Offer contract

Table of Contents

1. Definitions
2. General Provisions
3. Subject of the Agreement
4. Offer Acceptance
5. Service Cost and Payment Procedure for Ticket Purchase
6. Ticket Refund and Rescheduling
7. Rights and Obligations of the Parties
8. Personal Data Processing
9. Dispute Resolution
10. Liability of the Parties
11. Final Provisions     

Offer Agreement

This Agreement constitutes a public offer in accordance with Articles 633, 641, and 642, Chapter 53 of the Civil Code of Ukraine and is equivalent to an “oral agreement.” It has full legal force in accordance with the applicable legislation of Ukraine.
An individual entrepreneur, Zh. A. Sachyk (hereinafter referred to as ekasa), TIN 2702409763, registered in accordance with the current legislation of Ukraine and acting pursuant to Article 633 of the Civil Code of Ukraine, offers an unlimited number of individuals (hereinafter referred to as the User) to enter into this public offer agreement (hereinafter referred to as the Agreement) for the purpose of searching, booking, and/or purchasing tickets via the ekasa.org.ua website.
The User may act within the framework of the Agreement on their own behalf and for their own benefit and/or on behalf of and for the benefit of a third party. In such case, the User acts strictly within the powers granted by that third party.
ekasa acts as an integrated distributor of transportation services provided by carriers, consolidators of carrier resources, and third parties, hereinafter collectively referred to as the Service Providers.

1. Definitionsр

Ticket (including electronic ticket) — a travel document of an established format that grants the right to receive transportation services for bus travel. It is generated via the ekasa.org.ua website and is either sent to the email address provided during the order or otherwise delivered to the User.
Reservation — an electronic document that does not confirm payment for a ticket but secures a seat for the User free of charge. A reservation is not a ticket/travel document in the sense of current Ukrainian legislation and must be exchanged for a valid ticket/travel document upon payment of the applicable amount to the Carrier.
User — a natural or legal person who receives services and makes payment for them via the ekasa.org.ua website.
ekasa — an individual entrepreneur, Zh.A. Sachyk (tax identification number: 2702409763).
Carrier — a company that directly provides passenger transportation services, selected, reserved, and/or paid for via the booking and payment system on the ekasa.org.ua website.
Services — services related to the reservation and sale of Tickets, as well as other services provided by ekasa to the User under the terms of this Agreement.

1. General Provisions
   1.  This public offer agreement (hereinafter referred to as the “Agreement”) governs the terms and conditions for the sale and reservation of bus tickets (hereinafter referred to as “Tickets”), as well as the rights and obligations arising in connection therewith for ekasa and the User.
   2. The sale or reservation of Tickets to Users is carried out exclusively under the conditions of this Agreement and only upon its full and unconditional acceptance. Partial acceptance or acceptance on other terms is not permitted. The use of ekasa’s services by the User under the terms set forth in this Agreement constitutes the conclusion of the Agreement between the parties.
   3. In order to purchase Tickets through the ekasa system, Users shall make payments in accordance with the conditions specified on the ekasa.org.ua website.
   4. ekasa reserves the right to make changes to this Agreement at any time. Such changes shall be made publicly available by publishing them at the Internet address ekasa.org.ua. Continued use of ekasa’s services by the User after such changes are introduced shall constitute acceptance of the Agreement as amended.
   5. The terms of this Agreement apply to all Users.

Subject of the Agreement

1. ekasa undertakes to provide the User with services for booking or purchasing Tickets through the ekasa.org.ua website, as well as other services in accordance with the terms of this Agreement (hereinafter referred to as the “Services”), and the User undertakes to pay for such Services at the established rates and in the manner prescribed.
2. In the case of a free Reservation, the User may be denied the reservation if the Carrier requires a prepayment or full payment for the reservation and the User refuses to make such payment.
3. A reservation shall be considered valid only after it is confirmed by a manager, with such confirmation being communicated to the User.
4. This Agreement is concluded between ekasa and the User in accordance with Article 633 of the Civil Code of Ukraine.
1.  Acceptance of the Offer
   1. Acceptance of this Agreement is made by purchasing or booking a Ticket through the ekasa.org.ua website. The User accepts the terms of this Agreement voluntarily and in full.
   2. Before accepting this Agreement, the User must ensure that all of its terms are clear and that they are accepted unconditionally and in full.
   3. By accepting this Agreement, the User confirms that they possess full legal capacity, have the authority to enter into such a transaction, fully understand the implications of their actions, and act of their own free will.
2. Service Cost and Payment Procedure for Ticket Purchase
   1. The User shall pay the cost of the Ticket based on the parameters of their order and in accordance with the terms specified on the ekasa.org.ua website. Before accepting this Agreement, the User must ensure that all its terms are clear and accepted unconditionally and in full.
   2. The ticket price is composed of the cost of the Carrier’s services, applicable fares, fees, and taxes, and includes the commission of third parties and ekasa.
   3.  In the case of free ticket reservation, the User shall pay the Carrier’s service fee in cash directly to the Carrier’s representative before the departure of the vehicle.
   4. In the case of ticket purchase, the User shall pay for the Carrier’s services via the payment services available on the ekasa website. This payment is considered a transit payment for ekasa and is subject to transfer to the Carrier under terms agreed upon between ekasa and the Carrier.
   5. The User is required to carefully verify their selection and the information entered before choosing a payment option — “Cash upon boarding” or “Online card payment.” After clicking the “Book” button, the User proceeds either to the payment process or the reservation page. On the Payment page, the User enters their bank card details. After successful booking or payment, the User will see a confirmation message and access the page with their Ticket. On this page, the User may choose to either print the Ticket or save it to their electronic device.
   6. The ticket price, when searching for international routes, may be displayed in a foreign currency for reference purposes. However, payment made on the website will be processed in the national currency — Ukrainian hryvnia (UAH). The User will be redirected to a page showing the order total in hryvnias..
   7. The User is solely responsible for all bank fees, commissions, or other charges added to the Ticket price by the payment provider.
   8. ekasa may charge a service fee for ticket reservation, which is calculated automatically and displayed to the User before completing the reservation. In case of ticket refund by the User, the service fee is non-refundable.
   9. Any bank charges related to the transfer of funds under this Agreement shall be borne by the Party initiating the transaction.
3. Ticket Refund and Rescheduling
   1. Each Carrier sets its own terms and conditions regarding ticket refunds and rescheduling.
   2. The ticket refund policy is available in the “Personal Account” section on the ekasa.org.ua website, on the ticket information page. Rescheduling a ticket shall be understood as a refund processed according to the ticket’s tariff rules, followed by the booking of a new ticket, taking into account any non-refundable amount in case of cancellation initiated by the User.
   3.  Upon the User’s request, ekasa will contact the Carrier to negotiate possible individual terms regarding the refund or rescheduling of the ticket.
4. Rights and Obligations of the Parties
   1. The User has the following rights:
      1.  To submit feedback regarding the operation of ekasa through the contact channels provided by ekasa.
      2.  To claim compensation for losses arising under this Agreement by submitting a relevant request to the following email address: ekasa.info@gmail.com.
      3.  To request from ekasa the information necessary to order Services.
   2. The User is obligated to:
      1.  Fully pay the cost of ekasa’s Services either directly on the website or upon boarding the Carrier’s vehicle.
      2.  Thoroughly review all terms of this Agreement and accept them when purchasing or reserving a Ticket, including all additional terms governing the relationship between the Parties under this Agreement.
      3.  Provide accurate, correct, and complete information necessary for the provision of the Services when ordering a Ticket.
      4.  Review the terms and conditions of the selected Carrier prior to purchasing or reserving a Ticket, and thereby agree to comply with and follow those rules.
   3. ekasa has the following rights:
      1.  To require the User to comply with all booking and payment procedures as set forth in this Agreement.
      2.  To deny services to the User in case the User refuses to accept the terms of this Agreement.
      3.  To set and collect an additional fee from the User for extra services provided.
      4.  To record phone conversations with the User in the event of contact with the support center and/or during service provision and/or when it is necessary to notify the User and/or obtain additional information regarding any Ticket purchased or reserved via the ekasa.org.ua website.
      5.  To suspend the provision of Services due to technical or maintenance work.
      6.  To deny free reservations and cancel existing reservations if it is determined that the User, without prior notice or valid reason, failed to appear for a reserved trip, booked multiple dates in the same direction, or frequently modified bookings in a way that casts doubt on their genuine intent to use the Service.
      7.  To deny free reservations in cases of group bookings (three or more passengers under the same reservation, regardless of their relation to each other or if booked using the same phone number or email address within a short timeframe) for the same route, date, and time. However, ekasa may offer the User the option to pay for one of the tickets to confirm the reservation. If the User refuses to pay, all existing reservations will be canceled.
   4. ekasa is obligated to:
      1.  Send the User a Ticket in the format established and accepted by the Carrier.
      2.  Provide the User with instructions for booking/payment/receipt of the Ticket. Complete information is deemed to be that which is published by ekasa on the ekasa.org.ua website.
      3.  Inform the User of any changes or cancellations to the trip (if such information is received from the Carrier).
      4.  Accept and review any request submitted by the User, and if necessary, forward it to the appropriate Carrier for further consideration.

1. Personal Data Processing
   1. In accordance with the provisions of the Law of Ukraine “On Personal Data Protection” No. 2297-VI dated 01.06.2010, the User acknowledges and agrees to the provision of their personal data to ekasa, as well as the personal data of third parties specified by the User, which are obtained by ekasa during the ticket ordering process. The processing of the User’s personal data is carried out in accordance with the legislation of Ukraine and the Personal Data Processing Policy. The User grants ekasa the right to process their personal data in connection with the provision of Services as defined in this Agreement
2. Dispute Resolution
   1. All disputes and disagreements arising in connection with this Agreement shall be resolved through negotiations between the Parties. Pre-trial settlement of disputes is mandatory for both Parties. If the Parties fail to resolve any dispute and/or disagreement through negotiations, the Party that believes its rights have been violated shall be obliged to submit a pre-trial claim to the other Party. The review period for such a claim shall be 30 (thirty) business days from the date of its receipt. If no response is received within 30 (thirty) business days, or if the response is received but does not satisfy the Party that believes its rights have been violated, that Party has the right to refer the matter to a court in accordance with the rules of jurisdiction and competence established by the laws of Ukraine and applicable international law.
3. Liability of the Parties
   1. Under this Agreement, ekasa is not a party to the legal relationship between the User and the Carrier and does not represent the interests of either party. All disputes arising during the provision of services by the Carrier shall be resolved exclusively between the User and the Carrier.
   2.  The User is personally responsible for complying with the terms and conditions of ekasa, this Agreement, and the rules for using the Website.
   3.  he User bears sole responsibility for the failure to provide accurate information, including the identity of the person on whose behalf they are acting under this Agreement. This includes, but is not limited to, the inability to use personal data on the Website due to inaccuracy or incompleteness of the data.
   4.  The User agrees to compensate ekasa for any damages caused and, if necessary, to defend the interests of ekasa (including, but not limited to, founders, subsidiaries, affiliated companies, employees, directors, contractors, agents, and representatives) from any claims, damages, expenses, and liabilities (including legal fees) arising from or related to the execution of this Agreement.
   5.  Disputes and/or disagreements under this Agreement shall be resolved by the Parties through negotiations. If no agreement is reached, they shall be resolved in accordance with the laws of Ukraine.
   6.  All claims of the Parties must be made in writing and signed by authorized representatives.
   7.  Pre-trial dispute resolution is mandatory.
   8.  If the Parties fail to reach an agreement, disputes shall be resolved in court under applicable Ukrainian law.
   9.  The Parties shall not be liable for failure to perform their obligations under this Agreement if such failure is due to circumstances beyond their control.
   10. ekasa shall not be liable to the User or third parties for:
       1.  Any damages or losses arising from:
          1. data transmission or Internet connection issues not caused by ekasa;
          2. technical problems in electronic or mechanical equipment not owned by ekasa.
       2.   Loss of profit or missed opportunities, as well as any indirect damages incurred by the User during the use or non-use of ekasa services.
       3.  Failure of the User to obtain a travel document — ticket (fiscal receipt) in the established form at the bus station ticket office before the bus departs.
   11. ekasa is not responsible for the content, accuracy, or validity of information (including personal data) provided by the User during remote ticket ordering or purchasing in the context of passenger bus transportation.
   12. In case of disputes, ekasa shall review the matter using the personal data provided by the User on the Website at the time of receiving the Service. If such data is insufficient to identify the User, ekasa may refuse to process the claim.
   13. ekasa is not responsible for violations of third-party rights resulting from actions taken by the User while using services provided by ekasa.
   14. ekasa is not liable for any actions of the Carrier that result in harm to the User.
   15. ekasa is not liable for negative consequences or damages resulting from events or circumstances beyond its control, including actions or inactions of third parties, in particular:
       1.  Inability to fulfill obligations due to inaccurate, insufficient, or untimely data or documents provided by the User, or if the User violates the terms of this Agreement or document requirements;
       2.  Actions of Carriers (changes, cancellations, rescheduling, delays, price changes, fare removals, cancellation of unpaid or paid reservations), loss or damage of baggage, cargo, valuables, or documents during travel;
       3.  Actions of customs and immigration authorities;
       4.  Denial of departure by the competent authorities of the departure country;
       5.  Actions of foreign consulates, including delays, refusals, or changes in visa issuance timelines;
       6.  Consequences of the Passenger violating customs or border rules, travel or baggage regulations, or behavioral norms in the destination country;
       7.  Absence of travel documents issued by ekasa;
       8.  No-show or delay of the Passenger for check-in or departure;
       9.  Violation by Passengers of Carrier’s rules of conduct;
       10. Absence of valid travel passports or necessary documents regulating the departure of minors;
       11. за достовірність і правильність оформлення документів Пасажира (достовірність даних, які у них містяться Accuracy and correctness of the Passenger’s documents (including data contained therein).
   16. Any matters not regulated by the terms of this Agreement shall be governed by the applicable laws of Ukraine.
4. Final Provisions
   1.  his Agreement enters into force from the moment specified in Clause 2.2 of the Agreement and remains valid until the Parties have fully fulfilled their obligations.
   2.  All materials and information posted on the Website are the property of ekasa and are protected by copyright and intellectual property rights.
   3.  The User or any third party is not entitled to copy (in whole or in part), reproduce, or distribute materials or any other component (in whole or in part) by any means and in any form without the prior written consent of ekasa.
   4.  Correspondence with the User shall be conducted using the same method by which the User initially contacted the Service Provider, or in writing by sending letters via postal services. Any information constituting banking secrecy (such as bank card and account details) is transmitted using secure methods.
   5.  Any information related to bank cards entered by the User on the Website is not collected, stored, or processed by the Service Provider.

This Agreement is effective as of January 1, 2025