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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.