Public offer (contract)

on the provision of temporary accommodation services in EMILY MAGIC HOSTEL

Limited Liability Company "EMILI RESORT" (EDRPOU code 42556966) represented by the director Kozlovskaya Yulia Igorevna, acting on the basis of the Charter, and/or

Individual entrepreneur Yaroshovych Olha Ivanivna (RNOKPP 2234008926), acting on the basis of Extract from the Unified State Register No. 2010350000000798840 dated 05.06.2025.

hereinafter referred to as each separately – the Hostel offers any individual to conclude this Public Offer (Agreement) for the provision of temporary accommodation services at EMILY MAGIC HOSTEL.

This public offer is public and, according to Articles 633, 641, 644 of the Civil Code of Ukraine, its terms are the same for all individuals.

The subject of this Public Offer is the legal relations arising in connection with the provision of temporary accommodation services by the Hostel at EMILY MAGIC HOSTEL.

Services are provided in the EMILY MAGIC HOSTEL hostel type hotel on the territory of the EMILY RESORT complex, located at: Lviv region, Vynnyky, B. Khmelnytskyi st., 9 (hereinafter referred to as the Hostel), and include: accommodation of individuals by providing a bed for temporary residence in six-bed and/or eight-bed rooms (hereinafter referred to as the Services). In the event that you accept the Services offered by the Hostel, it is considered that you fully and unconditionally agree with all the terms and conditions of the Public Offer (Agreement) for the provision of temporary accommodation services at EMILY MAGIC HOSTEL (hereinafter referred to as the Public Offer (Agreement)), fully and unconditionally accept them (including agreeing to fulfill all obligations imposed on you by the Public Offer (Agreement)) and that you understand all their provisions. The public offer (contract) for the provision of temporary accommodation services at EMILY MAGIC HOSTEL defines the content of the rights, obligations and responsibilities of the Hostel and the User.

Feedback and suggestions on the work of the Hostel can be left at the reception. The operating hours of the EMILY MAGIC HOSTEL Hostel are 24 hours a day, 7 days a week.

1. General provisions

1.1 This Public Offer defines the terms of the Agreement in accordance with Article 641 of the Civil Code of Ukraine and is an official Public Offer addressed to other persons (hereinafter referred to as the “User” or “Users”, or “Client”, or “Consumer”, or “Consumers”, or “Guest”, or “Guests”) for concluding an Agreement on the provision of accommodation services to the Consumer (provision of a bed in a room for temporary residence) on the terms set out below.

1.2 Hereinafter, in the text of the Public Offer (Agreement), the Hostel and the Consumer are collectively referred to as the “Parties”, and each individually as a “Party”. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to conclude and perform the Agreement in accordance with its terms.

1.3 The text of the Public Offer (Agreement) is always posted on the information stand and the official website of the Hostel: https://hostel.emilyresort.com.ua/.

1.4 The Consumer consents to the disclosure to third parties of information arising in connection with the execution of this Public Offer (Agreement) and the receipt by the Consumer of services from the Hostel.

2. Proposal (public offer)/ Subject of the contract.

2.1. The subject of the Public Offer/Agreement is the provision by the Hostel to the User for a fee of accommodation services, by providing a bed in a room for temporary residence at the address: Lviv region, Vynnyky, B. Khmelnytskyi st., 9, in a specially equipped residential premises (room) EMILY MAGIC HOSTEL in accordance with the booking order.

2.2. The Agreement is considered concluded and enters into force as an accession agreement from the moment the Client takes the actions provided for in clause 3.4 of the Agreement, which means the full and unconditional acceptance by the latter of all the terms of the Agreement without any exceptions and/or limitations in accordance with Article 642 of the Civil Code of Ukraine. The Agreement for the provision of accommodation services is concluded by the User by means of acceptance of the Public Offer, has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to an agreement signed by the parties and is considered such that the User has familiarized himself with and agrees with the terms of this Public Offer (Agreement).

3. Procedure for concluding a contract

3.1. The Agreement is concluded between the Hostel and the Guest in the form of an accession agreement (Article 634 of the Civil Code of Ukraine).

3.2. Acceptance of the Public Offer is the User's performance of any of the actions specified in clause 3.4 of the Agreement.

3.3. Acceptance of the Public Offer means the User's full, unconditional and unreserved acceptance of all terms and conditions of the Agreement without any exceptions and/or limitations and is equivalent, according to 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 set out in this Public Offer. Conclusion of the Agreement means that the User:

– acknowledges the unconditional suitability of the Hostel premises to meet the needs described in this agreement;

– accepts all the terms of this agreement without comments or objections.

3.4. In accordance with Article 642 of the Civil Code of Ukraine, the User confirms the fact of acceptance of the Public Offer after reviewing its terms and conditions set out on the information stand and in the Consumer Corner at the entrance to the Hostel, as well as on the Hostel website https://hostel.emilyresort.com.ua/ by collectively or separately performing any of the following actions:

– payment for temporary accommodation services through the reception or by bank transfer based on issued invoices, or by bank card;

– direct use of the Hostel services by the User;

– obtaining a document that grants the right to enter and use the Hostel services (check-in);

– filling out a registration card at the reception.

3.5. The User undertakes to independently enter (report) reliable personal data and information that correspond to reality when registering for the Hostel's services.

3.6. The term of acceptance of this Public Offer is unlimited.

4. Settlement procedure.

4.1. Hostel services, including additional ones, are provided to the User on a paid basis in accordance with the terms of the contract and tariffs/prices indicated on information stands, in the consumer corner, menus, price lists, Price lists, other information documentation of the Hostel and/or on the website https://hostel.emilyresort.com.ua/, taking into account the selected bed category on the website. Tariffs/prices for Hostel services and their list are determined and changed exclusively by the sole decision of the Hostel.

4.2. The right to receive/use the Hostel Services is granted after payment for the relevant Services, in accordance with the Tariffs/Prices.

4.3. The hostel has the right to apply free prices and a system of discounts for temporary accommodation services.

4.4. Payment for services at the Hostel is made in cash, by bank cards of the MPS Visa, Mastercard, by transfer, by non-cash payment by bank transfer, etc.

4.5. Upon completion of the paid period of stay, the User is obliged to leave the bed and vacate it of personal belongings and luggage no later than 12:00 (check-out time) of the last paid day of stay or pay for the extension of the period of stay (period of use of the bed) in the absence of a reservation of the specified bed by third parties.

4.6. Check-in time at the Hostel starts at 2:00 PM.

4.7. Early check-in and late check-out are additional services that are paid for in accordance with the prices indicated on information stands, in the consumer corner, Price Lists, other information documentation of the Hostel and/or on the website. https://hostel.emilyresort.com.ua/.

4.8. A reservation is considered unguaranteed without payment. To make a reservation guaranteed, the User must make a prepayment. Prepayment is possible on the Site or in another way by prior agreement with the Hostel.

A non-guaranteed reservation is valid until 6:00 PM on the date of arrival, after which it may be canceled by the Hostel without notice to the User.

The user can confirm the reservation (thus granting it the status of a guaranteed reservation) by making a prepayment in the amount of the cost of one night of accommodation (partial prepayment - for reservations for a period of more than one night), or 100% of the booking cost (full prepayment), using a bank card, bank transfer or other method.

4.9. Cancellation of booking:

4.9.1. Cancellation of a confirmed reservation is carried out by sending a written notification to the Hostel via email. hostels@emilyresort.com.ua. Cancellation of the reservation is free of charge (except for special rates that do not provide for a refund of the advance payment), if it is made within 24 hours before the day of arrival at the Hostel. In case of cancellation of the reservation after the specified time, the Hostel has the right to demand payment by the User of 100% of the cost of the first day of stay of the confirmed order.

4.9.2. If the User does not check in to the Hostel or cancels the reservation later than one day before 2:00 p.m. of the Check-in Date, the prepayment for one day of stay is not refundable and is considered a Penalty collected in favor of the Hostel. In special cases (the decision is made by the Hostel), the remaining payment may be placed on a deposit with a guarantee of its use during the calendar year.

5. Procedure for registering accommodation in the Hostel. Procedure for early termination of accommodation services at the initiative of the User.

5.1. The User's accommodation in the Hostel is carried out on a pre-paid basis, i.e. upon payment of 100% of the service fee (except for cases specified in the Public Offer) for temporary accommodation for a period agreed with the reception in accordance with the prices indicated on the information stands, in the consumer corner, Price Lists, other information documentation of the Hostel and/or on the website https://hostel.emilyresort.com.ua/, with the simultaneous presentation by the User to the reception of documents certifying his identity, as well as filling out and leaving at the reception the User's registration card in the specified form. In the absence of the documents specified in the Public Offer, the User acknowledges that the reception employee has the right to refuse to provide temporary accommodation services in the Hostel.

A bed (Service) is provided to the User upon presentation of a passport or other document certifying the identity (passport of a citizen of Ukraine, passport of a citizen of Ukraine for traveling abroad, diplomatic or service passport, seaman's identity card, crew member's ID card, residence permit of a person residing in Ukraine but not a citizen of Ukraine, national passport of a foreigner or a document replacing it, and visa for the right to stay in Ukraine (unless otherwise provided for by applicable bilateral agreements), birth certificate of minors under 16 years of age, driver's license, for military personnel - an identity card or military ID card, a certificate issued at the consumer's place of work, etc.), and filling out a registration card.

5.2. In the event of the User's refusal of the booked service or a change in the start and/or end date of the service for any reasons beyond the Hostel's control, changes in the terms of the service at the User's initiative after payment shall be deemed a refusal (partial refusal) of the service, and an amount of 100% may be withheld (charged) from the cost of the service for one day in favor of the Hostel.

6. Force majeure

6.1. In the event of force majeure circumstances: war, floods, earthquakes, fires, strikes, epidemics, changes in legislation, etc., the parties are partially or fully exempted from fulfilling their obligations under this agreement.

6.2. The Party for which it is impossible to fulfill its obligations due to force majeure circumstances is obliged to notify the other Party in writing about the time of onset and termination of these circumstances.

6.3. The presence of force majeure circumstances must be confirmed by certificates or other documents from competent executive bodies or local self-government bodies, certificates from the Chamber of Commerce and Industry of Ukraine or regional Chambers of Commerce and Industry.

6.4. Since this Agreement was concluded during the martial law in Ukraine, the Parties agreed that the Hostel is exempt from liability for non-provision, untimely or incomplete provision of services under this Agreement in connection with the introduction and implementation of additional measures of the legal regime of martial law, in particular, but not exclusively, changing the duration of the curfew.

7. Accommodation of children

7.1. For the accommodation of one child up to 5 years of age inclusive without providing an additional bed, no fee for temporary accommodation services is charged.

7.2. The Hostel prohibits sharing a room with persons under the age of 18 with persons over the age of 18, except in cases where such persons are related, confirmation of which the guest must provide upon first request to the reception, or with the notarized written consent of the mother, father, guardian or guardianship authority.

7.3. The conditions for receiving and accommodating groups of children accompanied by adults are regulated in each individual case individually, by signing a separate agreement.

8. Additional Hostel services

8.1. In addition to accommodation services, the Hostel provides the following services free of charge, comments on the quality of which are not accepted:

– room cleaning once every 7 days;

– call emergency services;

– wireless Internet access.

8.2. Other additional services are provided at the rates/prices indicated on information stands, in the consumer corner, menus, price lists, Price Lists, other information documentation of the Hostel and/or on the website. https://hostel.emilyresort.com.ua/ taking into account the selected room category.

9. Rights and obligations of Users of Hostel accommodation services

9.1. Users of accommodation services have the right to:

9.1.1. use accommodation services and additional services in the manner specified in this Public Offer and other documents;

9.1.2. receive complete and reliable information about the hours of access to the territory where the Hostel is located, the cost of services provided on the territory of the Hostel;

9.1.3. contact the reception staff regarding the quality of the temporary accommodation service, leave complaints, feedback and suggestions in the book of complaints and suggestions located at the reception.

 9.2. Users of accommodation services are obliged to:

9.2.1. unconditionally comply with the terms and conditions of this Public Offer;

9.2.2. respect the rights of other guests of the Hostel;

9.2.3. observe quiet time from 10:00 p.m. to 7:00 a.m.

9.2.4. to adhere to moral and ethical standards, refrain from consuming alcoholic beverages, tobacco products and using obscene language in public areas of the Hostel and rooms;

9.2.5. comply with the Rules of entry and movement of vehicles in the territory where Emily Resort is located, the Rules of stay on the territory of Emily Resort and others that can be found at the reception;

9.2.6. protect the Hostel's property. In the event of loss or damage due to the User's fault to property (including towels, bathrobes, dishes, furniture, various inventory, etc.) located on the territory of the Hostel, the User is obliged, within 3 calendar days, but no later than the date of eviction from the Hostel, to compensate for the damage, the amount of which is determined: according to the prices indicated on the information stands, in the consumer corner, menus, price lists, Price lists, other information documentation of the Hostel and/or on https://hostel.emilyresort.com.ua/, and in the absence of such prices - by a commission consisting of: a receptionist and any other employee of the Hostel on transparent terms and at the market value of the lost or damaged property;

9.2.7. comply with fire safety rules and rational (economical) use of electrical appliances and equipment of the Hostel;

9.2.8. close water taps, windows, turn off lights and electrical appliances (including air conditioners) when leaving the room for more than 5 minutes.

9.3. Guests staying at the Hostel are prohibited from:

9.3.1. to bring and store in the Rooms substances, materials and objects that are dangerous to the life and health of citizens and the safety of property;

9.3.2. leave unauthorized persons in the room (persons who did not fill out and sign the guest registration card), as well as hand over the room keys to them;

9.3.3. smoking tobacco products, electronic cigarettes and hookahs throughout the Hostel (in rooms, corridors, lobby and restaurant, etc.). Smoking is allowed only in a specially designated place - information is available at the Hostel reception. For smoking in prohibited places, the Guest undertakes to pay a Fine of 5,000 hryvnias.

9.3.4. remove dishes, cutlery, food and drinks from restaurants on the territory of Emily Resort without prior approval from the restaurant administration;

9.3.5. use electric heating devices that are not included in the Room's package;

9.3.6. use the Hostel and Room equipment for purposes other than those intended;

9.3.7. use pyrotechnics and sparklers on the territory of Emily Resort;

9.3.8. bring and store firearms, gas, pneumatic and other types of weapons on the territory of the Hostel.

9.4. The User undertakes to comply with the rules of stay at the Hostel, which prohibit the use of Russian-language content in any of its manifestations in public places while receiving hotel services. In particular, but not exclusively, the User is obliged to comply with the ban on the use of any media, communication channels through which the Russian language can be heard or demonstrated to an indefinite circle of persons, for purposes other than private communication. If the User violates this rule and/or fails to properly ensure its implementation, the Hostel representative has the right to immediately contact the User with a request to terminate and ensure compliance with the obligations specified in this Agreement and this clause in particular. For each fact of such a violation, the User is obliged to pay the Hostel a fine in the amount of UAH 10,000.00 (ten thousand hryvnias) within 1 calendar day from the moment the Hostel issues the invoice. The User agrees that each fact of using the Russian language in the manner established above when receiving services under the Agreement is subject to a fine of UAH 10,000.00 (ten thousand hryvnias) for each violation recorded by the Hostel representative. The Parties agreed that the application of the above penalties cannot be a basis for revising the total cost of services and/or a basis for refusing to pay for services. The Parties agreed that the exercise of the Hostel's rights specified in this clause also means the Hostel's proper fulfillment of its obligations under this Agreement in full and in a proper manner and cannot be a basis for revising the price and/or submitting claims/claims regarding non-fulfillment of the terms of the Agreement.

9.5. LLC "EMILY RESORT" reserves the right to impose a fine on guests for violating fire safety regulations, smoking, failure to fulfill rights and obligations, and disobedience to legal requirements of staff and/or security services, etc.

10. Rights and obligations of the Hostel

10.1. The hostel is obliged to:

10.1.1. to provide the User with paid services in a timely, high-quality and complete manner;

10.1.2. inform the User about the services provided on the territory of the Hostel and the form and procedure for their payment;

10.1.3. ensure full compliance of the services provided by the complex with sanitary and epidemiological norms and rules;

10.1.4. respond promptly to requests from Users regarding the provision of temporary accommodation services, taking measures to eliminate breakdowns and accidents in the Hostel rooms as soon as possible (if it is impossible to eliminate an accident or breakdown in the room, a bed is provided in another room);

10.1.5. be responsible for the completeness and serviceability of the equipment in the rooms, as well as for the quality of preparation of the bed for occupancy.

The Hostel is not responsible for money, belongings and any other material values that were left in the room, lost on the territory of the Hostel, or their disappearance for any reason. Also, considering that the Hostel is located on the territory of a complex that provides water procedures, the Hostel is not responsible for injuries suffered by Users as a result of using water procedures, as well as falls due to slippery surfaces of paths, etc., including in the premises of the Hostel itself.

10.2. The hostel has the right:

10.2.1. enter the room to clean, change linen, check water supply systems, air conditioning or eliminate deficiencies in their functioning, as well as in the event of the User's violation of the provisions of this Public Offer;

10.2.2. in the event of the end (coincidence) of the User's paid period of stay in the Hostel, agreed with the reception and 100%, and/or the User's absence from the place of temporary residence for more than 2 hours without payment, to independently free the room from the User's personal belongings, while making an inventory of the property left by the User;

10.2.3. if the User violates generally accepted norms of conduct more than twice, invite employees of the internal affairs bodies to clarify the circumstances and establish the facts of such violations;

10.2.4. early terminate the contract for the provision of temporary accommodation services, with simultaneous forced eviction, without refunding the funds paid by the User for temporary accommodation, in the event of:

10.2.4.1. being in a state of severe alcohol intoxication; being in a state of drug intoxication and/or under the influence of intoxicating substances, their use and/or distribution (the security service determines the degree of intoxication and/or the effect of substances at its own discretion);

10.2.4.2. smoking in the rooms, as well as on the territory of the Hostel and the complex, except for places specially designated for this. The fine for smoking in places not designated for this is 5,000.00 (five thousand) hryvnias.

10.2.4.3. without the approval of the reception and without proper permits, storing or bringing weapons, explosives and flammable, corrosive, poisonous, narcotics and other dangerous objects and substances;

10.2.4.4. keeping animals and/or birds in the room and/or without the permission of the reception or secretly bringing them into the territory of the Hostel;

10.2.4.5. violation of generally recognized rules of public order;

10.2.4.6. violation of the provisions of this Public Offer;

10.2.4.7. systematic (2 or more) complaints from other Hostel guests about violations of their rights and freedoms;

10.2.5. refuse the User to settle in the following cases:

10.2.5.1. he/she does not have documents, or the documents are invalid or expired, or there are suspicions that the documents are false;

10.2.5.2. the User has an untidy, dirty appearance, the User is in a state of severe alcohol intoxication; being in a state of drug intoxication and/or under the influence of intoxicating substances, their use and/or distribution (the security service determines the degree of intoxication and/or the effect of substances at its own discretion); the User, with his aggressive behavior and/or violation of generally recognized norms of public order and/or rules of morality, interferes with the rest of guests, third parties and/or the work of employees.

10.2.5.3. The User refuses to comply with the Rules of Staying on the territory of Emily Resort, other internal rules of LLC "EMILY RESORT";

10.2.5.4. The user is included in the list of unwanted guests;

10.2.5.5. in other cases provided for by the legislation of Ukraine.

In case of disputes, the Hostel will resolve the issue.

10.3. The Hostel has the right to assign the performance of the service agreement to another person, remaining fully liable to the User for breach of the agreement.

10.4. The Hostel reserves the right to conduct video surveillance in public areas (lobby, hall, corridors of restaurant halls, etc.) in order to ensure the safety of Users, visitors, hotel employees. By signing the registration card for accommodation, the User accepts and does not object to the fact of using video surveillance systems in the Hostel premises (except for rooms and toilet cubicles).

11. It is prohibited on the territory of the Hostel:

11.1. invite and escort unauthorized persons to rooms;

11.2. transfer the key (card, etc.) from the room to third parties;

11.3. store oversized items and objects in the room, except for suitcases (boxes, boxes larger than 100x100x100 cm, bicycles, scooters, mopeds, etc.);

11.4. move furniture and interior items;

11.5. smoke in rooms and other places not designated for smoking;

11.6. store or bring weapons, explosive and flammable, corrosive, poisonous, toxic, narcotic substances and other dangerous items. Users who have the right to carry and store weapons are obliged to inform the reception on the day of arrival, presenting the relevant permits;

11.7. remove dishes and cutlery from rooms and outside catering establishments;

11.8. to take food and beverages outside the premises of catering establishments;

11.9. knowingly pollute the Hostel territory with cigarette butts, garbage, etc.;

11.10. throw any objects and things from balconies or windows;

11.11. use your own irons, electric heaters, boilers, kettles, etc., which are not included in the room package;

11.12. light candles.

In the event of more than two violations, or a single gross violation by the guest of the rules of conduct and/or obligations specified in sections 9-11 of this Public Offer, the reception has the right to refuse the guest further provision of temporary accommodation services, and therefore stay on the territory of the Hostel, with the mandatory drawing up of a relevant act and, if necessary, with the involvement of law enforcement officers.

12. Dispute Resolution

12.1. The Hostel is not liable for any damage caused to the User if such damage arose as a result of his failure to comply with this Agreement, as well as other regulatory documents of Ukraine, including safety regulations, fire regulations and other regulatory documents in force at the time of provision of services, relating to accommodation, catering, health improvement, internal documents of LLC "EMILI RESORT", etc.

All complaints are considered by the Hostel only if the Hostel has been informed of the violation of the terms of service in advance, so that they can be eliminated within the next 12 hours. Complaints and all necessary documents (checks, Hostel receipts, documents confirming actual losses) are provided to the Hostel no later than 3 calendar days from the date of completion of the service. Complaints filed in violation of the requirements of this clause will not be considered.

The fact of damage and/or destruction of property is recorded in an act, which is drawn up and signed by authorized representatives of the Hostel in the presence of the representative of the User. In the event of the latter's refusal to participate in drawing up the specified act and/or receiving a copy of it and/or its actual absence, such Act is drawn up and signed by authorized representatives of the Hostel and sent to the postal address and/or e-mail (e-mail) according to the contact details provided by the User. Failure to provide such data/incorrect provision of such data by the Guest is considered to be familiarization with the Act on the day after its drawing up.

The User is obliged to compensate the Hostel for losses in case of loss or damage to the Hostel's property, and is also responsible for violations caused by persons invited by him (visitors). The amount of the loss is determined by the Hostel. The losses are compensated in full, in the amount that covers the actual losses of the Hostel on the basis of the Act of causing material damage, within five banking days from the moment of drawing up the specified Act and may include lost profits.

12.2. The hostel considers the received complaint within 20 days.

12.3. Complaints filed in violation of the requirements of the Public Offer (Agreement) will not be considered.

12.4. Each right of one Party always corresponds to the obligation of the other Party and vice versa, even if this is not expressly stated in the Agreement. In this case, the rights and obligations provided for by the Agreement are not exhaustive and the Parties are endowed with other rights and obligations that do not contradict the Agreement and are necessary for its implementation or are provided for by law.

12.5. The Hostel's liability to the User under this Agreement for damages caused to the User is limited to an amount not exceeding 10,000.00 hryvnias (ten thousand hryvnias 00 kopecks).

13. Disputes, disputes or disagreements arising out of this Agreement,

are initially resolved in a pre-trial procedure (CPC of Ukraine, CPC of Ukraine). Only if the disputed issues between the Parties are not resolved in a pre-trial procedure, the Parties may apply to court.

14. Hostel accommodation benefits

The procedure and amounts of providing discounts to Users for temporary accommodation services are determined (changed) by the Hostel unilaterally without additional notice to Users.

16. Rules of conduct for children in nearby areas

Parents (adoptive parents), guardians or persons replacing them are fully responsible for the actions of their minor and underage children on the territory of Emily Resort and during their stay at the Hostel.

17. Notification of the internal notification system in the Hostel in case of an air alarm and the location of the shelter

By signing the registration card, the Guest confirms that he/she has been notified of the Hostel's internal notification system in the event of an air raid and has been informed of the location of the shelter.

LLC "EMILY RESORT"

Director Yulia KOZLOVSKA

FOP YAROSHOVYCH O.I.

 

EMILY RESORT LLC – 79495, Ukraine, 79495, Lviv region, Lviv city, Vynnyky city, BOHDANA KHMELNYTSKOHO, building number 9

Individual entrepreneur Yaroshovych Olha – 82544, Lviv region, Sambir district, village of Ilnyk, Zarinok, Zarinok, house number 2