Offer

Agreement

PUBLIC OFFER (AGREEMENT)

for the Provision of Hotel Services

Agate Resort Limited Liability Company, represented by its Director Ivanna Vasylivna Kulyk, acting on the basis of the Charter, hereinafter referred to as the "Service Provider", on the one part, and any legal entity, individual entrepreneur, or natural person, or their authorised representative, who has accepted (acceded to) this offer, hereinafter referred to as the "Customer", on the other part, collectively referred to as the "Parties", in accordance with the requirements of Article 633 of the Civil Code of Ukraine, have entered into this agreement addressed to an unlimited number of persons, which constitutes an official public offer by the Service Provider to conclude a Hotel Services Agreement with any Customer. By ordering and paying for the Service Provider's Services, Customers accept the terms of this Agreement as follows:

Terms and Definitions

Public Offer (Agreement) for the Provision of Hotel Services — a proposal by the Service Provider, addressed to an unlimited number of persons, in accordance with Article 633 of the Civil Code of Ukraine, to conclude a public agreement for the provision of hotel services, under which the Service Provider undertakes to provide hotel services to everyone who applies, with the terms of this agreement being uniform for all Customers, except those who are entitled to applicable benefits under the law. The Service Provider shall not give preference to one consumer over another in concluding this agreement unless otherwise established by law. The Service Provider may not refuse to conclude this agreement if it has the capacity to provide the respective services to the Customer.

Acceptance of the Offer — the Customer's full and unconditional consent to conclude this Agreement in its entirety, without signing a written copy of the Agreement by the Parties. The action by the Customer that constitutes acceptance of this public offer agreement is: payment of the invoice for hotel services issued by the Service Provider.

Hotel Service — actions by the Service Provider to accommodate the Customer or Guest by providing a room (space) for temporary residence in the hotel, as well as other activities related to accommodation and temporary residence in said hotel.

Guest(s) — the person(s) who will use or has/have actually used the hotel services.

Room Reservation — an advance booking made at least 3 (three) days prior to the start of the planned check-in date (but no earlier than 6 months before the check-in date).

General Provisions

– This Agreement is concluded by the Customer providing full and unconditional consent (acceptance) to enter into the Agreement in its entirety, without signing a written copy of the Agreement by the Parties.

– The Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to an Agreement signed by the Parties.

– The Customer confirms that they have read and agree to all terms of this Agreement in full by way of acceptance.

– By entering into this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for works (services), and all annexes, which are integral parts of the Agreement.

1. Subject Matter of the Agreement

1.1. Under this agreement, the Service Provider undertakes to provide the Customer with hotel services, namely: temporary accommodation and temporary residence services in specially equipped rooms, as well as catering services for the Customer or third-party Guests specified by the Customer in accordance with the hotel reservation order.

2. Booking, Reservation of Service Provider's Services and Their Provision

2.1. Ordering (booking) of the Service Provider's services is carried out by the Customer submitting an oral or written booking request specifying the period of stay, check-in and check-out date and time, number of spaces and rooms, room category, the Customer's or Guests' surname and initials, number of children and their ages, additional beds, etc.

2.2. Upon receipt of a booking request, the Service Provider sends the Customer an invoice by email indicating the cost of the booked services.

2.3. Within 24 (twenty-four) hours from the moment the Service Provider issues the invoice for the booked services, the Customer must pay the amount specified in such invoice in full by bank transfer, cash, or payment card.

2.4. Upon the funds being credited to the Service Provider's account or paid in cash at the Service Provider's cashier, the Service Provider provides the Customer with a booking confirmation.

2.5. If the Customer or Guest, after booking confirmation, does not use the accommodation service on the specified check-in date (no-show) and has not cancelled the booking at least 14 (fourteen) days prior to the anticipated check-in date, the prepayment for accommodation for the entire period of stay is non-refundable and is retained as a penalty for the Customer's failure to fulfil the terms of this agreement. In such a case, the booking shall be cancelled.

2.6. The funds and/or prepayment provided for in clause 2.2 of this Agreement shall be refunded to the Customer in full if the booking is cancelled at least 14 (fourteen) days before the anticipated check-in date. In such a case, the booking shall be cancelled.

2.6.1. If the booking is cancelled between 13 (thirteen) and 7 (seven) calendar days before the anticipated check-in date, the Customer shall be refunded 50 (fifty) % of the amount paid/prepaid, or, at the Customer's choice, the prepayment shall be credited as a deposit for a future booking.

2.6.2. If the booking is cancelled less than 7 (seven) calendar days before the anticipated check-in date, the funds/prepayment are non-refundable and may only be credited as a deposit for a future booking.

2.7. Early check-in (before the standard check-in time) is only possible upon prior written agreement with the Service Provider.

2.8. Prices for services booked and fully paid for by the Customer cannot be changed.

2.9. Extension of the Customer's or Guest's stay beyond the period specified in the booking order, regardless of the reason (including early check-in, late check-out, or lack of return tickets), as well as accommodation of Guests who arrive without a prior early check-in reservation, is subject to room availability and is payable to the Service Provider at the time of such extension or early check-in. The charge for services is determined at the time of check-in. Check-out time is 12:00; check-in time is 14:00.

2.10. In the event of festive events (festivals, concerts, sporting events, official events, etc.) and/or public holidays, the Service Provider reserves the right to change the prices for Services during such events without prior notice or the Customer's consent. Invoices already issued and fully paid by the Customer shall not be subject to change.

2.11. When paying for the Service Provider's services by payment (bank) card, an additional payment processing fee is charged.

2.12. In cases established by law, a tourist tax is additionally charged. The tax rate is set for each day of temporary accommodation at 1 percent of the minimum wage established by law as of 1 January of the reporting (tax) year, per person per day of temporary accommodation, applicable to domestic and inbound tourism.

3. Rights and Obligations of the Parties

3.1. The Customer is obliged to:

3.1.1. Submit written hotel service booking orders to the Service Provider in accordance with the terms of this agreement.

3.1.2. Inform Guests of the necessary information received from the Service Provider regarding the hotel services provided and the procedure for their provision.

3.1.3. Make timely payment for booked services within the timeframes and in the manner specified in this agreement.

3.1.4. Not to demand a refund of the prepayment for booked rooms in the event of untimely (later than 14 (fourteen) days before the check-in date) cancellation of the booked services order and/or failure to check in to the Hotel, and/or an attempt to cancel and/or modify and/or change the order (when prohibited by the terms of this agreement).

3.1.5. Pay a penalty equal to the prepayment for accommodation for the entire stay in the event of untimely (later than 14 (fourteen) days before the check-in date) cancellation of the booked services order and/or failure to check in to the Hotel, and/or an attempt to cancel and/or modify and/or change the order (when prohibited by the terms of this agreement, including by providing the Customer's and/or Guest's payment card details (cardholder name, number, expiry date, CVC, etc.) by any means to the Service Provider or any third party for transmission to the Service Provider, for any purpose, including but not limited to blocking and/or debiting and/or collecting funds from such payment card or independently making payment via internet payment services).

3.2. The Customer is entitled to:

3.2.1. On their own initiative, make early settlements with the Service Provider.

3.2.2. Refuse the Service Provider's hotel services by making a timely cancellation of the booking at least 14 (fourteen) days before the check-in date.

3.3. The Service Provider is obliged to:

3.3.1. Provide, by posting on the Hotel's official website at https://ribas.ua/hotels/AgateResortbyRibas, accurate and complete information about hotel services, their types, features and prices; provide the Customer or Guest, upon request, with other services related to hotel accommodation; and inform the Customer or Guest of the Hotel's Rules of Stay.

3.3.2. Accept, process, and confirm, subject to the availability of the relevant services, received hotel booking orders within no more than 24 hours from the time of receipt.

3.3.3. Be liable for the quality of the services provided in accordance with the terms of this Agreement and current legislation of Ukraine.

3.3.4. When providing services to the Customer or Guest, comply with the conditions (requirements) specified in the booking order submitted by the Customer.

3.4. The Service Provider is entitled to:

3.4.1. Charge the Customer penalties in the cases and amounts specified in this Agreement.

3.4.2. Refuse the Customer or Guest check-in or terminate the agreement (carry out eviction) in cases provided for by the Rules of Stay, as well as if the Customer or Guest repeatedly violates the internal rules of stay, which causes or may cause material damage or creates inconvenience for other guests.

4. Mutual Settlements of the Parties

4.1. The cost of hotel services includes: accommodation.

4.2. Prices for hotel services offered by the Service Provider are determined in the national currency of Ukraine — the hryvnia — and are payable within the timeframes specified in the agreement by bank transfer, cash, or payment card.

5. Liability of the Parties

5.1. In the event of a breach of obligations under this agreement, the Parties shall be liable in accordance with the current legislation of Ukraine. A breach of obligation means non-performance or improper performance, i.e. performance in violation of the conditions defined by the content of performance.

5.2. In the event of failure by the Service Provider to provide booked and duly paid hotel services through the Service Provider's fault, the Service Provider shall pay the Customer a penalty equal to the full cost of the booking.

5.3. The Customer bears full liability for any material damage caused to the Service Provider and/or third parties and undertakes to compensate it in full. In the event of loss or damage to property (including towels, bathrobes, crockery, furniture, various inventory, etc.) through the Customer's fault, the Customer shall, within 3 (three) calendar days of such loss and/or damage but no later than the check-out date, compensate the damage in an amount determined in accordance with the prices indicated on information boards, in the consumer corner, menus, price tags, price lists, and other informational documentation of the Service Provider and/or on the Service Provider's Website, and in the absence of such prices, at the market value of the lost or damaged property.

5.4. In the event of failure by the Service Provider to provide booked and duly paid hotel services through the Service Provider's fault, at the Customer's written request, the Service Provider shall accommodate the Customer or Guest in another hotel located in the same area that provides services of equivalent or higher quality.

5.5. The Customer, upon discovering defects in the service rendered or non-conformity of the service, is entitled to demand that the defects be remedied free of charge within a period agreed upon by the Parties.

5.6. The Service Provider must take measures to remedy defects in the service provided as promptly as possible from the moment the Customer submits the relevant request.

5.7. The Service Provider shall not be liable for defects in the services provided if it proves that they arose through the fault of the Customer and/or Guest or as a result of force majeure.

5.8. The Service Provider shall not be liable for money, valuables, securities, electronic devices, gadgets, etc. left in the room, lost on the hotel premises, or that disappear for any reason.

5.9. In the event of loss or damage to an item, the Customer must immediately notify the Service Provider (its representatives). If, before the end of the stay period, the Customer has not notified the Service Provider (its representatives) of the loss or damage to an item, it shall be deemed that the Customer's belongings were not lost or damaged in the course of performance of this Agreement.

5.10. In the event of significant material damage caused to the Service Provider through the fault or negligence of the Customer and/or their guests, resulting in the room being taken out of service due to the need for repairs, furniture replacement and/or replacement of other property, a corresponding act shall be drawn up. In such a case, in addition to compensating for damages, the Customer shall reimburse the Service Provider for costs associated with the room being out of service during repairs, furniture replacement and/or replacement of other property, etc.

6. Force Majeure

6.1. The Parties shall not be liable under this agreement if the impossibility of fulfilling their obligations arises from circumstances beyond the control of the Parties (force majeure), which must be demonstrated by the Party invoking such circumstances. Such circumstances include, in particular, military events, natural disasters, strikes, and other similar circumstances. Confirmation of the occurrence of force majeure circumstances is a document issued by the Chamber of Commerce and Industry.

7. Personal Data and Information

7.1. The Customer and/or Guest grant the Service Provider consent to carry out, without restriction, any actions regarding the processing of their personal data for the purposes of:

— the Service Provider conducting activities in accordance with the legislation of Ukraine;

— performance of the terms of this Agreement;

— realisation and protection of the Parties' rights under this Agreement;

— performance of other powers, functions, and obligations of the Service Provider that do not contradict the legislation of Ukraine and this Agreement.

7.2. The Service Provider is authorised to process personal data within the scope of information that has been/will be received by the Service Provider from the Customer and/or Guest personally, from their representatives, from third parties, or obtained from publicly available sources; to update/supplement the personal data of the Customer and/or Guest based on information from third parties; and to contact third parties to verify such data.

7.3. For the purpose of exercising the Parties' rights under this Agreement, the Customer and/or Guest grant the Service Provider consent to audio recording/recording of telephone conversations between the Customer and/or Guest and the Service Provider or its employees, photo/video recording on the Service Provider's premises on magnetic and/or electronic media, and consent to the Service Provider's use of the results of such recordings, including as evidence.

7.4. Without obtaining additional written consent or separate notification, the Customer and/or Guest grants the Service Provider consent to disseminate the personal data of the Customer and/or Guest, transfer them to third parties, including outside Ukraine, to foreign entities, or to provide access to them to third parties, in particular:

— to ensure that third parties perform their functions or provide services to the Service Provider, including auditors, insurance companies, intermediaries, appraisers, and other persons, if such functions and services relate to the Service Provider's activities;

— upon the occurrence of grounds for the transfer of trade secrets to third parties in accordance with the legislation of Ukraine or in accordance with the terms of this Agreement;

— to persons providing the Service Provider with services for organising postal mailings, telephone calls, SMS messages, and email communications regarding the performance of the Agreement, informational, promotional messages and offers regarding the Service Provider's services and/or its partners;

— to persons providing the Service Provider with services for storing client documents, creating and storing their electronic copies (archives, databases), as well as persons providing services/ensuring other activities of the Service Provider that do not contradict the legislation of Ukraine.

Taking into account the terms of this clause, the Customer and/or Guest confirms that they have been duly and fully informed of the composition and content of their personal data collected by the Service Provider, the purpose of collecting their personal data, the persons to whom their personal data are transferred, and their rights as defined by the Law of Ukraine "On Personal Data Protection".

7.5. Being aware of the scope and nature of the Service Provider's obligations regarding the storage of bank card data, the Customer and/or Guest also grants the Service Provider consent to store information about them that became known to the Service Provider in the course of performing the terms of the Agreement.

7.6. The Customer and/or Guest also grants the Service Provider consent to, at its own discretion and without restriction, make calls, send information on matters relating to the performance of the Agreement, other informational, promotional messages and offers regarding the Service Provider's services and its partners, by post, electronic means of communication, SMS messages, mobile or internet communications, etc., to postal addresses, email addresses, and telephone numbers provided by the Customer and/or Guest to the Service Provider (indicated in any documents) or that became known to the Service Provider by other means.

7.7. By granting the Service Provider consent on the above terms, the Customer and/or Guest acknowledges and agrees that the transfer of bank or commercial secrets, other restricted information and/or the processing of the Customer's and/or Guest's personal data may be carried out, in particular, using various means of communication, the internet, as well as by third parties, including outside Ukraine and/or by foreign entities related to personal data. The Customer and/or Guest understands that information sent (transferred) in such a manner may become accessible to third parties and releases the Service Provider from related liability.

8. Other Terms

8.1. Relations between the Parties not regulated by this agreement shall be governed by the current legislation of Ukraine.

8.2. This agreement may be amended, terminated, or supplemented by agreement of the Parties. The Parties reserve the right to terminate this agreement early in the manner provided for by the terms of this agreement.

8.3. The term of this agreement is determined by the Parties until the full performance of the obligations assumed, and with respect to settlements — until full settlement between the Parties.

8.4. The moment of conclusion of this agreement is the moment of payment of the invoice for hotel services issued by the Service Provider. Payment in full or in part for services under such invoice and its receipt by the Service Provider constitutes confirmation by the Customer of acceptance of the offer and the Customer's acceptance of all essential terms of this agreement, including but not limited to the terms regarding cancellation, modification, and refusal of booked services, penalty amounts, and the rules of stay at the Hotel.

8.5. Payment of funds under this invoice constitutes acceptance by the Customer of the Service Provider's offer to purchase and pay for services, as published on the hotel's official website and constituting the Service Provider's public offer agreement containing all essential terms of service provision (Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine).

Recipient's bank account (IBAN format):

"AGATE RESORT" LLC

Code: 46133416

UA333052990000026000015519028

at JSC CB "PRIVATBANK"