1. TERMS AND CONDITIONS OF USE
Welcome to the Adventure Tours in Ukraine website (hereafter ”the Website”). This page (together with the documents referred to on it) tells you the terms and conditions on which the Adventure Tours in Ukraine company (hereafter “the Company”) provides any of the services (hereafter “Services”, “Service”, ”the Services” and/or ”the Service”) listed on the Website to our clients (hereafter “Client” and/or “Clients”). Please read these terms and conditions carefully before ordering any Services from the Company via the Website or other offered means of communication (hereafter “Communication”) listed in the PRIVACY block. By placing an order on the Website or through Communication, you agree to be bound by these terms and conditions set out on the Website.
If you have any questions relating to these terms and conditions please contact info@adventureua.com before you place any orders.
If you do not agree to the terms of use and conditions, please do not agree to them on request, exit Adventure Tours in Ukraine Website and do not place any orders.
2. INFORMATION ABOUT ADVENTURE TOURS IN UKRAINE BUSINESS
The Website is managed by Adventure Tours in Ukraine (“the Company”, “Adventure Tours in Ukraine", "we", "our" and/or "us”) which is managed by a legal entity. The Company is registered in Ukraine as a legal entity with all the required documents and certifications.
You can contact us at info@adventureua.com or by telephone: +38-066-588-05-07.
As you may be aware, Adventure Tours in Ukraine business is, to a certain extent, a middleman between Clients and service or hardware providers (hereafter “Provider”, “Providers”), where Providers are owned and operated by entities independent from the Company.
Every Provider is chosen and systematically checked by us to assure quality and safety of the provided services and hardware. However, each Provider is independently responsible for its own legal and regulatory compliance, and for the operation of its own hardware as well as any other issues regarding the Services ordered by you via the Website and/or Communication. This means that each Provider, chosen by the Adventure Tours in Ukraine company is solely liable for all services and hardware which they provide.
3. PRIVACY
We understand and respect your privacy, and we only ask for the data necessary to process your orders as well as to make our services better. We may transfer personal data that we collect from you via the Website and/or Communication for online and/or offline order processing to third party entities located in Ukraine. Please be aware that our collection, storage and use of your personal data will continue to be governed by these terms and conditions and our Privacy Policy. By ordering from us you acknowledge that you agree to such transfer.
Please carefully read the information written below concerning our usage of the data we gain from you:
4. SERVICES
All Services are subject to availability if offered via our Website. You may find detailed description of every Service in the appropriate menu of the Website.
We offer complex services which include but aren’t limited to:
If you have any intolerance or any restrictions towards any activities listed and/or possibly present during provision of the chosen Services by us, please make sure to inform the Company managers directly and in full before submitting your order application.
Great care is taken in the preparation of all the Services, however, we cannot guarantee absence of traffic jams, absence of all bones from meat/fish products. Olives, peaches and other berries, fruit or vegetables may contain stones.
5. ALCOHOL
You must be 18+ to purchase alcohol.
Your access to most activities offered by the Company depends on you being sober.
6. RECEIVING AND PROCESSING ORDERS
We operate at our best as our goal is to provide the best service in the market. This includes maintaining our excellent reputation for individual approach and timing. Unfortunately things do not always go to plan and factors, such as weather, queues and traffic conditions, may occasionally prevent us from achieving these.
We will do everything in our power to avoid any unexpected delays, but should there be any - we will warn you as soon as possible. For a real time update of your order you can write to your manager using all means of communication which we offer.
7. CANCELLATION AND REFUNDS
You have the right to cancel an order by contacting your manager via any written means of communication offered by us. The part of a price you paid before cancellation will be refunded to you (NOTE: NOT THE FULL PRICE).
7.1 IF YOU CANCEL ANY TOUR INSTEAD OF TOURS TO CHERNOBYL
(shooting range tour; T-34 tank or BRDM-2 riding/driving tour; ballooning tour; YAK-52/ CESSNA 172/ helicopter flying tour; trip to Mezhyhirya/ to the Missile Base)
- at least one week (∞ - 7 days) before the tour, you will receive a 100% refund;
- from one week to one day (7 days - 24 hours) before the tour, you will receive a 50% refund (or the full cost of your prepayment if it is 50% or less from the full cost of the tour);
- less than one day (24 hours or less) before the tour, you will receive no refund;
If you do not show up on the tour, you will receive no refund as well.
*There is a possibility of moving the date of a tour in case of availability of a vacant guide, free place on the activity's location and unoccupied transport. In this case you will have to pay 25% more of the tour's cost due to the expenses which were already made in the process of preparation of your tour.
7.2 IF YOU CANCEL THE CHERNOBYL CONTROL ROOM TOUR:
- at least two weeks (∞ - 14 days) before the tour, you will receive a full refund, except for the Chornobyl administration personal fee ($150 per person), which is taken at the moment of booking a tour and is non-refundable;
- from two weeks to three days (14 days - 72 hours) before the tour, you will receive a 50% refund;
- less than three days (72 hours or less) before the tour, you will receive no refund.
7.3 If YOU CANCEL ANY OTHER TOUR TO CHERNOBYL INSTEAD OF THE CONTROL ROOM TOUR:
- at least one week (∞ - 7 days) before the tour, you will receive a full refund;
- from one week to three days (7 days - 72 hours) before the tour, you will receive a 50% refund;
- less than three days (72 hours or less) before the tour, you will receive no refund.
**The Company reserves the right to cancel any order, before or after proceeding it, and will notify you immediately if any cancellation happens. You will be refunded 100% with subtraction of order processing fees for orders cancelled by the Company.
***Please be aware that it may take up to four weeks for the actual refund to occur, depending on your bank’s policy.
8. PRICE AND PAYMENT
The price of any Services will be as quoted on our Website and may vary depending on numerous factors, except in cases of obvious error.
Prices are liable to change at any time, but changes will not affect orders that have already been placed and/or paid for (payment confirmation will be provided by email). Despite our best efforts, some of the Services listed on our Website may be incorrectly priced (either due to human or technical error). We normally verify prices as part of the order process during communication with Clients.
Prepayment for Services should be made online using certified online payment services, with which the Company signed an official cooperation agreement or offline, in cash/terminal at the office. We accept payment via any financial service permitted by payment services we work with. The rest of the payment can be made online together with the prepayment or on the day of Service provision in cash/terminal at the meeting point. All financial services via which you may pay are listed at the end of this block of the Terms and conditions of Use as well as on our Website.
Offered payment methods:
- WayForPay. This is a payment aggregator that performs acceptance of online payments for internet-businesses through various payment methods. It has its own WayForPay Antifraud system to detect fraudulent transactions.
9. OUR LIABILITY
If we, as Adventure Tours in Ukraine, fail to comply with these terms and conditions we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, up to the amount of the purchase price paid by you for the Services you ordered. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach at the time you purchased from the Website and/or through Communication.
All activities as part of the Services we provide are subjected for participation as stated by the relevant information on the Website. By agreeing to these terms you agree not to participate in any activities of the provided Services if they go against your economic, health, political, religious, ethical, or any other opinions and/or positions.
The Company has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, as well as any other loss over any cause other than listed as being liable for in these Terms of use.
10. TERMINATION
We reserve the right to decline a new order, terminate your right to link to the Website under these terms and conditions. If we consider there to be a risk of liability or loss to us or our Providers we may take any action deemed necessary to prevent such a liability or loss from occurring. The Company or any Provider working with us may also, in certain circumstances, ask you not to return to any point of Service provision and/or order any Services, and we would typically respect the Provider’s decision in this regard.
If we terminate your right to link to the Website you must cease linking to the Website immediately. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.
11. WRITTEN COMMUNICATION
Applicable laws require that the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on the Website and/or through Communication. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a contract that is caused by events outside our reasonable control (a "Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond both our reasonable control and the reasonable control of the Provider and includes in particular (without limitation) the following:
a.) Strikes, lock-outs or other industrial action;
b.) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c.) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d.) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e.) Impossibility of the use of public or private communications networks;
f.) The acts, decrees, legislation, regulations or restrictions of any government (including the Chernobyl Exclusion Zone getting closed for tourist entrance for any reason); or
g.) Non-performance by subcontractors.
13. WAIVER
If the Company fails, at any time during the term of a contract, to insist upon strict performance of any of your obligations under any contract or any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by the Adventure Tours in Ukraine company of any default shall not constitute a waiver of any subsequent default.
No waiver by the Company of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing (email correspondence will be permitted).
14. SEVERABILITY
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
The Company has the right to revise and amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order Service(s) from Adventure Tours in Ukraine, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
17. THIRD PARTY RIGHTS
No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.
18. LAW AND JURISDICTION
Contracts for the purchase of Services through our Website and/or Communication and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Ukrainian law. Any disputes or claims arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Ukraine.
