Excerpt from the Public Offer Contract for the provision of a range of services of the GALAXY Family Fun Park dd. 28 November 2016.
Read the PARK ATTENDANCE RULES. If you do not agree with or do not understand any of the provisions, please refrain from using the proposed Services and equipment in the Park until you clarify the information you are interested in by calling (044) 290 58 85, (044) 290 57 75 or read it at the Information Desk.
By accepting the Services offered by the GALAXY Family Fun Park, you fully and unconditionally agree to all terms and conditions of the following public offer, accept it in full and unconditionally (including your agreement to fulfil any obligations hereunder) and understand all provisions hereof.
The text of the Contract (or an excerpt from the Contract, Park Attendance Rules, hereinafter referred to as the “Park Attendance Rules”) is always placed on the information stand and at the Information Desk at the entrance to the Park, as well as on the official site of the Operator, and shall be always given to the User prior to the acceptance of the terms of the Contract.
- General Terms and Conditions of the Services
1.1. The right to attend the Park and the Service payment procedure.
1.1.1. The right to attend the Park shall be provided to the User after purchasing the Electronic Card at the ticket desk and paying for the Operator’s Services. This Electronic Card is issued on the day of the attendance of the Park and is a means of payment for any Services in the Park and can be used during subsequent visits. The Electronic Card shall be valid for an unlimited time.
1.1.2. Having received the Electronic Card at the ticket desks at the entrance to the Park, the User shall visually inspect it and make sure it is not damaged without leaving the ticket desk. The User’s complaints regarding the damage to the Electronic Card shall not be accepted or considered by the Operator after the User has left the ticket desk.
1.1.3. The User shall be fully liable for the integrity, damage and loss of the electronic card and shall present it at the request of the Operator’s staff. Should the Electronic Card be lost or damaged, the residual amount on it shall not be returned, the card shall not be restored, and the new Electronic Card shall be purchased.
1.1.4. Upon receipt of the Electronic Card, each User shall comply with the provisions of this Public Offer Contract and the Attendance Rules and maintain cleanliness and order throughout the Park. The User shall be fully financially and personally liable for any violations of the provisions of this Contract and the Attendance Rules in accordance with the provisions hereof and the applicable laws of Ukraine.
1.1.5. The User can top up the Electronic Card (i.e. pay for the Operator’s Services) at the ticket desks of the Park at any time during the attendance of the Park or on the official website of the Operator.
1.1.6. In case of unforeseen technical malfunctions of the equipment at the Park and the impossibility of its use, the cost of the Services shall not be decreased, and the amount paid for the Service that has not been received by the User due to such reasons shall not be refunded.
1.1.7. In case of violation of the provisions of the ATTENDANCE RULES and this Contract by the User and, consequently, the unilateral termination hereof by the Operator, the amount paid by the User for the Operator’s Services shall not be refunded.
1.2. Rules of Conduct in the Park
1.2.1. The Operator may take preventive measures, including but not limited to: to prohibit attendance of the Park for the Users who are in a state of alcoholic, drug or other intoxication, mentally unstable or do not respond to the admonitions of the Operator’s staff or fail to observe the provisions of this Contract and the Attendance Rules; to call the police and/or security guards with respect to such Users in order to enforce generally accepted behaviour of such Users or remove them from the Park by force.
1.2.2. The Users shall not bring food or beverages to the Park or consume food or beverages in places that are not specially designated for this purpose.
1.2.3. The Users shall not bring fire, gas, pneumatic or bladed weapons, sharp objects, as well as explosive, flammable or toxic substances with a strong and acrid odour to the Park.
1.2.4. The Users shall not bring along animals, birds, reptiles or any other living creatures to the Park.
1.2.5. The Users with open wounds, contagious, skin or other types of diseases or with evidence of poor hygiene, as well as with medical bandages and band-aids shall not attend the Park. The Users in violation of this clause hereof shall be fully liable for the damage caused to the health of other Users and the resulting damage.
1.2.6. The Users shall not enter technical and service facilities of the Park. The Users entering such facilities shall be fully liable for any malfunctions or accidents occurring in these areas.
1.2.7. Smoking and drinking of alcohol shall be prohibited throughout the Park, except for the specially designated places.
1.3. Rules of Conduct at the Park Attractions
1.3.1. Only those meeting the safety regulations for each individual attraction or equipment may use the attraction equipment and other Park facilities. Terms and conditions, prohibitions and restrictions for the Users are stipulated herein and on information stands at each individual attraction as the Instructions for the Use of the Attraction. The Operator shall not be liable for any injury to the User in case of violation of the general safety standards, recommendations of the Operator staff and individual Instructions for the use of each attraction.
1.3.2. In order to ensure personal safety of the Users and to prevent damage to the Park property, the Operator may prohibit the use of attractions and equipment for the Users wearing hazardous clothing (clothing that may be caught in parts of Park facilities and attraction equipment); the Users with long loose hair; the Users with accessories, jewellery, glasses and other items that may fall out of pockets when using the Park facilities and attraction equipment or be caught in the parts of the Park facilities and attraction equipment and create hazardous conditions, cause damage (destruction) of any attraction equipment, or may endanger the life or health of the Operator’s staff or Users in any way.
1.3.3. At the slightest sign of discomfort or injury, the User may contact the Park’s medical centre.
1.4. Park Attendance by Minors
1.4.1. In case of attendance of the Park by any group that includes minors, the group leader shall be responsible for complying with the provisions of this Contract, the Park Attendance Rules and the safety rules. If the group members are adults, each shall bear personal responsibility for compliance with the provisions of this Contract, the Park Attendance Rules and the safety rules. The leader of any organized group shall complete a special registration form at the entrance to the Park, the Acknowledgement (Appendix No. 2_).
1.4.2. In the Park, adults shall supervise and accompany children, explain to them general rules of safety and conduct, rules for using attractions in accordance with the Instructions for the Use of the Attraction, etc., as well as ensure the children’s compliance with such rules, as adults have full responsibility for children.
1.4.3. One adult may attend the Park with no more than three (3) children aged one (1) to five (5) or no more than five (5) children aged five (5) to ten (10) or no more than seven (7) children aged ten (10) to fourteen (14).
1.4.4. Children under the age of fourteen (14) may attend the Park only when accompanied by adults.
1.4.5. The responsibility for the safety of minors shall be borne by their parents or adults accompanying them. Adults shall not leave minors unaccompanied in the Park.
1.4.6. The adult accompanying a child shall be liable for any injuries to the child in case of non-observance of general safety rules, deliberate ignoring of the recommendations given by the Operator’s staff and instructions for the use of each individual attraction or facility. The Operator and its staff shall not be liable in this case.
- Rights and Obligations of the Operator
2.1. The Operator shall:
2.1.1. Should the User fail to make a final settlement for the Services rendered or for the losses incurred by the Operator, the Operator may demand from the User to issue a binding debt instrument confirming the specified debt and ensuring the fulfilment of the obligation made in writing in accordance with to the requirements of Articles 547 – 548 of the Civil Code of Ukraine.
- Rights and Obligations of the User
3.1. The User shall:
3.1.1. Prior to paying for the Services or the range of Service, read and understand the PARK ATTENDANCE RULES and the provisions of the Public Offer Contract and observe all provisions hereof throughout the period of use of the Services.
3.1.2. Prior to using a specific attraction of the Park, other specific Service, or other equipment, read and understand the relevant Instructions for using attractions near the entrance to each attraction or listen to the instruction.
3.1.3. In case of any questions regarding safety at the use of attractions or other equipment, ask them before using the attraction (equipment) to the Operator’s employee and receive comprehensive and meaningful answers, and only after that start using such attraction or equipment.
3.1.4. When using attractions or other equipment of the Park, comply with the legal requirements of the Operator’s staff and comply with the provisions of this Contract and the Park Attendance Rules.
3.2. The rights of the User:
3.2.1. At the slightest sign of discomfort or injury, the User may contact the Park’s medical centre.
- Liability for violation of the Contract
4.1. The Operator’s staff may act in accordance with the provisions hereof and the applicable laws of Ukraine in case of any administrative or criminal offence committed by the User.
4.2. In case of damage to the User’s health and/or personal belongings, he/she may contact the Operator’s staff to record the location, time and circumstances, register the event occurring in the Park in the Park’s events log and draw up an appropriate Statement. If the User does not contact the Operator’s employees, the Operator may refuse to satisfy any claims of the User.
4.3. The Operator shall not be liable for any damage received by the Users because of an accident, injury, etc. caused by negligence of the User(s) and/or third parties and/or non-performance or improper performance of the provisions of this Public Offer Contract, the Park Attendance Rules, any applicable Instructions for the Use of the Attraction, or recommendations of the Operator’s staff.
- Procedures for handling complaints and settlement of disputes
5.1. Any disputes and disagreements that arise or may arise out of or in connection with this Contract shall be resolved by negotiation based on a written claim submitted by the User with the addition of an evidence of payment of the Services or a range of Services provided by the Operator.
5.2. Upon receipt of a complaint from the User, the Operator shall consider it within thirty (30) calendar days and decide regarding eligibility of the User’s claim for satisfaction and inform the User in writing of the final decision.
GALAXY PARK LLC Aliona Ihorivna Humeniuk