapons, sharp cutting objects, as well as explosive, flammable, toxic and
strong-smelling substances
- narcotic or any intoxicating drugs;
- any other substances and objects that pose a threat to the
safety of the Clients of the Family and Entertainment Complex;
- drinks, food, water that are made or purchased outside the
Family and Entertainment Complex;
- bulky items, suitcases, backpacks.
3.3.12. It is prohibited to carry out the following
activities on the territory of the Family and Entertainment Complex
- to conduct trade, advertising or other commercial
activities, as well as video and photo shooting without the appropriate
permission of the Administration of the Family and Entertainment Complex;
- smoke on the entire territory of the Family and
Entertainment Complex;
- to be in the areas of attractions with drinks and food
(including chewing gum), toys and other items;
- bring your own food, drinks, sweets to the territory of
the complex;
- be in a state of alcohol or drug intoxication;
- visit attractions with manifestations of infectious
diseases and other contraindications for visiting attractions.
3.4. The Customer (Client) has the right to:
3.4.1. Use the entertainment services of the Family
Entertainment Complex in the manner specified in this Contract and in the Rules
for visiting the Family Entertainment Complex.
3.4.2. To use the entertainment services during the entire
working day of the Family and Entertainment Complex.
3.4.3. To receive complete and accurate information
regarding the entertainment services provided in the Family and Entertainment
Complex.
3.4.4. To refuse to receive entertainment services within 10
minutes from the moment of crossing the turnstile at the entrance to the Family
and Entertainment Complex, with a refund of the full cost of the paid
entertainment services. In case of refusal to receive entertainment services
later than 10 minutes after entering the Family and Entertainment Complex, the
paid funds are not refundable.
3.4.5. To contact the Contractor's employees with a request
to conduct a brief oral briefing on the rules of conduct on a particular
attraction and safety rules, or to provide other advice.
3.4.6. Require the Contractor to perform its duties under this Agreement in a quality manner and in full.
4. COST OF SERVICES AND PAYMENT PROCEDURE
4.1 The Contractor provides the Client with entertainment
and additional services on a paid basis. The services provided by the
Contractor and their cost are indicated on the website and at the reception of
the Family and Entertainment Complex.
4.2 Payment for the Contractor's services shall be made in
UAH both in non-cash form by transferring funds to the Contractor's bank
account and in cash by paying to the cash desk of the Family and Entertainment
Complex.
4.3. The Contractor's services can be paid for both by the
Customer when making a reservation and by the Client /s on the territory of the
Family and Entertainment Complex.
4.4. In order to obtain the right to enter the territory of
the Family and Entertainment Complex, the Client pays for the services of the
play area in full and receives a silicone bracelet with a barcode.
4.5. The bracelet with a barcode is issued on the day of the
visit to the Family and Entertainment Complex, is a confirmation of payment for
the services of the play area and serves as a pass to the territory of the
Family and Entertainment Complex.
4.6. After entering the territory of the Family and
Entertainment Complex, the Client has the right to receive animation services,
catering services (cafe, restaurant) and other services that are paid
additionally.
4.7. If the Client refuses to receive the services of the
play area within 10 minutes from the moment of crossing the turnstile to the
entrance to the Family and Entertainment Complex, the full cost of the services
of the play area paid by him/her shall be refunded. In case of refusal to use
the services of the play area later than 10 minutes after entering the Family
and Entertainment Complex, the paid funds are not refundable.
4.8. When booking catering services, the Customer pays 100%
of the cost of the ordered services as a deposit, the cost of the ordered
catering services is paid upon visiting the Family and Entertainment Complex.
4.9. If the Client refuses to receive the ordered catering services no later than 24 hours before the time of the scheduled receipt of services, the full cost of the catering services paid by him/her shall be refunded. In case of refusal to receive catering services later than 24 hours before the time of the scheduled receipt of services, the paid funds are not refundable.
6. RESPONSIBILITY OF THE PARTIES
6.1. For violation of the terms of this Agreement, the
Parties shall be liable as provided by this Agreement and the current
legislation of Ukraine.
6.2. The Client is fully responsible for the material damage
caused by him/her to the Contractor, the Family and Entertainment Complex
and/or third parties and undertakes to compensate it in full.
6.3. The Customer shall be personally liable for minors
accompanied by him/her when visiting the Family and Entertainment Complex and
for the consequences of their behavior.
6.4. The Client, in case of detection of deficiencies in the
service provided, inconsistency of the service, has the right to demand
elimination of deficiencies free of charge and within the period specified by
the Parties.
6.5. The Contractor shall take measures to eliminate the
deficiencies of the service provided as soon as possible from the moment the
Client submits the relevant request.
6.6. The Contractor shall not be liable for deficiencies in
the services provided if it proves that they arose through the fault of the
Client or as a result of force majeure.
6.7. The Contractor shall not be liable for damage caused to
the health and property of the Customer as a result of
- negligent actions of the Customer and/or third parties in
the process of receiving entertainment services;
- culpable actions of the Customer and/or third parties that
led to the damage;
- violation of the Rules of Visiting the Family and
Entertainment Complex, rules of use of attractions and safety precautions;
- being in a state of drug or alcohol intoxication on the
territory of the Family and Entertainment Complex;
- failure to comply with the instructions of the
Contractor's employees, as well as in case of visiting the attractions in the
presence of medical contraindications for visiting the attractions.
6.8. The Contractor shall be responsible for the safety of
the Clients' clothes that have been handed over to the wardrobe and shall not
be responsible for the safety of documents, valuables (money, jewelry,
securities, electronic gadgets, etc.) and other personal belongings left in the
clothes.
6.9. The Contractor shall not be liable for money, jewelry,
securities, jewelry, electronic gadgets and other personal belongings of the
Clients that were left unattended and disappeared (lost, misplaced) for any
reason on the territory of the Family Entertainment Complex.
6.9. In case of injury to health and/or loss or damage to
personal belongings, the Client must immediately notify the administration of
the Family and Entertainment Complex in order to record the place, time and
circumstances and register the incident. If the Client does not notify the
administration of the Family and Entertainment Complex of the incident before
the end of his/her stay on the territory of the Family and Entertainment
Complex, his/her complaints to the Contractor shall not be considered and
satisfied.
6.10. In case of gross or repeated violation by the Client of safety rules, sanitary norms, Rules for visiting the Family and Entertainment Complex or the terms of this Agreement, as well as creating inconveniences for other Clients in receiving entertainment services, or the Client commits illegal actions in relation to the property belonging to the Contractor, the Family and Entertainment Complex or other Clients, the Contractor has the right to refuse to provide entertainment services to the Client and demand that he/she immediately leave the territory of the Family and Entertainment Complex, or to make a replacement of the property. In this case, the funds paid by the Client are not refundable. Clients who violate the terms of this Agreement and the Rules for visiting the Family and Entertainment Complex may be denied the right to visit the Family and Entertainment Complex again.
7. TERM OF THE AGREEMENT
7.1. This Agreement shall enter into force from the moment
the Customer books entertainment services in the Family and Entertainment
Complex, pays for entertainment services, receives a silicone bracelet that
gives the right to enter and receive services of the play area or directly use
entertainment services by the Customer and is valid until the end of the
Customer's stay in the Family and Entertainment Complex.
7.2. The Agreement may be terminated unilaterally at the
initiative of the Contractor in the following cases:
7.2.1. In case of gross or repeated violation by the
Customer of safety rules, sanitary norms, the Rules for visiting the Family and
Entertainment Complex, or the provisions of this Agreement, as well as creating
inconveniences for other Clients in receiving entertainment services.
7.2.2. If the Client commits unlawful acts in relation to the property belonging to the Contractor, the Family and Entertainment Complex or other Clients.
8. DISPUTE RESOLUTION PROCEDURE
8.1. All disputes that may arise in connection with the
performance of this Agreement or related to it shall be resolved through
negotiations between the Parties.
8.2. If the dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the current legislation of Ukraine.
9. FINAL PROVISIONS
9.1. Relations between the Parties not regulated by this
Agreement shall be governed by the current legislation of Ukraine.
9.2. All amendments and additions to the Agreement shall be
made by posting the new text of the Agreement on the website and/or on the
information stand (consumer corner) of the Family and Entertainment Complex.
9.3. The information shall be deemed to have been
communicated to the Customer (Client) if it is posted on the website and/or on
the information stand (consumer corner) of the Family Entertainment Complex.
9.4. This Agreement is concluded by the Parties in full
understanding of its terms and terminology in the Ukrainian language.