PUBLIC OFFER AGREEMENT
on the provision of services for issuance/returning of electronic travel/transportation
documents in passenger transportation and additional services via of JSC "Ukrainian railways"
mobile application

Joint Stock Company "Ukrainian railways" (abbreviated name – JSC "Ukrainian railways", hereinafter – the Contractor, or the Carrier), acting on the basis of the Charter, offers to enter into this Public Offer Agreement on the provision of services for issuing/returning travel/transportation documents in passenger transportation and related services via of JSC "Ukrainian railways" mobile application (hereinafter referred to as the Agreement).

The public offer agreement is public and, in accordance with Art. 633, 641 of the Civil Code of Ukraine, its terms and conditions are the same for all consumers, the voluntary and unconditional acceptance of the terms of which is considered an acceptance of this Agreement between the Customer (User, Passenger) and the Contractor and certifies the fact of its conclusion (hereinafter referred to collectively as the Parties, and each individually as a Party).

By concluding this Agreement, the Customer (User, Passenger) confirms that he is aware that passenger transportation on the territory of Ukraine is carried out during the period of martial law, and the Carrier is not responsible for any possible damage that may be caused to the life, health, or property of the Customer (User, Passenger) during transportation by rail (boarding, disembarking, and en route) as a result of military actions caused by the armed aggression of the Russian Federation against Ukraine.

  1. Definition of terms and general provisions
    1. In the text of this Agreement, the terms are used in the following meaning:

      The automated system of JSC "Ukrainian railways" (hereinafter referred to as AS) is a set of technical means and software, including specialized software, designed to automate the technological processes of JSC "Ukrainian railways" for the issuance of electronic travel/transportation documents and the provision of additional services to railway passengers.

      Close relatives and family members - husband, wife, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister, grandfather, grandmother, great-grandfather, great-grandmother, grandson, granddaughter, great-grandson, great-granddaughter, adoptive parent or adoptee, guardian or custodian, person under guardianship or custody.

      A children's wagon is a specially equipped passenger wagon in a train, intended for the carriage of passengers with children under 15 (fifteen) years of age. No more than 3 (three) accompanying persons are entitled to travel in a children's wagon with one child.

      Additional services - services related to transport provided to passengers during travel registration, baggage or cargo baggage collection, stay on the train or at the station during the return of unused travel and transportation documents, in particular, the possibility provided by the Contractor to issue/return an electronic travel document (ETD)/ electronic transportation document (ETpD), monitoring the availability of ETDs with the possibility of automatic buyback of ETDs, other consultation and information services provided via the mobile application.

      Electronic travel document (ETD) is an electronic document generated pursuant to the Law of Ukraine "On Electronic Documents and Electronic Document Workflow" using an AS, which certifies the passenger's right to travel by rail, is an agreement for carrying and gives the passenger the right to board a train without contacting a ticket office. The visual form of the electronic document generated as a result of successful issuance and payment of the ETD via a mobile application contains complete information about the trip (passenger's full name, departure/destination station, departure/arrival date, train number, rail car, seat, etc.) and a unique number.

      An electronic preferential travel document is an electronic document generated pursuant to the Law of Ukraine "On Electronic Documents and Electronic Document Workflow" using an AS and which is a travel document issued for a person who is entitled to benefits in paying the fare on the basis of the legislation with an appropriate discount on the fare or free of charge (for free).

      Electronic transportation document (ETpD) is an electronic document of the established form, generated pursuant to the Law of Ukraine "On Electronic Documents and Electronic Document Workflow" using an AS, being a confirmation of the conclusion of a contract for luggage transportation. The visual form of the electronic document, generated as a result of the successful ETTD issuance and payment via the mobile application, contains complete information about the transportation of luggage, a unique number, and gives the right to transport baggage without contacting the railway ticket office.

      Electronic document for return – an electronic document of a standard form, generated pursuant to the Law of Ukraine "On Electronic Documents and Electronic Document Management" using an AS, which confirms the completion of a transaction to return funds for unused ETD/ETpD.

      Contractor's Fee – funds paid for the service related to the processing and return of the ETD/ETpD via the mobile application.

      Mobile application – software through which Customers (Users, Passengers) have the opportunity to book, purchase and return ETD/ ETpD, order related services, obtain reference information, ensuring the functioning on mobile devices of Android and iOS operating systems using official distribution channels (repositories). The mobile application is an integral part of the AS.

      The Customer (User, Passenger) is an individual who has agreed to the terms of this Agreement in order to receive services for the purchase/return of the ETD/ ETpD in accordance with the terms of this Agreement and uses AS intended for receiving such services via electronic customer service channels.

      Services – the ability provided by the Contractor to issue/return EPD/EPD, issue additional services and other consulting and information services using the mobile application.

      The Parties – the collective name of the Customer (User, Passenger) and the Contractor.

      Travel document at a preferential price is a document generated as a result of successful issuance and payment of the ETD/ ETpD via a mobile application, which contains complete information about the upcoming trip (passenger's full name, departure/destination station, departure/arrival date, train number, rail car, seat, etc.), information on the preferential discount, the series and number of the student ticket or the series and number of the disability certificate the benefits were issued according to, the benefit code and a unique number.

      Account data – data of Customer (User), which are used to identify him/her by the Contractor and provide authorized access to the mobile application, including through remote identification of the Customer (User) using the Diia mobile application using, with his/her consent, a remote qualified electronic signature "Diia.Signature" ("Diia ID").

      Personal data – information or a set of information about the Customer (User, Passenger) by which he can be identified to the extent necessary to fulfill the terms of this Agreement, in particular, but not exclusively: surname, first name, patronymic, mobile phone number, e-mail address.

      The consent of the subject of personal data – a voluntary expression of the will of an individual (Customer, User, Passenger), giving permission for the processing of his/her personal data in accordance with the purpose of processing.

      Processing of personal data – any action or set of actions, such as collection, registration, accumulation, storage, usage and transfer (on legal grounds), depersonalization, destruction of personal data, including using information (automated) systems.

      The rules of service provision – the terms of provision of services for issuing/returning travel/transportation documents in passenger transportation and related services through the mobile application, which are chosen by the Customer (User, Passenger) within the framework of this Agreement, are an integral part of this Agreement and together with this Agreement, the Rules for transportation of passengers, baggage, cargo and mail by railway transport of Ukraine dated 27.12.2006 No. 1196, registered with the Ministry of Justice of Ukraine on 04.04.2007 under No. 310/13577 (https://zakon.rada.gov.ua/laws/show/z0310-07#Text) and other provisions of the current legislation of Ukraine are the source of settlement of all relations between the Customer (User, Passenger) and the Contractor arising in the process of providing Services. All advertising, presentation and other materials created and existing for the purpose of informing about the Contractor's Services are for informational and reference purposes only and are not a source of regulation of all terms of Services.

      Suspicious activity of the Customer (User, Passenger) – actions of the Customer (User, Passenger) in the mobile application consisting in an attempt to hack or unauthorized access to another account(s) of users of the mobile application, unauthorized penetration through the mobile application into any programs, databases and other component software elements of the Contractor, taking any other actions that entail disruption of the operation of the mobile application, taking or attempting to take actions that violate public order, encroach on the honor and dignity of citizens, organizations or cause their complaints or for which administrative or criminal liability is provided, actions consisting in issuing five or more ETDs/ ETpDs through one account in different names of third parties (passengers who are not close relatives or members of the family of the account holder), as confirmed by, but not limited to, screenshots, extracts or references from the mobile application software database.

      Registration is the process of creating a Customer (User) account in the mobile application by specifying the Customer's (User) personal data (mobile phone number, full name, email address) used for identification and authorization in the AS.

      Student travel document – a document generated as a result of successful registration and payment of the ETDs/ ETpDs via a mobile application, which contains complete information about the upcoming trip and checked baggage (passenger's last name and first name, departure/destination station, departure/arrival date, train number, car, seat, etc.), information about the preferential discount, the series and number of the student ticket according to which the benefits were issued, the benefit code and a unique number. The last name and first name displayed on the generated student travel document fully correspond to those under which the student ticket of the specified series and number is registered in the Unified State Electronic Database on Education of the Ministry of Education and Science of Ukraine.

      Electronic identification is a free process of using the Customer's (User's) identification data in electronic form, which uniquely identifies (recognizes) him/her in the AC using the identification mechanisms specified in the Agreement.

      Other terms are used in the meaning defined in the Law of Ukraine "On Railway Transport", "On Banks and Banking Activities", the Procedure for Serving Citizens by Railway Transport, approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1997 No. 252, the Rules for the Transportation of Passengers, Luggage, Cargo and Mail by Railway Transport of Ukraine, approved by the Order of the Ministry of Transport and Communications of Ukraine dated December 27, 2006 No. 1196, registered with the Ministry of Justice of Ukraine on April 4, 2007 under No. 310/13577, Regulations on the BankID System of the National Bank of Ukraine, approved by the Resolution of the Management Board of the National Bank of Ukraine dated March 17, 2020 No. 32.

    2. This Agreement is concluded between the Customer (User, Passenger) and the Contractor in the form of an accession agreement in accordance with Article 634 of the Civil Code of Ukraine and is valid until the Parties fulfill their obligations.
    3. The publication (posting) of the text of this Agreement on the Contractor's website is an official offer (Public Offer) of the Contractor, addressed to an unspecified number of people pursuant to the Article 641 of the Civil Code of Ukraine, to enter into an agreement with him on the provision of services under the terms of the accession agreement.
    4. In case of acceptance of the terms of this Offer, the Customer (User, Passenger) agrees to all the terms of this Agreement and confirms that he/she understands all its provisions.
    5. This Offer is an open and publicly available document. The current version of the Agreement is posted at: https://app.uz.gov.ua/docs/offer and is available for viewing until the Customer (User, Passenger) accepts the terms of the Agreement.
    6. The Contractor has the right to Change or amend this Agreement at any time without prior or subsequent notice, which shall be made public and brought to public knowledge by publishing on the Contractor's official website. The Customer (User, Passenger) is responsible for familiarization with the current version of the Agreement. Continuation of the use of the mobile application by the Customer (User, Passenger) after changes and/or amendments to the Agreement means the Customer's (User, Passenger) acceptance and agreement with such changes and/or amendments.
    7. Continuation of the use of the mobile application by the Customer (User, Passenger) after the changes and/or amendments to the text of the Offer have taken effect means the Customer's (User, Passenger) acceptance of the updated Agreement. If the Customer disagrees (User, Passenger) with the changes and/or amendments made by the Contractor to the text of the Offer or disagrees with the new tariffs for the service, the Customer (User, Passenger) must stop using the mobile application.
    8. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers required and sufficient for the conclusion and execution of the Agreement in accordance with its terms. The Customer (User, Passenger also confirms that there are no circumstances under which such an agreement could be considered null and void.
    9. The place of conclusion of the Agreement is Kyiv, Ukraine.
    10. The processing of the Customer's (User, Passenger) personal data is carried out by the Contractor to the extent necessary to fulfill the terms of this Agreement, in accordance with the requirements of the Law of Ukraine "On Personal Data Protection" and the Privacy Policy of JSC "Ukrainian railways" (https://www.uz.gov.ua/passengers/personal_data/).
  2. Procedure for concluding the Agreement
    1. The conclusion of this Agreement shall be carried out through the Customer's (User, Passenger) joining the Public Offer accepting unconditionally and in full the terms of the Agreement as a whole, without any conditions, exclusions and comments.
    2. The Customer (User, Passenger) shall confirm that before concluding the Agreement, he was fully and properly familiarized with all its provisions and accepted them of his own will without any coercion, as well as the Privacy Policy of JSC "Ukrainian railways" and the Notice on the processing of personal data of Users, Passengers (https://www.uz.gov.ua/passengers/personal_data/). Confirmation of familiarization with the terms of the Agreement, the Privacy Policy of JSC "Ukrainian railways" is to be confirmed by clicking the "Confirm" button above the words "I confirm that I have read and agree to these terms of the Privacy Policy and the Offer Agreement", appearing during the registration and identification in the mobile application.
    3. The Customer (User) consents to the processing of his personal data by Contractor for the purpose of electronic remote identification in cases determined by the Contractor in accordance with clause 2.35 of the Transportation Rules.
    4. Customer (User, Passenger) accepts this Agreement (that is, gives his direct and irrevocable consent to comply with all the terms) by installing (downloading) the mobile application on the Customer's smart device.
    5. The conclusion (acceptance) of this Agreement is the installation (download) of the mobile application on the Customer's smart device. Customer's in the mobile application is sufficient for receiving services.
    6. The Agreement, subject to be in line with procedure for its acceptance, shall be considered concluded in a simple written form, shall enter into force upon its acceptance and shall be valid for the entire period of receiving services, or until the moment of its termination on the grounds stipulated by the terms of this Agreement and/or the applicable laws of Ukraine. Termination of the Agreement shall not relieve the Parties from the performance of the assumed obligations.
    7. The conclusion of this Agreement shall mean that the Customer (User, Passenger): has got acquainted with the rules for service providing to the necessary extent; recognizes the professional suitability of the Contractor and the rules for performing all actions described in the Agreement and accepts all the terms of the specified Agreement without comments.
    8. The mobile application functions on an "as is" basis, i.e. as the Customer (User, Passenger) currently sees it and is available to the Customer (User, Passenger).
    9. The Contractor processes the personal data of the Customer (User, Passenger), which are stored in the AS, in compliance with the requirements of the legislation in the field of personal data protection.
    10. The Contractor shall not be liable for any unauthorized access or use of the mobile application and/or any user data about Customer (User, Passenger), stored on the Server, as well as for any errors, failures, viruses and other defects and violations in the mobile application, that can be passed through the mobile application to third parties and consequences for the Customer (User, Passenger), including, but not limited to: for damages, lost profit, moral damage, damage to honor, dignity and business reputation.
    11. The Mobile Application Software may automatically download and install updates designed to improve, enhance and further develop the Mobile Application and may take the form of bug fixes, enhanced features, new software modules or completely new versions. By accepting this Offer, the Customer (User, Passenger) shall agree to receive such updates as part of receiving the Services.
  3. Subject matter of the Agreement
    1. Under this Agreement, the Customer (User, Passenger) shall entrust, and the Contractor shall undertake to provide services for the registration/return of ETD/ETpD, registration of related passenger transportation services through the mobile application., and also regulates some issues regarding the relations between the Parties within the framework of the execution of the transportation agreement on the basis of EPD/ ETpD issued via the mobile application.
    2. This Agreement shall not apply to:

      The sale of ETD/ETpD by other legal entities or individuals, which, on the basis of clause 12 of the Procedure for Serving Citizens by Rail Transport, approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1997 No. 252, is carried out only on the basis of separate agreements concluded in accordance with the established procedure with the Customer (User, Passenger).

      This Agreement also shall not apply to the sale of ETD for the transportation of groups of passengers, which, on the basis of clause 13 of the Procedure for Serving Citizens by Rail Transport, approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1997 No. 252, shall be carried out upon preliminary orders of enterprises, organizations and institutions that organize groups for transportation.

    3. The service shall be considered to have been provided by the Contractor and received by the Customer (User, Passenger) in full upon sending by AS of JSC "Ukrainian railways" through a mobile application of a visual form of the ETD/ ETpD in *pdf format, boarding document or electronic document for return.
    4. By agreeing to the terms of the Agreement, the Customer (User, Passenger) confirms that he has carefully read all clauses of this Agreement and information regarding:

      The procedure for providing services for issuing/returning ETD/ETpD in passenger transportation and related services through a mobile application;

      Procedure for providing services to citizens by rail transport, approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1997 No. 252 (https://zakon.rada.gov.ua/laws/show/252-97-%D0%BF#Text);

      Rules for the transportation of passengers, luggage, cargo and mail by rail transport of Ukraine, approved by the order of the Ministry of Transport and Communications of Ukraine dated 27.12.2006 No. 1196, registered in the Ministry of Justice of Ukraine on 04.04.2007 under No. 310/13577 (https://zakon.rada.gov.ua/laws/show/z0310-07#Text) (hereinafter referred to as the Rules for Carriage), in particular, clause 1.7 (according to which a women's compartment is a compartment in which travel documents are sold only for women), clause "a" clause 2.47 (according to which the carrier has the right to refuse to issue travel documents if the customer of the travel document does not agree with the terms of these Rules);

      Rules of Citizens' Conduct on Railway Transport, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 10.11.1995 No. 903 (https://zakon.rada.gov.ua/laws/show/903-95-%D0%BF#Text);

      Privacy Policy of JSC "Ukrainian railways" and Notice on the processing of personal data of Users and Passengers (https://www.uz.gov.ua/passengers/personal_data/).

    5. By making an Acceptance of the terms of the Agreement, the Customer (User, Passenger) shall confirm his/her legal capacity and dispositive capacity, in particular, attaining the age of 18 years, legal use of a bank payment card, and shall be also aware of the responsibility for the obligations imposed on him while concluding this Agreement.
    6. The Customer (User, Passenger) is aware and agrees that in the event of issuing an ETD/ ETpD using a mobile application in a Children's wagon in violation of the Carrier's requirements for the type of such wagon*, with the consent of the Customer (User, Passenger) he will be provided with a seat in another wagon of the category specified in the travel document. If it is impossible to provide a seat to the Customer (User, Passenger) in the same train, he will, with his consent, be provided with a corresponding seat in another train with reissuance of travel documents free of charge, and in the event of the Customer (User, Passenger) refusing the proposed seat change on the basis of a general form act drawn up by the train conductor (senior steward), he will be refunded the cost of travel and services.

      (*violations include, but are not limited to: boarding a train without a child under 15 (fifteen) years of age; documents presented by the Customer (User, Passenger) before boarding the Children's Car do not allow confirming the right of the Customer (User, Passenger) to accompany the child).

  4. Cost of services and settlement procedure
    1. Contractor's fee for issuing / returning the ETD/ ETpD shall be set by the Contractor and shall consist of:

      issuing/returning a travel / transportation document (except hand luggage service) in domestic and in international traffic with countries participating in the Inter-State Passenger Tariff Agreement (except for Kyiv-Boryspil-Airport trains) – UAH 30.00 with VAT;

      issuing/returning a travel document, including reserved seats in international traffic with countries participating in the "East-West" tariff – UAH 55.00 with VAT.

    2. The Customer (User, Passenger) shall pay the cost of ETD/ETpD and the Contractor's Fee by paying 100% of their cost using the means of payment being provided in the mobile application, and in accordance with the rules of payment systems.
    3. The cost of ETD/ETpD and the Contractor's Fee shall be considered paid if the payment system provides information on funds from the Customer's (User's, Passenger's) account having been written off in favor of the Contractor.
    4. The Contractor's Fee for the Services provided is non-refundable, except for cases that were caused due to the Contractor's or Carriers' fault.
    5. Money for unused ETD/ETpD, having been issued through the mobile application, shall be reimbursed under the rules of payment systems and the Rules of Transportation (https://zakon.rada.gov.ua/laws/show/z0310-07#Text).
    6. ETD/ETpD in international traffic shall not be reissued / transformed, exchanged at the cash desk.
    7. Boarding document in international traffic, bought in the mobile application shall not be returned after departure of the train.
  5. Rights and obligations of the Parties
    1. The Contractor shall be entitled:

      to refuse the provision of Services due to the Customer's (User's, Passenger's) improper performance of his/her obligations pursuant to the terms of this Agreement or if the Customer (User, Passenger) does not agree with the terms of the Rules of Transportation (https://zakon.rada.gov.ua/laws/show/z0310-07#Text) or the Privacy Policy of JSC "Ukrainian railways" (https://www.uz.gov.ua/passengers/personal_data/);

      to make changes and/or additions to this Agreement at any time without prior or subsequent notification, which are made publicly available and published on the Contractor's official website. The Customer (User, Passenger) shall be responsible for familiarizing himself/herself with the current version of the Agreement. The Customer (User, Passenger) accepts and agrees to the amendments or additions to the Agreement in case the Customer (User, Passenger) continues using the mobile application after such amendments or additions to the Agreement have been introduced;

      to block the Customer's (User's, Passenger's) account in case of violation of the requirements of clause 3.2 of this Agreement.or or suspicious activity of the Customer (User, Passenger) and also cancel the issued ETD/ETpD from such account no less than 24 hours before the train departure with a full refund of the funds paid for the ETD/ETpD purchased, as well as the Contractor's Fee. In such cases, the Customer's (User, Passenger's) account may be unblocked after providing the Contractor with supporting documents that the passengers for whom the ETD/ETpD was issued are close relatives or family members of the account holder. By providing supporting documents, the Customer (User, Passenger) guarantees and is responsible for obtaining consent from close relatives and family members to the processing of their personal data.

    2. The Contractor shall undertake:

      to provide the Services stipulated by the terms of this Agreement;

      to ensure the possibility of ordering and paying for Services by means of payment provided by the mobile application;

      to provide consultations on the use of mobile application and registration of Services;

      to provide the Customer (User, Passenger) with the possibility of receiving Services of appropriate quality;

      to inform the Customer (User, Passenger) about the Contractor's (or its partners under loyalty programs) offers of goods or services or other information depending on the availability of benefits, types of issued travel documents, subject to obtaining his / her consent to receive such information / messages and process personal data for this purpose in the minimum necessary volumes;

      to inform the Customer (User, Passenger), who is the owner of an account in the mobile application and has violated the requirements of this Agreement (in particular, clause 3.2 or suspicious activity), no less than 24 hours before the train departure, about the cancellation of the issued ETD/ETpD from his account and refund in full the funds paid by him when purchasing such ETD/ETpD, as well as the Contractor's Fee;

      to comply with the requirements of the Law of Ukraine "On the Personal Data Protection" when processing the personal data of the Customer (User, Passenger) of the mobile application.

    3. Customer (User, Passenger) shall be entitled:

      to require the Contractor to provide Services pursuant to the terms of this Agreement;

      to board the train according to the ETD/ETpD without going to the railway ticket office;

      to receive information newsletters from the Contractor regarding offers of goods or services of the Contractor (or its partners under loyalty programs) or other information depending on the availability of benefits, types of issued travel documents, as well as to refuse at any time to receive such newsletters by disabling the relevant settings in the mobile application.

      If the Customer (User) is unable to identify, in cases specified by the Contractor, using "Diia.Signature" ("Diia ID") and/or in the absence of "Diia.Signature" ("Diia ID"), electronic remote identification and verification of the Customer (User) may be carried out using the BankID System of the National Bank of Ukraine (hereinafter referred to as the BankID NBU system), which ensures electronic remote identification and verification of individuals by transferring the Customer's (User's) user data, in particular the registration number of the taxpayer's account card, by the subscriber-identifier to the subscriber - service provider JSC "Ukrainian railways", access to which is provided upon the Customer's (User's) application to the Contractor's contact center.

    4. The Customer (User, Passenger) shall undertake:

      to comply with the terms of this Agreement, in particular the requirements of clause 3.2 and not take any actions that fall under the definition of "suspicious activity";

      to comply with the current Rules of Transportation (https://zakon.rada.gov.ua/laws/show/z0310-07#Text), in particular, clause 1.7 (according to which a women-only compartment is a compartment the travel documents to which shall be sold only for women);

      to issue the ETD/ETpD taking into account the real time of train departure and time for safe and timely boarding of the train;

      not to specify when completing documents through the mobile application the e-mail addresses of the domain names of postal operators, namely: mail.ru, mail.ua, list.ru, bk.ru, inbox.ru, yandex.com, yandex.ru yandex.ua, yandex.kz, yandex.by, ya.com, ya.ru, ya.ua, ya.kz, ya.by, the use of which is prohibited by the current legislation of Ukraine;

      to prevent access to the mobile application by third parties, not to transfer the Customer's (User's, Passenger's) credentials to third parties;

      to comply with the requirements of the current legislation of Ukraine, including those regarding the protection of intellectual property rights to the Contractor's mobile application;

      in the event that the Customer (User) issues the ETD/ETpD via the mobile application not for himself/herself, but for another Passenger, he/she shall be obliged to inform such Passenger about the processing of his/her personal data pursuant to the Privacy Policy of JSC "Ukrainian railways" (https://www.uz.gov.ua/passengers/personal_data/).

  6. Responsibility of the Parties and dispute settlement
    1. The Parties shall be responsible for non-fulfillment or improper fulfillment of obligations under this Agreement pursuant to the current legislation of Ukraine, taking into account the specifics established by this Agreement.
    2. Responsibility for the loss, transfer or disclosure of information from the boarding document, transportation document and service document shall be borne by the Customer (User, Passenger).
    3. The Contractor shall not be responsible for non-receipt of services by the Customer (User, Passenger) under the following conditions:

      the Customer's (Use's, Passenger's) refusal to travel without returning the ETD/ETpD

      unreliability of the data specified by the Customer (User, Passenger) when ordering services through the mobile application (last name and first name of the passenger, travel date, etc.);

      cancellation no less than 24 hours before the departure of ETD/ETpD train with a full refund of the funds paid during their purchase, issued through the Customer's (User, Passenger) account of the mobile application, which was blocked after he/she violated the requirements of this Agreement, in particular clause 3.2 or suspicious activity of the Customer (User, Passenger);

      other conditions not connected to issuing/returning ETD/ETpD and related services through the mobile application

    4. The Party shall not be responsible for the violation of the terms of this Agreement, if it is not caused by their fault (intention or negligence).
      The Party shall be considered innocent and shall not be liable for breach of the Agreement, if they prove that they have taken all measures dependent on them for the proper implementation of this Agreement.
    5. The Parties shall be released from responsibility for non-fulfillment or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances that did not exist at the time of concluding the Agreement and arose beyond the will of the Parties, in particular, extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated by the terms of this Agreement, obligations under legislative and other regulatory acts, namely: threat of war, armed conflict or serious threat of such a conflict, including, but not limited to enemy attacks, blockades, anti-terrorist operations, military embargo, actions of a foreign enemy, general military mobilization, hostilities, martial law, declared and undeclared war, actions of a public enemy, acts of terrorism, sabotage, piracy, invasion, revolution, rebellion, uprising, mass unrest, quarantine established by state authorities or local self-government bodies, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, strike, accident, unlawful actions of third parties, fire, explosion, long interruptions in transport operations, regulated by the terms of relevant decisions and acts of state authorities, closure of narrow seas, embargo, ban (restriction) of export / import, etc., as well as those caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, accumulation of snow, other natural disasters and other cases provided for by the legislation of Ukraine.
    6. The Contractor shall not be responsible for:

      the content of the Customer's (User's, Passenger's) data, as well as for the content of any information entered by the Customer (User, Passenger) into the account data in the mobile application during the registration of the ETD/ETpD;

      temporary inoperability of mobile application due to such reasons as: planned or unplanned technical or preventive works, technical failures of Internet providers, computer networks, servers and devices, as well as illegal actions of third parties or force majeure circumstances. At the same time, the Contractor undertakes to make maximum efforts to restore working capacity in the shortest possible time;

      the loss of information connected with the access to the mobile application, which occurred due to the Customer's (User's, Passenger's) fault, as well as for any consequences that may arise as a result of this;

      any consequences of a security breach, in particular violation or corruption of data, which occurred as a result of third-party access to the mobile application.

    7. Under no circumstances shall the Contractor be responsible for the violation of intellectual rights of third parties by the Customer (User, Passenger). The Customers (Users, Passengers) shall be prohibited from creating, uploading, posting, copying information, materials or images involving violation of the intellectual rights of third parties
    8. The Contractor shall have the exclusive rights to the objects of intellectual property rights related to the mobile application, involving trademarks (signs for goods and services), objects of copyright, etc., including but not limited to programs and services with the help of which the mobile application is implemented. Any use of the Contractor's programs and services shall not result in the transfer to the Customer (User, Passenger) of intellectual property rights to them.
    9. All disputed issues related to the receipt of Services by the Customer (User, Passenger) shall be resolved by the Parties using the Customer's (User's, Passenger's) personal data, which were specified by them during the registration of and payment for ETD/ETTD and related services through the mobile application. If the personal data are specified in such a way that it is impossible to establish the recipient of the Services (the Customer, User, Passenger), the Contractor shall have the right to refuse the Customer (User, Passenger) to investigate disputed issues.
    10. When registering through the mobile application, the Customer (User, Passenger) shall be responsible for maintaining the confidentiality of their own account data. All actions that involve using the Customer's (User's, Passenger's) account data shall be considered performed by the Customer (User, Passenger) personally.
    11. The Contractor shall not be responsible for non-receipt by the Customer (User, Passenger) of order form, boarding document, transportation document, document for refund, which occurred due to the problems in the operation of the Customer's (User's, Passenger's) technical means and communication channels. In this case, the Customer (User, Passenger) shall contact the Contractor's support service within 1 hour from the moment of payment by sending an information request through the appropriate form in the mobile application.
    12. The Contractor shall maintain the confidentiality of data and information received from the Customer (User, Passenger) upon conclusion of this Agreement or during its execution, and may distribute it exclusively in the manner and in cases expressly provided for by the current legislation of Ukraine.
    13. All disputed issues that may arise in relation to this Agreement or in connection with its implementation shall be resolved by the Parties through negotiations and upon presence of the Customer's (User's, Passenger's) written statement sent by means of postal services or electronic communication to the Contractor's official address specified in this Agreement. The pre-trial dispute settlement procedure is mandatory.
    14. If the Parties cannot reach an agreement on disputed issues through negotiations and there is no possibility of pre-trial settlement, these issues shall be resolved in court at the location of the Contractor in accordance with the current legislation of Ukraine.
    15. On all matters not regulated by this Agreement, the Parties shall be governed by the current legislation of Ukraine.
  7. Maintenance works
    1. The mobile application shall provide 24-hour (24/365) access to services via the Internet with the necessary level of access security and maintenance breaks. Technical support shall be available daily from 9:00 a.m. until 5:00 p.m. excluding weekends and the period of conducting maintenance works.
    2. In cases of technical and preventive works, the uninterrupted operation of the services shall not be guaranteed and the Contractor shall be released from the responsibility provided for in this Agreement, as well as the current legislation of Ukraine.
    3. For issues related to the operation of the mobile application, the Customer (User, Passenger) can contact the Support Service by sending a message to the e-mail address: [email protected], by calling the Support Service: 0 (800) 503-111 or using the feedback function in the mobile application
  8. Final provisions
    1. The Contractor shall reserve the right to unilaterally amend this Agreement at any time.
    2. All amendments to this Agreement shall be published on the Contractor's official resources.
    3. All amendments to this Agreement shall come into force from the moment of their publication on the Contractor's official resources.
    4. Amendments that have entered into force shall apply to all Customers (Users, Passengers).
    5. Customers shall be considered notified of the amendments introduced to the Agreement from the moment these amendments are published on the Contractor's official resources.
    6. This Agreement shall be governed by the current law of Ukraine.
    7. Invalidation of any provision or clause of this Agreement shall not affect the validity of the remaining provisions and conditions of this Agreement.
  9. Contact information of the Contractor and round-the-clock support service

    Address: 5 Jerzy Giedroyc Str., Kyiv, 03150

    Phone number: 0 (800) 503-111

    E-mail: [email protected]