on the provision of services

This Agreement in which one party Limited Liability Company “Gamma Travel”, registered in the Unified State Register of Legal Entities and Individual Entrepreneurs in accordance with the procedure established by the current Laws (hereinafter - the Contractor), of the one part, and any person who took (accepted) this offer (hereinafter - the Customer), of the other part, hereinafter collectively referred to as the Parties, and each separately - the Party, have entered into this Agreement (hereinafter — the Agreement) addressed to an unlimited number of persons, which is the official public offer of the Contractor, to enter into the Agreement with any Customer on the provision of services for the organization of the tour according to the order, acting as a travel agent. When ordering and payment for services of the Contractor, the Customers agree to the terms and conditions hereof as follows

1. GENERAL PROVISIONS

   1.1. This Agreement is entered into by providing full and unconditional consent (acceptance) of the Customer to enter into the Agreement in full, without signing a written counterpart hereof by the Parties.

   1.2. The Agreement has legal force according to Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.

   1.3. The Customer confirms the fact of familiarization and agreement with all the terms and conditions hereof in full by the acceptance.

   1.4. Any of the following actions shall be deemed to be the acceptance of this public offer agreement:

   • the fact of registration of the Customer on the website of the Contractor and registration of the Order of the Contractor's Services on the website of the Contractor https://gamma-travel.com/. The online payment and booking system accepts the application only after the client has read the terms and conditions hereof. By clicking “Book now” and “GO” the Customer confirms that he/she has read and agrees to the terms and conditions hereof;
   • payment for the Contractor's Services under the terms and conditions and in accordance with the procedure specified herein and on the relevant pages of the website of the Contractor https://gamma-travel.com/;
   • written (including electronic form by e-mail) notification of the Customer on the acceptance of the terms and conditions hereof to the e-mail address specified on the website https://gammatravel.com/.

   1.5. By entering into this Agreement, the Customer automatically agrees to the full and unconditional acceptance of provisions hereof, the prices of Services and all annexes that are integral parts hereof.

   1.6. If the Customer does not agree with the terms and conditions hereof, he/she has no right to enter into this Agreement and has no right to use the Services hereunder.

2. TERMS AND DEFINITIONS

   “Public offer agreement” is a public agreement, a sample of which is posted on the website https://gamma-travel.com/.

   “Acceptance” is the providing by the Customer full and unconditional consent to enter into this Agreement in full, without signing a written counterpart hereof by the Parties.

   “Services” are the Service or several Services for the organization of visits to the Chernobyl exclusion zone and the zone of unconditional (mandatory) resettlement and other tourist services that are provided by the Contractor and specified by the Contractor in the relevant section of the website of the Contractor https://gamma-travel.com/.

   “Customer” is any legally capable individual, legal entity, individual entrepreneur, as well as persons on whose behalf the Client, within the framework of the powers granted, enters into the agreement on the organization of visits to the exclusion zone through the website https://gamma-travel.com/ by the acceptance hereof.

   “Contractor” is a business entity, individual entrepreneur, providing services for the organization of visits to the Chernobyl exclusion zone and other tourist services, reference details of which are specified in section 12 hereof.

   “Order” is a duly executed application of the Customer for receiving the Services addressed to the Contractor.

3. SUBJECT MATTER OF THE AGREEMENT

   3.1. The Contractor undertakes, under the terms and conditions and in accordance with the procedure specified herein, to provide the Customer with Services for the organization of visits to the Chernobyl exclusion zone and the zone of unconditional (mandatory) resettlement and other tourist services, and the Customer undertakes, under the terms and conditions and in accordance with the procedure specified herein, to accept and pay for the ordered Services.

   3.2. The Customer agrees to the processing of personal data and transfer them to third parties involved in the organization of the visit.

   3.3. The Customer and the Contractor confirm that this Agreement is not a fictitious or fraudulent transaction or a transaction entered into under the influence of pressure or deception.

   3.4. The Contractor confirms that he is entitled to carry out activities in the tourism sector in accordance with the requirements of the current Laws of Ukraine.

   3.5. The processing time of the Order by the Contractor is up to 3 (three) working days from the date of its registration. If the Order is sent on a weekend or holiday, the Order processing period starts from the first working day after the weekend.

4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

   4.1. The Contractor undertakes:

   • to comply with the terms and conditions hereof;
   • to provide the Customer with good quality Services;
   • to inform objectively the Customer about the Services and terms and conditions of their provision on the website https://gamma-travel.com/;
   • to transfer to the Customer the permit documents necessary for visiting the Chernobyl exclusion zone, namely, pass tickets and an insurance policy;
   • to acquaint the Customer with the rules of visits to the Chernobyl exclusion zone and the zone of unconditional (mandatory) resettlement, and the Customer to comply strictly with them;
   • to provide the Customer with information on the requirements for the registration of permit documents and terms of their receipt.
   • at the request of the Customer to provide additional information on the program, route, vehicle, accompanying person, meals, accommodation, to inform about the date and time of the beginning and end of the trip, its duration, the cost of the trip and order of payment

   4.2. The Contractor is entitled:

   • to transfer the right to organize the trip to other persons without giving a notice to the Customer.
   • to suspend unilaterally the provision of services hereunder in case of violation by the Customer of the terms and conditions hereof;
   • other rights in accordance with the current Laws of Ukraine and this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

   5.1. The Customer undertakes:

   • to pay without undue delay and receive the Order under the terms and conditions hereof;
   • to read information on the Services posted on the website of the Contractor;
   • to arrive on time at the meeting point of the group;
   • when ordering services for visits to the exclusion zone and the zone of unconditional (mandatory) resettlement, to make sure that all declared persons have reached the age of eighteen on the day of the visit;
   • when ordering services for visits to the exclusion zone and the zone of unconditional (mandatory) resettlement, to inform in advance in any form (by e-mail or Fax) about the date of the visit and the period of stay in the exclusion zone and the zone of unconditional (mandatory) resettlement;
   • to provide information on the personal composition of the group (surname, name in the original language, information on citizenship and the number of the identity document, other necessary data);
   • to verify the accuracy and correctness of the information provided;
   • to compensate for the losses caused to the organizer of the trip by his/her illegal actions or illegal actions of persons who accompany him/her;
   • to compensate for the losses on his/her own and in full caused to the persons providing services for accommodation, meals, transportation included in the cost of the trip;
   • to pay on his/her own and in full for the use of additional services in places of accommodation and stay;
   • to acquaint each member of the group with the rules of stay in the exclusion zone and the zone of unconditional (mandatory) resettlement, namely:
   • When visiting the exclusion zone and the zone of unconditional (mandatory) resettlement, visitors undertake to observe strictly the Rules of radiation safety, Basic sanitary rules, Rules of physical protection, the program, designated route and recommendations of the accompanying person.
   • When crossing the border of the exclusion zone and the zone of unconditional (mandatory) resettlement at the check-point “Dytiatky”, visitors undertake to have passport documents with them.

   • Visitors who are in the exclusion zone and the zone of unconditional (mandatory) resettlement undertake:

     - to comply strictly with the requirements of the accompanying person concerning the Rules of radiation safety, Basic sanitary rules, Rules of physical protection;

     - to be able to use basic and additional personal protective equipment, use clothes and shoes, covering the body, arms and legs as much as possible;

     - to comply with preventive and prohibitive signs, posters of radiation safety;

     - to adhere to the approved program and route;

     - to adhere to radiation cleanliness in public areas, do not put personal belongings on the ground, do not eat outdoors;

     - to drink potable water only from the water supply network of Chernobyl or imported in packaging of the manufacturer;

     - to comply with the rules of personal hygiene.

   • During the stay in the exclusion zone and the zone of unconditional (mandatory) resettlement, visitors are prohibited:

     - to bring weapons, to consume alcoholic beverages and drugs;

     - to eat and smoke outdoors;

     - to put photo, video equipment on the ground;

     - to take out outside the exclusion zone and the zone of unconditional (mandatory) resettlement any items originating from these zones;

     - to take out outside the exclusion zone and the zone of unconditional (mandatory) resettlement the products of plant growing and animal husbandry (vegetables, fruits, berries, mushrooms, plants, fish, other food products grown (produced) on the territory of the exclusion zone and the zone of unconditional (mandatory) resettlement), except for samples for scientific purposes on the basis of a special permit;

     - to take out outside the territory or bring in the territory of the exclusion zone and the zone of unconditional (mandatory) resettlement the animals (dogs, cats, etc);

     - to break the form of clothing (open footwear, short pants, skirts);

     - to be on the territory of the exclusion zone and the zone of unconditional (mandatory) resettlement without the accompanying person;

     - to travel outside the exclusion zone and the zone of unconditional (mandatory) resettlement in additional personal protective equipment;

     - to visit the dining room in dirty clothes and shoes;

     - to drink water from wells, rivers and other land-based sources;

     - to swim, sunbathe, fish, hunt, pluck fruits, vegetables, berries, mushrooms and other forest products;

     - to eat fruits, mushrooms, berries, meat of wild animals, poultry, fish and other food products grown in the exclusion zone and the zone of unconditional (mandatory) resettlement;

     - to visit the zone I (10 kilometre zone) and zone II (buffer) without approval of radiation safety service and without the accompanying person;

     - to move around the territory of zone I (10 kilometre zone) and zone II (buffer) outside the designated routes.

   5.2. The Customer is entitled:

   • to register Service Order specified on the corresponding webpage https://gamma-travel.com/;
   • to demand from the Contractor Services provision in accordance with the terms and conditions hereof;
6. PRICE OF THE AGREEMENT AND PAYMENT PROCEDURE

   6.1. The price of each individual Service is determined by the Contractor and indicated on the corresponding webpage https://gamma-travel.com/. The price hereof (cost of the Order) is determined by adding up the prices of all Services selected by the Customer.

   6.2. The Customer pays for the Services of the Contractor on the basis hereof in UAH, the national currency of Ukraine. The Parties agree that the equivalent cost of Services determined on the corresponding webpage https://gamma-travel.com/ in EUR, USD and GBP is paid by the Customer in UAH in accordance with the official exchange rate of UAH to the respective currency established by the National Bank of Ukraine on the day of issuing the relevant invoice for the Services by the Contractor.

   6.3.All applications not paid within 5 days will be cancelled by the Contractor. The date of payment shall be deemed to be the date of transfer of funds to the account of the Contractor.

   6.4. In case of cancellation of the visit by the Customer 15 days or more prior to the date of the trip, the prepayment is returned by the Contractor in full.

   6.5. In case of cancellation of the visit by the Customer less than 15 days prior to the date of the trip, the prepayment is not returned by the Contractor.

   6.6.

   In case of cancellation of the visit by individual members of the group when ordering an individual trip less than 15 days prior to the date of the trip, the cost of the tour is not recalculated by the Contractor.

   6.7.In case of untimely arrival of the Customer at the meeting point of the group or arrival in a state of hangover or alcohol intoxication, the prepayment is not returned by the Contractor and the visit is cancelled.

   6.8.The commission for the transfer of funds is paid by the Customer.

   6.9. The Contractor will return 50% of the order cost in case of force majeure circumstances on the day of the trip, such as extreme weather conditions, forest fires and ordinances of institutions and organizations operating in the exclusion zone and the zone of unconditional resettlement.

   6.10. The Contractor shall not compensate for accommodation expenses, flight and other accompanying expenses not directly related to the provision of services to the Customer.

   6.11.Payment for Services is carried out by:

   6.11.1. 100% or partial payment by transfer of funds to the current account of the Contractor on the basis of the invoice issued by the Contractor.

   6.11.2. In case of partial payment, the rest of payment is made on the day of the tour prior to the trip in cash or by card (+ 3% of the Bank commission is paid by the Customer)

   6.11.3. The prepayment Visa and Mastercard is made using the Portmone.com online payments service. Payment security is confirmed by the PCI DSS security audit. If you have any questions, please contact +380(44)2000902, support@portmone.com

   6.12. Payment for the Services shall be made by the Customer within 3 (three) banking days from the date of conclusion hereof by the Parties and issuance of the relevant invoice by the Contractor. The invoice drawn up by the Contractor shall be valid for three banking days.

   6.13. The Customer can find out from the Contractor all questions arising in the process of payment and receipt of Services on the contact details specified in section 12 Reference details of the Contractor hereof

7. LIABILITIES OF THE PARTIES AND DISPUTE SETTLEMENT

   7.1. For non-fulfillment or improper fulfillment of their obligations hereunder the Parties shall bear responsibility in accordance with the current Laws of Ukraine.

   7.2. All disputes arising out of or related hereto shall be settled by the negotiations between the Parties.

   7.3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved by a court order under the established subordination and jurisdiction of such dispute in accordance with the current Laws of Ukraine.

   7.4. In case of not arrival of the Customer and persons who accompany him/her as a result of incorrectly provided information, not reaching 18 years, all financial costs are borne by the Customer.

   7.5. The Contractor shall not bear responsibility for the storage of luggage, documents and valuables of the Customer during the visit.

   7.6. The Contractor shall not bear responsibility if, by the decision of the structures and organizations engaged in the registration of permit documents, the Customer is denied entry or exit due to the violation of law and order or for other reasons beyond the control of the Contractor.

   7.7. The Customer shall not bear responsibility for the correctness of execution and accuracy of the documents provided to the Contractor necessary for the organization and implementation of the trip.

   7.8. If the Customer rents the Dosimeter from the Contractor and as a result of damage caused by improper use of the device or loss of the device, the Customer shall compensate the Contractor 100 % of the cost of the device, namely the amount is equal to EUR 300.

   7.9. The Contractor shall not bear any responsibility for failure to provide or improper provision of Services to the Customer subject to the occurrence of any circumstances arising beyond the Contractor's control (namely the occurrence of circumstances caused by the fault or negligence of the Customer and/or the occurrence of circumstances caused by the fault or negligence of any third party (any third parties), and/or the occurrence of force majeure circumstances).

8. FORCE MAJEURE CIRCUMSTANCES

   8.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations stipulated hereby if it happened as a result of force majeure circumstances.

   8.2. Force majeure circumstances herein mean any circumstances arising beyond the will or against the will of the Parties and which cannot be foreseen or avoided, including: military actions, civil disturbances, epidemics, blockades, earthquakes, floods, fires, as well as decisions or orders of state authorities and government of the State of which the Customer is a resident or the State of which the Contractor is a resident, as a result of which the Parties (or one of the Parties) will be subject to additional obligations or additional restrictions, and which make it impossible to continue the full or partial performance hereof, as well as other actions or events that exist beyond the will of the Parties.

   8.3. If force majeure circumstances last more than 3 (three) months in a row, each Party shall have the right to refuse further fulfillment of obligations hereunder and, in this case, neither Party shall have the right to compensation by the other Party for possible losses.

9. MISCELLANEOUS

   11.1. This Agreement is drawn up in two languages: Ukrainian and English. During interpretation of the terms and conditions hereof, as well as disputes between the Parties, Ukrainian language shall prevail.

   11.2. Confirmation of the entering into this Agreement is full or partial payment for services.

   11.3. Each Party guarantees to the other Party that it has the necessary legal capability, and exactly all the rights and powers necessary and sufficient for the conclusion and performance hereof in accordance with its terms and conditions.

   11.4. Unilateral amendment of terms and conditions of the entered Agreement by the Customer or refusal to fulfill terms and conditions of the entered Agreement by the Customer is unacceptable, except for the cases stipulated hereby.

   11.5. The Contractor confirms that he is a single taxpayer of 5% (group III) at the rate provided by the Tax Code of Ukraine.

   11.6. The information provided by the Customer is confidential. Information on the Customer is used solely for the purpose of fulfilling his/her Order.

   11.7. By its own acceptance hereof, the Customer voluntarily consents to the collection and processing own personal data for the following purpose: data that become known will be used for commercial purposes, including obtaining information on the order and processing information on it, transmission by telecommunication means (e-mail, mobile communication) of advertising and special offers, information on promotions or any other information on the activities of the website https://gamma-travel.com/. In case of unwillingness to receive information on the activities of the website https://gamma-travel.com/, the Customer is entitled to contact the Contractor by writing an application for refusal to receive advertising materials and sending it to the postal or e-mail address of the Contractor.

   11.8. The Contractor shall not bear responsibility for the content and authenticity of the information provided by the Customer during the Order registration. The Customer shall bear responsibility for the authenticity of the information specified during the Order registration.

   11.9. The Parties undertake to keep confidential information obtained as a result of the performance hereof, except when it is authorized in writing by the other Party or required by public authorities in accordance with the current Laws. The guilty Party shall bear responsibility for the disclosure of confidential information in accordance with the current Laws.

   11.10. The Agreement is public and perpetual and is valid until terminated by either Party in accordance with the procedure stipulated hereby or current Laws, but in any case, until its final performance by the Parties. This Agreement shall be deemed to be agreed by the Customer and entered into at the location of the Contractor from the date of the acceptance.

   11.11. The Contractor shall determine on his own the terms and conditions hereof and its annexes, which are its integral parts, in accordance with and in compliance with the requirements of the current Laws of Ukraine. The Contractor is entitled to amend and/or supplement unilaterally the terms and conditions hereof and its annexes, including the rules for the provision and receipt of Services hereunder. Herewith, the Contractor guarantees and confirms that the current text version hereof and its annexes, including the rules for the provision and receipt of Services hereunder posted on the website of the Contractor is valid.