Public offer agreement for the provision of hotel services at Jam Hotel

1. Introduction

This document is an official public offer on behalf of a legal entity operating under the name Jam Hoteladdressed to any individual or legal entity (hereinafter referred to as the Guest) to conclude an agreement on the provision of temporary accommodation services and related services on the terms and conditions set forth in this Agreement. The legal basis for this public offer is Article 641 of the Civil Code of Ukraine. In accordance with this article, this offer is public, and its acceptance by the Guest in the prescribed manner shall be deemed to be the conclusion of a bilateral agreement on the terms and conditions set forth below.

By entering into this Agreement, the Guest confirms that he/she has read, understands and fully agrees with all the terms and conditions of this public offer, as well as with the internal rules of the hotel, which are an integral part of this Agreement. Acceptance of this offer shall be deemed to be the Guest's performance of any of the following actions: making a reservation, paying for hotel services, actually checking into the hotel or using any other services provided by the hotel.

The parties to this Agreement are, on the one hand, a legal entity operating under the name Jam Hotel (hereinafter referred to as the Hotel), and, on the other hand, any individual or legal entity that has used the services of the Hotel or intends to use them (hereinafter referred to as the Guest). The use of the terms "User", "Client", "Consumer" in other documents referred to in this Agreement shall be deemed identical to the term "Guest" for the purposes of this Agreement.

2. General provisions

In this Agreement, the following terms shall have the following meanings:

• Public offer - is an offer of the Hotel addressed to any individual and/or legal entity in accordance with Article 641 of the Civil Code of Ukraine to enter into an agreement with it on the terms and conditions contained in this public offer.
• Contract - agreement on the provision of hotel services concluded between the Hotel and the Guest on the terms of this public offer.
• Hotel. - a legal entity engaged in the provision of temporary accommodation services under the name Jam Hotel.
• Guest. - any individual or legal entity that uses or intends to use the services of the Hotel.
• Booking - pre-booking by the Guest of a room (place) in the Hotel for a certain period of time.
• Services. - temporary accommodation services (provision of a room for accommodation) and other related services provided by the Hotel.
• Website - official website of the Hotel at https://jam-hotel.com.ua/.
• Internal rules of the hotel - the rules of residence and use of the Hotel's services established by the Hotel and posted on the Website and/or at the reception of the Hotel.

Acceptance of this Public Offer shall be deemed to be full, unconditional and unconditional acceptance by the Guest of all terms and conditions of the Agreement without any exceptions and/or restrictions. Such acceptance shall be equivalent, in accordance with Part 2 of Article 642 of the Civil Code of Ukraine, to the conclusion by the Parties of a bilateral written agreement on the terms and conditions set forth in this Public Offer. The conclusion of the Agreement means that the Guest has fully read and agrees with Internal rules of the hotelacknowledges the suitability of the Hotel premises to meet its needs and accepts all the terms and conditions of this Agreement without any comments or objections.

The text of this Public Offer is permanently posted on the official website of the Hotel at https://jam-hotel.com.ua/ and may be available for review at the reception of the Hotel. This Agreement shall be concluded by giving full and unconditional consent (acceptance) by the Guest to conclude the Agreement in full, without signing a written copy of the Agreement by the Parties. The Hotel accepts guests for accommodation around the clock.

3. Subject of the agreement

The subject of this Agreement is the provision by the Hotel to the Guest for a fee of temporary accommodation services (provision of a room (place) for temporary accommodation) in one of the hotels of the chain Jam Hotellocated at the addresses that will be indicated on the Hotel's Website, as well as the provision of other related services in accordance with the reservation order and the terms of this Agreement. Each room is equipped with a certain number of beds. If it is necessary to accommodate an additional number of guests in the room, if the room is equipped to accommodate them, such visitors are accepted for a fee.

4. Rights and obligations of the Hotel

The hotel has the right to:

• Receive timely and full payment from the Guest for the services provided in accordance with the established tariffs and payment terms.
• Install, modify and add to Internal rules of the hotelwhich shall not contradict the current legislation of Ukraine and the terms of this Agreement.
• To refuse to accommodate the Guest or provide services in the cases provided for in this Agreement and Internal rules of the hotelIn particular, if the Guest does not have valid identification documents, or if the documents are invalid or expired, as well as if there is a suspicion of their forgery. The Hotel also has the right to refuse to accommodate the Guest if the Guest is in a state of alcoholic, narcotic or other similar intoxication, or if his/her behavior is inappropriate or aggressive.
• To enter the Guest's room for cleaning, maintenance or in case of emergency (fire, flooding, etc.) without prior consent of the Guest, but with respect for his/her right to privacy.
• Impose fines on the Guest for violations Internal rules of the hotelIn particular, for smoking in prohibited areas. In case of repeated smoking in prohibited places, the Hotel administration has the right to evict the Guest unilaterally without refund of the cost of prepaid services.
• Require the Guest to provide a guarantee of payment for additional services upon check-in (for example, in the form of a cash deposit or blocking funds on a payment card).

The hotel is obliged:

• Provide the Guest with quality temporary accommodation services and other ordered and paid services in accordance with the terms of this Agreement and Internal rules of the hotel.
• Take the necessary measures to ensure the safety of the Guests and their property on the territory of the Hotel.
• To maintain proper sanitary and hygienic condition of the rooms and other premises of the Hotel.
• Provide the Guest with complete and accurate information about the services provided by the Hotel, their cost, booking and payment procedures, as well as about Internal rules of the hotel.
• Respond in a timely manner to complaints and comments from Guests regarding the quality of services provided and take measures to eliminate identified shortcomings.
• Provide round-the-clock check-in and check-out services for guests.
• Ensure the protection of personal data of Guests in accordance with the current legislation of Ukraine.
• To inform the Guests about scheduled repairs or other circumstances that may affect the quality of service.
• Provide the Guest with tariffs for accommodation services and additional services that shall not exceed the tariffs published on the Hotel's Website and in publicly available online booking systems of the Hotel's services.
• In case of impossibility to provide the services booked and timely paid by the Guest due to the fault of the Hotel, at the written request of the Guest, the Hotel is obliged to accommodate the Guest in another hotel located in the area that provides services of equal or higher quality.

5. Rights and obligations of the Guest

The guest has the right:

• Receive booked and paid services of proper quality in accordance with the terms of this Agreement and Internal rules of the hotel.
• To receive complete and accurate information about the Hotel, its services, tariffs, booking and payment procedures, as well as about Internal rules of the hotel.
• For a safe and comfortable stay at the Hotel.
• Contact the Hotel administration with complaints and suggestions regarding the quality of services provided.
• Cancel or change your reservation in accordance with the terms and conditions set forth in Section 8 of this Agreement.

The guest is obliged:

• To pay for the services provided by the Hotel in a timely manner and in full in accordance with the established tariffs and payment terms.
• Strictly adhere to Internal rules of the hotel.
• Respect the rights and legitimate interests of other Guests and employees of the Hotel.
• Take care of the property and equipment of the Hotel, prevent its damage or loss. In case of damage to the property of the Hotel, the Guest is obliged to compensate for the damage in full.
• Notify the Hotel administration of any property damage or technical malfunctions in the room or other premises of the Hotel immediately, but no later than 30 minutes after their discovery.
• Keep the rooms and other areas of the Hotel quiet from 22:00 to 08:00, and do not turn on audio systems and TVs at high volume during this time.
• Do not smoke in rooms and other areas of the Hotel where it is prohibited. Smoking in prohibited areas is subject to a fine.
• To comply with the rules established by the Hotel regarding the stay in the Hotel with pets. In case of accommodation with a pet, the Guest must register it with the Hotel administration.
• Provide accurate and complete information required for booking and registration at the Hotel.
• To inform the Hotel administration about the visitors he/she plans to receive in his/her room in accordance with the rules established by the Hotel.
• To agree to the processing of their personal data by the Hotel for the purpose of providing services and in accordance with the current legislation of Ukraine.

6. The procedure for booking rooms

The Guest may book rooms at the Hotel in one of the following ways:

• Through the official website of the Hotel at https://jam-hotel.com.ua/.
• By calling the phone number indicated on the Hotel's Website (+380637208009).
• Through other online booking platforms with which the Hotel cooperates (if any).
• By contacting the Hotel reception in person.
• By sending a written request for booking hotel services.

When making a reservation, the Guest is responsible for the accuracy and completeness of the information provided, which includes: check-in and check-out dates, number of guests, room category and type, name and contact details of the Guest, as well as any special requests (if possible, fulfilled by the Hotel).

Confirmation of the reservation by the Hotel is carried out by sending a corresponding message to the e-mail or phone number specified by the Guest during the reservation (for online and telephone reservations). For written requests, confirmation may be provided in writing. The Hotel reserves the right to refuse a reservation in case of unavailability of rooms of the desired category or for other justified reasons.

A reservation is considered to be guaranteed in case the Guest makes a prepayment in the amount and within the terms set by the Hotel for the relevant rate. Guaranteed reservation conditions may vary depending on the selected rate and period of stay.

In the case of unguaranteed reservation, the Hotel reserves the right to cancel the reservation without prior notice if the Guest does not arrive at the Hotel by the set time (usually by 18:00 on the date of arrival), unless otherwise provided by the terms of the reservation.

7. Payment methods, payment terms

Payment for the services provided by the Hotel may be made by the Guest in the national currency of Ukraine - hryvnia - in one of the following ways:

• In cash at the Hotel reception.
• By bank transfer to the Hotel's current account (for legal entities and, by agreement, for individuals).
• By means of payment cards (Visa, Mastercard and others) through the payment terminal at the Hotel reception or online through the Hotel's Website (if such a possibility is provided).
• In other ways agreed between the Hotel and the Guest.

When checking into the Hotel, the Guest is obliged to make a full prepayment of the cost of basic hotel services for the entire period of stay. In addition, the Hotel has the right to require the Guest to provide a guarantee of payment for possible additional services, for example, by making a cash deposit or authorizing a payment card.

For legal entities, payment for services shall be made on the basis of the invoice issued by the Hotel within 15 (fifteen) working days from the date of its issuance. All bank charges related to the transfer of funds to the Hotel's account shall be borne by the Guest (Customer).

Tariffs for the Hotel's services are posted on the official Website of the Hotel and/or provided to the Guest at the reception of the Hotel. The Hotel has the right to change the tariffs for services unilaterally, but the cost of an already confirmed reservation remains unchanged, unless otherwise provided by the terms of the reservation.

In case of departure of the Guest later than the established settlement time, the Hotel has the right to charge an additional fee in accordance with the established Internal rules of the hotel tariffs. In particular, when checking out from 12:00 to 18:00, a fee of 50% of the cost of the booked room per one billing day may be charged, and when checking out later than 18:00 - 100% of the cost of the booked room per one billing day.

8. Conditions for canceling or changing a reservation

The Guest has the right to cancel or change his/her reservation subject to the terms and conditions set by the Hotel. As a general rule, the Guest may cancel the reservation without penalty until 18:00 of the day preceding the day of arrival, unless otherwise provided by the terms of the selected rate (for example, special cancellation conditions may apply to non-refundable rates).

In case of cancellation of the reservation later than the specified period or in case of no-show, the Hotel has the right to apply penalties in the amount of the first night's stay or another amount provided for by the terms of the reservation.

To cancel or change the reservation, the Guest must notify the Hotel of his decision in one of the available ways (by phone, e-mail or through the personal account on the Website, if any) within the established time limits.

The Hotel has the right to cancel the reservation in cases of force majeure, technical malfunctions or in other justified cases, notifying the Guest as soon as possible. In such cases, the Hotel undertakes to refund the funds paid to the Guest or offer alternative accommodation options.

The terms of cancellation or change of reservation may vary depending on the selected rate, period of stay and other factors, which the Hotel undertakes to inform the Guest about when booking.

For a better understanding of the cancellation conditions, here is an indicative table (the conditions for a particular tariff may differ):

Cancellation time in relation to the date of arrival	Penalties (if any)
More than 24 hours before arrival	No penalty
Less than 24 hours before arrival	The cost of the first night's stay
On the day of arrival or in case of no-show	The cost of the first night or the full cost of the reservation (depending on the rate)
For non-refundable tariffs	100% of the cost of booking

9. Responsibility of the parties

The Hotel shall be liable for improper fulfillment of its obligations under this Agreement in accordance with the current legislation of Ukraine. However, the Hotel shall not be responsible for the safety of the Guest's valuables that have not been deposited with the Hotel administration.

The Guest is responsible for damage to the Hotel's property caused by his/her actions or actions of persons staying in the room with him/her. In case of damage to the property of the Hotel, the Guest is obliged to reimburse the cost of the damage in full.

The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement if this is due to force majeure, such as natural disasters, wars, strikes, decisions of public authorities, etc.

10. Dispute Resolution Procedure

All disputes and disagreements that may arise between the Parties on issues related to the performance of this Agreement shall be resolved through negotiations. In case of impossibility to settle the dispute through negotiations, it shall be subject to judicial review in accordance with the current legislation of Ukraine.

11. Other conditions

This Agreement is a public offer and is valid indefinitely until canceled by the Hotel. The Hotel has the right to unilaterally amend and supplement this Agreement by posting a new version on its Website. Amendments shall come into force from the moment they are published on the Website, unless a different effective date is specified in the relevant publication.

By entering into this Agreement, the Guest gives his/her consent to the Hotel to process his/her personal data in accordance with the Law of Ukraine "On Personal Data Protection" in order to ensure the provision of hotel services and other purposes related to the execution of this Agreement. The Guest also agrees to the transfer of information to third parties arising in connection with the execution of this Agreement and the receipt of services by the Guest from the Hotel.

This Agreement shall be governed by and construed in accordance with the laws of Ukraine.

Contact information of the Hotel:

Address: (will be indicated on the Hotel's Website)

Phone: +380637208009

E-mail: (will be indicated on the Hotel's Website, if available)

The Guest shall send a written order for booking hotel services in accordance with the terms of this Agreement.

Conclusion.

The presented Public Offer Agreement is a comprehensive document that defines the basic conditions for the provision of hotel services in Jam Hotel. It covers the key aspects of interaction between the Hotel and the Guest, including the procedure for booking, payment, accommodation conditions, rights and obligations of the parties, as well as the procedure for resolving possible disputes. A clear definition of these terms contributes to the transparency of relations and protection of the interests of both parties. Posting this agreement on the official website of the Hotel will provide easy access to it for all potential guests, which is an important condition for a public offer. Compliance with the provisions of this agreement will allow Jam Hotel to operate efficiently, providing a high level of service and comfort for its guests.