PUBLIC OFFER AGREEMENT

1. General Provisions

This Public Offer Agreement governs the relationship between the provider of the booking service, operating under the commercial designation Apartments UA, and the website user who makes a booking of an accommodation property.

Apartments UA is an online platform and an officially authorized agent of PMS.Rent in Ukraine. The platform may use the technical infrastructure of PMS.Rent to display information about properties, synchronize bookings, manage properties and process online payments.

This Agreement constitutes a public offer within the meaning of the applicable legislation of Ukraine. Its terms apply equally to users who accept the offer and arrange a booking service.

The offer applies to services related to the search, arrangement and support of bookings of accommodation properties listed on the Apartments UA website.

2. Information About the Service Provider

Booking services are provided by a business entity operating under the commercial designation Apartments UA.

Full information about the Service Provider is provided in Section 23 of this Agreement. If another authorized person or payment provider is indicated in the payment form or payment document, such person may participate in payment processing within the scope of the relevant authority. This does not change the procedure for providing the service specified in this Agreement.

3. Terms and Definitions

Website — the Apartments UA online platform where users are provided with information about accommodation properties and the technical ability to submit a request or make a booking.

Service Provider — a business entity providing the user with an intermediary service for searching for and booking an accommodation property under the commercial designation Apartments UA.

User or Guest — a legally capable individual who uses the Website, submits a request or makes a booking, and accepts the terms of this Agreement.

Accommodation Property — an apartment, flat, house, room, other residential premises or temporary accommodation facility whose information is published on the Website.

Accommodation Service Provider — the owner of the property, landlord, management company, hotel, agent or other person who directly provides the accommodation property and is responsible for the Guest's actual accommodation.

Booking — a request submitted by the user for a selected accommodation property, specifying the dates, number of guests and other parameters, which is confirmed in accordance with this Agreement and the Booking Rules.

Booking Confirmation — an electronic message, voucher, notification in the personal account or other electronic document confirming acceptance of the booking.

Voucher — an electronic document containing information about a confirmed booking, which may be sent to the user by email or provided through the Website.

4. Subject Matter of the Agreement

The Service Provider provides the user with intermediary and organizational services related to the search for and booking of accommodation properties, while the user pays for such services and the corresponding amounts in accordance with this Agreement, the terms of the specific booking and the information published on the Website.

Depending on the selected property and the method of arranging the service, the service may include:

  • providing access to information about accommodation properties;
  • forwarding the request to the property owner, management company or other Accommodation Service Provider;
  • facilitating interaction between the user and the Accommodation Service Provider;
  • arranging and confirming the booking;
  • sending the user a confirmation or voucher;
  • providing information necessary for check-in and accommodation;
  • processing payments through an available payment system.

Unless expressly stated otherwise in the terms of a specific booking, Apartments UA is not the owner, landlord or management company of the accommodation property and does not provide the accommodation property in its own name.

The terms of actual accommodation, the condition of the property, check-in, check-out and compliance with house rules depend on the Accommodation Service Provider and are also governed by the specific documents referred to in Section 12 of this Agreement.

5. Publication of Property Information

Information about accommodation properties may be provided by property owners, management companies or other service providers.

The property description may include photographs, an address or district, price, availability, list of amenities, house rules, check-in and check-out times, payment and cancellation terms.

We strive to keep the information on the Website up to date; however, property information may change. Before making a booking, the user must check the selected dates, price, number of guests, house rules and other material terms.

The Accommodation Service Provider is responsible for:

  • having legal grounds to provide the property for accommodation;
  • the accuracy of the information about the property;
  • the property's compliance with its description and photographs;
  • the property's readiness for check-in;
  • compliance with the stated terms;
  • arranging check-in and check-out;
  • fulfilling its obligations to the user as a guest.

6. Submission of a Request and Booking

The user selects the property, accommodation dates, number of guests and other available parameters, and then submits a request using the method provided on the Website.

Submitting a request may constitute a booking request and does not always mean that the booking is automatically confirmed. A booking is considered accepted after confirmation by the Service Provider, the Accommodation Service Provider or the booking system, depending on the selected property and the applicable procedure.

If instant booking is available for a particular property, the request may be confirmed automatically after the user has fulfilled the applicable conditions, including payment.

If manual confirmation is required, the property may remain unconfirmed until a response is received from the Accommodation Service Provider or the Service Provider.

The user must verify the accuracy of the information entered before submitting the request, including:

  • the guest's first and last name;
  • telephone number and email address;
  • accommodation dates;
  • number of guests;
  • selected property;
  • price;
  • additional services;
  • payment and cancellation terms.

Errors in the information provided by the user may result in the inability to contact the user, check in or modify the booking.

7. Acceptance of the Offer and Conclusion of the Agreement

The user accepts this offer by taking actions that clearly demonstrate the intention to arrange a booking service, including completing and submitting an order, confirming the booking terms and, if required by the selected booking method, making a payment.

Acceptance means the user's full and unconditional acceptance of the terms of this Agreement with respect to the selected booking service.

The agreement for the intermediary booking service is considered concluded from the moment the offer is accepted in accordance with the procedure established on the Website. If confirmation of availability is required for the selected property, obligations relating to the specific booking arise after the user receives a booking confirmation or voucher.

The terms of the specific property, price, dates, payment procedure, cancellation rules and other parameters are recorded in the order form, booking confirmation, voucher or other electronic communication.

The user may review the text of this offer before placing an order. The Service Provider retains the information necessary to confirm the order, payment and acceptance of the terms within the limits established by applicable law and internal data retention rules.

8. Price and Payment

The booking price is displayed to the user before the order is confirmed or payment is made.

Depending on the terms of the specific property, the total amount may include:

  • accommodation cost;
  • booking service fee;
  • taxes and mandatory charges, if applicable;
  • fees for additional services;
  • a deposit or other security payment;
  • cleaning fees or other payments specified before the booking is made.

The user pays for the service using a payment method available on the Website. The payment may be processed through a payment provider or the technical infrastructure of PMS.Rent.

Unless otherwise stated when placing the order, Apartments UA does not have access to the full details of the user's payment card.

A payment is considered completed after confirmation is received from the payment system or an authorized payment provider.

If payment is not received within the specified period, the request may be cancelled and the selected property may become available to other users.

The user must use the payment method lawfully and confirms that they have the right to use it.

9. Booking Confirmation and Electronic Communications

After the booking is made and, if necessary, payment is completed, the user receives a booking confirmation at the specified email address, through the personal account or by another method provided by the Website.

The confirmation may contain:

  • booking number;
  • guest name;
  • accommodation property;
  • accommodation dates and times;
  • number of guests;
  • price and payment information;
  • cancellation terms;
  • check-in and check-out information;
  • contact details of the Accommodation Service Provider or instructions for contacting them.

The user must check the received confirmation and promptly report any identified error through an available communication channel.

Service messages regarding a request, payment, confirmation, modification or cancellation of a booking may be sent without separate consent to marketing communications, as they are necessary to fulfil the order and inform the user about it.

10. Cancellation, Modification and Refunds

The procedure for cancelling or modifying a booking and refunding money is determined by the terms of the specific property, the selected rate and the Cancellation Policy.

Before completing the booking, the user must review the applicable cancellation terms and any possible deductions.

Depending on the selected terms, cancellation may be:

  • free of charge up to a specified deadline;
  • partially refundable;
  • non-refundable;
  • possible only with the consent of the Accommodation Service Provider.

If the user provides incorrect information, fails to arrive within the specified period or violates the booking terms, the refund may be limited in accordance with the applicable rules.

If a confirmed booking is cancelled by the Accommodation Service Provider or the Service Provider is unable to fulfil it, further actions, replacement of the property and refund arrangements are determined by the circumstances of the specific case, the booking terms and applicable law.

11. Check-in, Check-out and Accommodation

The procedure for check-in and check-out, receiving keys, self-check-in, providing access and contacting the Accommodation Service Provider is determined by the Check-in and Check-out Information and the terms of the specific property.

The user must comply with the House Rules and any additional rules of the selected property.

The user may not:

  • use the property for illegal activities;
  • accommodate more guests than specified in the booking if prohibited by the property's terms;
  • transfer the right of accommodation or access to the property to third parties without permission;
  • violate quiet hours;
  • smoke in prohibited areas;
  • hold events or parties if prohibited;
  • damage property, equipment or common areas;
  • violate safety requirements;
  • keep animals if prohibited by the property's terms.

The user is responsible for damage caused by the user, invited persons or persons to whom the user has provided access to the property, within the limits established by law and the terms of the specific booking.

12. Related Documents

The following documents apply to specific matters relating to booking and accommodation:

Terms directly relating to the selected property, dates, rate, payment, cancellation, check-in and accommodation may be specified in the property listing, order form or booking confirmation.

If a specific document regulates a particular matter in greater detail, its provisions shall apply. If the terms conflict with each other, the terms of the specific booking shall prevail with respect to the selected property and rate, followed by the specific rules applicable to the relevant service, and then this Agreement.

13. User Obligations

The user undertakes to:

  • provide accurate information;
  • use the Website and booking service lawfully;
  • pay for the selected service on time;
  • check the booking confirmation;
  • comply with the house rules;
  • not use another person's payment details without authorization;
  • not provide booking information to third parties if this may result in unauthorized use of the booking;
  • report errors or suspected fraud;
  • not attempt to gain unauthorized access to the Website, booking system or other users' data.

14. Obligations of the Service Provider

The Service Provider undertakes to:

  • provide the user with access to the functions of the Website as provided;
  • transmit and process requests in accordance with the selected service;
  • send a booking confirmation when the necessary conditions have been fulfilled;
  • provide the user with information about the price and main terms before the order is placed;
  • process personal data in accordance with the Privacy Policy;
  • take reasonable measures to protect the information received;
  • review user inquiries in accordance with the procedure available on the Website.

The scope of the Service Provider's obligations depends on whether Apartments UA acts as an intermediary, technical operator or direct provider of a particular service. This is determined by the terms of the relevant booking.

15. Role of the Accommodation Service Provider

The Accommodation Service Provider is directly responsible for the property and the user's actual accommodation, unless expressly stated otherwise in the booking confirmation.

The Accommodation Service Provider is responsible for:

  • providing access to the property;
  • ensuring that the property corresponds to its description;
  • ensuring that equipment is in working order and that the stated amenities are available;
  • compliance with the accommodation terms;
  • resolving matters related to check-in and check-out;
  • compensating for damage or refunding money in cases where this falls within its responsibilities.

The user may enter into separate contractual relationships with the Accommodation Service Provider. Such relationships may be governed by additional terms, property rules and applicable law.

16. Personal Data and Cookies

The user's personal data is processed in accordance with the Privacy Policy.

The use of cookies and similar technologies is governed by the Cookie Policy.

To arrange and fulfil a booking, the user provides information necessary to contact the user, identify the order, process payment, forward the request to the Accommodation Service Provider and organize the accommodation.

17. Intellectual Property

Rights to the software, design, structure, logos, trademarks and proprietary materials of the Website belong to Apartments UA or the respective rights holders.

Rights to photographs, descriptions and other materials provided by property owners, management companies or partners belong to the respective rights holders.

The user may not copy, distribute, modify or use the Website materials or listings for commercial purposes without the permission of the rights holder, except where permitted by law.

18. Liability and Limitations

The Service Provider takes reasonable measures to ensure the operation of the Website; however, it does not guarantee its continuous availability, absence of technical errors or complete accuracy and currency of all materials.

The Service Provider is not responsible for the acts or omissions of the Accommodation Service Provider, including the property's failure to correspond to its description, inability to check in, violation of house rules or other circumstances for which the Accommodation Service Provider is responsible, unless otherwise provided by law or the terms of the specific booking.

The Service Provider is not responsible for delays or failures caused by payment providers, telecommunications operators, hosting providers, PMS.Rent or other persons where such circumstances are beyond the Service Provider's reasonable control.

The Service Provider does not exclude or limit liability in cases where such exclusion or limitation is prohibited by applicable law.

Nothing in this Agreement deprives the user of mandatory rights granted by law.

19. Restriction and Termination of Access

The Service Provider may temporarily restrict or terminate the user's access to the Website or individual functions if the user:

  • violates this Agreement or the Website rules;
  • provides inaccurate information;
  • uses the Website for fraud or unlawful activities;
  • creates a security threat to the Website or other users;
  • attempts to bypass technical restrictions;
  • violates the rights of third parties.

Restriction of access does not cancel obligations under an already confirmed booking unless otherwise provided by the booking terms or law.

20. Force Majeure

The parties shall not be liable for the complete or partial failure to perform their obligations if such failure is caused by circumstances that the parties could not reasonably foresee or prevent.

Such circumstances may include natural disasters, military actions, emergencies, major accidents, prolonged communication failures, actions of government authorities, cyberattacks and other circumstances beyond the reasonable control of the party.

The procedure for cancellation, postponement or refund in such circumstances is determined by the terms of the specific booking, the rules of the Accommodation Service Provider and applicable law.

21. Amendments to the Agreement

The Service Provider may amend this Agreement due to changes to the Website, the procedure for providing services, the infrastructure used or legal requirements.

The new version is published on the Public Offer Agreement page.

For bookings that have already been confirmed, the terms in effect at the time the booking was made shall apply unless otherwise required by law or agreed by the parties.

22. Applicable Law and Dispute Resolution

This Agreement is governed by the law determined with regard to the location of the parties, the nature of the service and the mandatory provisions applicable to the specific situation.

The parties shall seek to resolve disputes by contacting the available communication channel on the Website and providing the necessary information concerning the disputed matter.

This section does not restrict the user's right to bring a claim before a court or use other remedies available under mandatory provisions of applicable law.

23. Details and Information About the Service Provider

Booking services are provided by a business entity operating under the commercial designation Apartments UA.

Registration details: state registration record No. 2 069 017 0000 003787 dated 16 March 1999.

Email for inquiries: legal-public@apartments.com.ua.

Website: https://apartments.com.ua

Apartments UA is the commercial designation of the platform and booking service, while the party to this Agreement is the business entity specified above.

Apartments UA is an officially authorized agent of PMS.Rent in Ukraine and operates within the scope of the authority granted to it.

Full information about the Service Provider is available on the Legal Information page.

24. Final Provisions

If any provision of this Agreement is declared invalid or unenforceable, this shall not affect the validity of the remaining provisions.

This Agreement applies together with the Booking Rules, Check-in and Check-out Information, House Rules, Cancellation Policy, Privacy Policy and Cookie Policy.

The user may obtain an electronic copy of this Agreement, the booking terms and the order confirmation through the Website or by email if such option is provided by the system.