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Public Offer (Agreement) for the Provision of Temporary Accommodation Services

This is a translation provided for convenience only. In case of any discrepancy, the Ukrainian version of this document prevails.

Modern Art Hotel Limited Liability Company, represented by its Director Nataliia Vasylivna Shcherbata, acting on the basis of the Charter (hereinafter referred to as the Contractor, the Hotel), of the one part, and any person who has accepted this offer (hereinafter referred to as the Customer, the Guest), of the other part,

hereinafter the Contractor and the Customer are jointly referred to as the “Parties”, and each separately as a “Party”, have concluded this Public Offer Agreement for the Provision of Temporary Accommodation Services (hereinafter referred to as the “Agreement”) as follows.

This Agreement is public, in accordance with Art. 633 of the Civil Code of Ukraine; its text is posted on the Hotel’s Website, addressed to an unlimited number of persons, and its terms are the same for all Guests.

Email: modern.art.hotel@gmail.com

Phone: +38 (068) 709-99-33

Director of MODERN ART HOTEL LLC _________ N.V. Shcherbata

Concepts and Terms
1. The following terms and concepts are used in this Agreement:
  1. Acceptance – the full, unconditional and unreserved acceptance by the Guest of the terms of the Public Offer and the Rules. The moment of Acceptance is deemed to be the crediting of funds paid by the Guest to the Hotel’s account, and/or the completion (signing) by the Guest of the Registration Card.
  2. Registration Card (Registration Form) – a paper form completed at the Hotel reception prior to the Customer’s check-in, which contains the Guest’s personal data, confirmation of the Guest’s obligation to comply with the Hotel Rules, as well as consent to the processing of their personal data in accordance with applicable law.
  3. Hotel Website – https://modern-arthotel.com/
  4. Contractor (Hotel) – Modern Art Hotel Limited Liability Company, which provides temporary accommodation services at the Modern Art Hotel and related Guest services.
  5. Check-in Date – the date of the Guest’s arrival at the Hotel, from which the period of provision of temporary accommodation services begins.
  6. Check-out Date – the date of the Guest’s departure from the Hotel, on which the Guest is obliged to vacate the Room in accordance with the terms of this Agreement.
  7. Additional Services – services provided to the Guest at the Hotel or by other persons on the Hotel premises in addition to those included in the list of Basic Services, which are ordered and paid for by the Customer (Guests) separately.
  8. Customer (Guest) – a natural person with legal capacity and dispositive capacity, or a legal entity, that has accepted the Agreement, is familiar with the Rules which it undertakes to comply with, and has given consent to the processing of its personal data.
  9. Room – an individually designated, separate furnished space consisting of one or more rooms equipped for temporary accommodation, located within the Hotel Premises and intended for the accommodation of Guests. Rooms may be divided into categories depending on their furnishings, size and other characteristics.
  10. Basic Services – the Contractor’s services that are included in the accommodation price (the Room price) and provided to the Customer under this Agreement.
  11. Official Means of Communication:
  12. Hotel Premises – the premises in which the services are provided, located at the address: Lviv, Shevchenka Ave., building 28.
  13. Hotel Rules – the rules of conduct at the Hotel, which are mandatory for all Guests.
  14. Hotel Staff (Hotel personnel, Hotel administrator) – natural persons who are in an employment relationship with the Contractor or otherwise represent its interests in accordance with the applicable legislation of Ukraine.
  15. Price List – the cost of the services provided by the Contractor, posted on the Hotel’s Website, in respect of Basic Services (the Room price) and Additional Services, as well as the amount of financial (penalty) sanctions in force at the Hotel which may be applied in the event of a breach of the terms of this Agreement, the Hotel Rules and other rules (instructions) in force at the Hotel.
  16. Public Offer (Agreement) – an agreement under which the Contractor undertakes to provide temporary accommodation services to everyone who approaches it, whereby the terms of the agreement are established as identical for all Customers.
General Provisions
1. This Public Offer defines the terms of the agreement in accordance with Art. 633 of the Civil Code of Ukraine and is an official Public Offer, addressed to other persons, to conclude an agreement for the provision of temporary accommodation services (the provision of a Room (place) for temporary accommodation), as well as catering, related and additional services, on the terms set out below.
2. Each Party warrants 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.
3. The text of the Public Offer (Agreement) is posted on the official Hotel Website.
4. The Customer consents to the disclosure to third parties of information arising in connection with the performance of this Public Offer (Agreement) and the Customer’s receipt of services from the Hotel.
Subject of the Agreement
1. The subject of this Agreement is the provision by the Hotel to the Customer, for a fee, of accommodation services, by providing a Room for temporary accommodation at the location of the Hotel Premises (Basic Services) in accordance with the booking order, as well as other services related to temporary accommodation and residence (Additional Services).
2. The Contractor undertakes to provide a set of services at the address of the Hotel Premises: Lviv, Shevchenka Avenue, building 28.
3. The services are provided by the Contractor solely on condition of prior payment of the Room price (Basic Services) by the Customer. Additional Services are ordered and paid for by the Guest separately.
4. The services are provided in accordance with the Hotel Rules and other internal (local) documents of the Hotel.
Procedure for Concluding the Agreement
1. The posting of the text of the Offer on the Hotel Website constitutes the Contractor’s proposal to an unlimited number of natural persons with legal and dispositive capacity and legal entities to conclude the Agreement on the terms set out in the text of the Public Offer.
2. Confirmation of full and unconditional acceptance of the Offer is the performance of any of the actions specified in clause 4.4 of this Agreement, which evidences the Customer’s acceptance of the Public Offer and is equivalent to the conclusion by the Parties of a bilateral written agreement on the terms set out in this Public Offer.
3. The conclusion of this Agreement means that the Customer:
4. has fully familiarized itself with and agrees to the Rules of residence at the Hotel;
5. acknowledges the unconditional suitability of the Hotel premises for satisfying the needs described in this Agreement;
6. accepts all terms of this Agreement without comments or objections.
7. The Customer confirms the fact of acceptance of the Public Offer upon performing any of the following actions, whichever occurs first:
8. payment for temporary accommodation services;
9. the Guest’s direct use of the Hotel’s services (check-in);
10. completion of the Registration Card (Registration Form) at the reception.
11. The Customer undertakes to independently provide (report), upon registration for the receipt of the Hotel’s services, accurate personal data and information that corresponds to reality.
Room Booking Procedure
1. A Room (rooms) is booked by the Customer by submitting a request via the Official Means of Communication, by completing a form on the Hotel Website, or on the Booking.com website.
2. The Customer’s request to book a Room (rooms) for the provision of services must specify:
  1. full name, the date and approximate time of check-in and check-out, and the Check-in Date and Check-out Date;
  2. the type and number of Rooms required (with an unambiguous indication of exactly for whom and exactly which category of Rooms/places is being ordered);
  3. a list of Additional Hotel Services (if necessary);
  4. information about early/late check-in, late check-out;
  5. the presence of children, indicating their age;
  6. the presence of animals;
  7. other information that is important for the provision of temporary accommodation services.
3. The order is deemed accepted and confirmed from the moment the Customer receives, by postal, electronic or telephone communication, confirmation of the booking of the Room (rooms).
4. The booking is valid until 6:00 p.m. on the Check-in Date, after which it may be cancelled by the Hotel without notice to the Guest.
5. In the case of ordering services with early check-in of the Guest, confirmation of the booking of such service is provided by the Hotel 48 hours before the check-in time (2:00 p.m.) of the Check-in Day.
6. In the case of ordering services with late check-out of the Guest, confirmation of the booking of such service is provided by the Hotel 48 hours before the checkout time (12:00 noon) of the Check-out Day.
7. By confirming the booking of a Room at the Hotel, the Guest accepts and agrees to the above terms, including the booking cancellation procedure and the rules applicable in the event of no-show.
8. Booking cancellation: cancellation of a confirmed booking is carried out by sending the Hotel a notice in writing to the email address, or by telephone. Booking cancellation is free of charge (except for special rates that do not provide for a refund of the prepayment). The Customer receives confirmation of the booking cancellation.
9. If, after a booking has been made and/or prepayment has been paid by the Guests, the Hotel introduces promotional price offers for accommodation services (including the sale of “last-minute” offers due to cancelled bookings, booking cancellations, etc.), the cost of services under bookings already made and paid for by the Guests is not subject to reduction, no recalculation of the cost of services already paid for by the Guests is made, and the categories of paid Rooms are not changed.
Procedure for Payment of the Hotel’s Services
1. All prices for Basic and Additional Services are stated in hryvnias. Payment for the provision of temporary accommodation services is made in hryvnias.
2. Payment for temporary accommodation services is made directly at check-in, in full for the entire period of residence. Payment may be made in cash, by credit card, by bank transfer, directly on the Hotel Website, on the official Booking.com website, etc.
3. The Room price does not include the tourist tax.
4. The Hotel’s Basic and Additional Services are provided to the Customer on a paid basis in accordance with the terms of the Agreement and the tariffs/prices specified in the Price List, menu, price tags, price sheets, other informational documentation of the Hotel and/or on the Hotel Website, on the Booking.com website, taking into account the chosen category and type of Room. The tariffs/prices for the Hotel’s services and their list are determined and changed solely at the Hotel’s sole discretion.
5. The right to receive/use the Hotel’s Services is granted after payment for the relevant Services in accordance with the tariffs/prices. The Hotel is entitled to provide the Customer with services without prepayment.
6. Early check-in and late check-out are an Additional Service, which is paid for taking into account the chosen category and type of Room.
7. In the case of residence at the Hotel for less than 1 (one) accounting day, the Customer pays the Room price as for 1 (one) accounting day.
8. In the case of accommodation at the Hotel of children under 12 years of age, no additional charge is made for their residence, including in the case of their residence on an extra bed. Upon the Customer’s prior request, a cot may be provided at no additional charge.
9. Accommodation on an extra bed is possible in Rooms of the “Comfort Plus”, “Deluxe with Balcony” and “Luxe” categories. Accommodation of an adult on an extra bed is an Additional Service subject to payment.
10. From the moment of payment of the invoice issued by the Contractor, the Customer is deemed to have been duly informed of and to have agreed to all the terms of settlement established by this Agreement, in particular, the terms under which the funds paid by the Customer are not refunded by the Contractor.
Procedure for Arranging Temporary Accommodation at the Hotel and Departure from It
1. The check-in procedure at the Hotel is defined as follows: check-in registration at 2:00 p.m. and check-out registration at 12:00 noon on the following day.
2. Check-in of Guests without a prior booking is possible if Rooms are available.
3. Upon check-in at the Hotel, the Customer is obliged to present to the Hotel Staff at the reception a document proving their identity (passport of a citizen of Ukraine, including for travel abroad, passport of a citizen of a foreign state, etc.), as well as to sign the Registration Card completed by the Hotel Staff or by the Guest independently.
4. Upon expiry of the paid period of residence, the Guest is obliged to leave the Room and vacate it of personal belongings and luggage no later than the check-out time of the last paid day of residence, or to pay for an extension of the period of residence in the Room, provided that the said Room has not been booked by third parties.
Procedure for Refusal of Check-in and Eviction of a Guest
1. A Hotel Staff member has the right to check the Guest’s compliance with the rules of residence specified in this Agreement and the Hotel Rules.
2. Grounds for refusal of check-in and for eviction may be:
3. identified breaches of this Agreement and the Hotel Rules;
4. during accommodation at the Hotel, the absence of valid documents proving the Guest’s identity is discovered, and/or the Guest refuses to provide such documents;
5. refusal to make full payment for the provision of temporary accommodation services at check-in;
6. refusal to make full payment for the extension of the provision of temporary accommodation services commencing from the Check-out Date;
7. the Guest being in a state of severe alcoholic and/or narcotic and/or toxic intoxication or under the influence of psychotropic substances;
8. occupancy of the Room by a greater number of persons than provided for by the relevant Room category;
9. aggressive behaviour of the Guest, untidy, dirty appearance;
10. the Guest’s failure to comply with safety requirements, breach of the rules for the use of Hotel property, etc.;
11. breach of public peace and public order rules, unethical and rude treatment of Hotel Staff and other Guests;
12. the storage or bringing in, without the reception’s approval and without the proper permits, of weapons, explosive and flammable, corrosive, poisonous, narcotic substances and other dangerous items and substances;
13. systematic (two or more times) complaints from other Hotel guests about the breach of their rights and freedoms, and in the case of a gross breach, after receipt of the first complaint;
14. the Guest being on the stop list;
15. breach of other requirements of the law;
16. any other reasons determined by the Hotel administration.
17. The Guest is immediately notified orally of the identified breach, indicating the grounds for refusal of check-in or for eviction, if check-in has already taken place.
18. The Guest is given the opportunity to provide a written or oral explanation within 30 minutes.
19. If the Guest’s explanation does not eliminate the grounds for refusal/eviction or the breaches are gross, the Hotel administrator decides to refuse check-in (if the Guest has not yet been checked in) or to evict (if check-in has already taken place).
20. The Hotel Staff member records the decision to refuse check-in or to evict in a Refusal of Check-in Act/Eviction Act, in the form established by the Hotel, indicating the specific grounds and circumstances that caused such a decision and, where necessary, makes audio, photo and/or video recordings.
21. In the event of a decision to refuse check-in or to evict, the Guest is entered on the stop list (blacklist) in order to prevent future accommodation.
22. If the Guest has already checked in and it is discovered that their behaviour or actions create a security threat, breach this Agreement and the Hotel Rules, or cause damage to Hotel property, the Hotel Staff member (administrator) has the right to immediately commence the eviction procedure.
23. The eviction procedure is carried out in accordance with the requirements of applicable law and the terms of this Agreement, whereby the Guest is obliged to return all keys (or cards) received and to make full settlement for the services provided.
24. In the event of the Guest’s refusal to voluntarily vacate the Room (rooms), the Hotel may initiate forced eviction, which may be carried out with the participation of the Hotel’s security guards and, where necessary, with the involvement of police officers.
25. In the event of forced eviction, the funds paid by the Customer for the services provided are not refunded, regardless of whether the services paid for by the Customer were or were not provided by the Contractor.
26. In the event of the Guest’s refusal to make full settlement for the services provided to them, such debt to the Hotel may be recovered out of court or through the courts.
Forgotten and Left Items
1. In the event that forgotten items and/or left items are found, the Hotel immediately notifies the owner of the items (provided that their owner is known).
2. Items forgotten by the Guest in the Room are recorded by an inventory by the Hotel Staff in the Act of Forgotten, Left and Unidentified Items. Forgotten items are stored at the Hotel for six months, after which they are disposed of/destroyed/donated to charity, of which a note is made in the Act of Discovery of Forgotten, Left and Unidentified Items.
3. Forwarding of forgotten items is possible upon written request and at the owner’s expense.
4. Food products forgotten by Guests are subject to disposal in accordance with the procedure established by the Hotel.
5. The Hotel is not liable for money, items or any other valuables lost on the Hotel premises, or for their disappearance for any reason (except in the case where such valuables were handed over to the Hotel for safekeeping).
6. In the event of loss of or damage to items, monetary valuables or other valuables, the Customer is obliged to notify the Contractor of this immediately. If, before the end of the period of residence, the Customer has not notified the Contractor of the loss of or damage to items, monetary valuables or other valuables, such items are deemed not to have been lost or damaged.
Rights and Obligations of Guests
1. Guests have the right to:
  1. use accommodation services and Additional Services in the manner specified in this Agreement and in the Hotel Rules and other Hotel documents;
  2. receive full and accurate information about the hours of access to the Hotel premises, the cost of services provided on the Hotel premises and other necessary information;
  3. contact the Hotel Staff regarding the quality of temporary accommodation services, and leave complaints, reviews and suggestions.
2. Guests are obliged to:
  1. unreservedly comply with the provisions and terms of this Public Offer;
  2. prior to check-in, pay the Hotel in full the cost of all Services provided to the Guest, and in the case of ordering other Basic or Additional Services after check-in, pay the Hotel in full the cost of all Services provided to the Guest prior to check-out;
  3. respect the rights of other Hotel Guests;
  4. comply with moral and ethical norms, refrain from using profanity in the public areas of the Hotel;
  5. comply with the Hotel Rules;
  6. when leaving the Room, close the windows and water taps, and switch off the lights and electrical appliances;
  7. take care of the Hotel’s property, comply with fire safety rules and use the Hotel’s electrical appliances and equipment rationally (economically).
Rights and Obligations of the Hotel
1. The Hotel is obliged to:
  1. provide the Guest with the paid services in a timely manner, with proper quality and in full;
  2. inform the Guest about the services provided on the Hotel premises and the form and procedure for their payment;
  3. ensure the full compliance of the services provided with sanitary and epidemiological norms and rules;
  4. respond in a timely manner to the Guest’s requests relating to the provision of temporary accommodation services, taking measures to remedy malfunctions and breakdowns in the Hotel Rooms in the shortest possible time (in the event that it is impossible to remedy a breakdown or malfunction in the Room, another Room of a category not lower than the one agreed on the day of arrival is provided, subject to availability, or a Room of a higher category);
  5. be responsible for the completeness and serviceability of the equipment in the Room, as well as for the quality of preparation of the Room for check-in.
2. The Hotel has the right to:
  1. enter the Hotel Room to carry out cleaning, change linen, check the water supply and air conditioning systems or remedy defects in their operation, as well as in the event of the Guest’s breach of the provisions of this Public Offer, the Hotel Rules, other internal Hotel documents and the requirements of the law;
  2. enter the Room without the Guest’s consent in the event of smoke, fire or flooding in the Room, as well as in the event of a breach of the applicable Hotel Rules or a breach of the rules for the use of household electrical appliances; in the event that electrical appliances not included in the Room’s furnishings, or candles, are found, the Hotel Staff has the right to remove such items without the Guest’s consent.
  3. upon expiry of the period of the Guest’s residence at the Hotel that was agreed with the reception and paid for 100%, and/or the Guest’s absence from the place of temporary residence for more than 3 hours without payment for services, independently vacate the Room of the Guest’s personal belongings, drawing up an inventory of the property left by the Guest in the Act of Forgotten, Left and Unidentified Items;
  4. in the event that the Guest performs any of the actions provided for in clause 8.2 of this Agreement, call in law enforcement officers to clarify the circumstances and establish the facts of such breaches, and where necessary for forced eviction;
  5. terminate this Agreement early, without refunding the funds paid by the Customer for temporary accommodation, in the cases specified in clause 8.2 of this Agreement, with simultaneous forced eviction from the Hotel where necessary.
Damage, Destruction or Spoilage of Property
1. In the event of loss of or damage, through the Customer’s fault, to property (including towels, bedding, dishes, furniture, various inventory, etc.) located on the Hotel premises, the Guest is obliged, within 3 calendar days but no later than the date of check-out from the Hotel, to compensate for the damage, the amount of which is determined by the Hotel in accordance with the Price List, and in the absence of such prices, by a commission composed of: the administrator, a reception employee and any other Hotel employee, on the basis of transparency and at the market value of the lost or damaged property.
2. The Guest is also liable for damage caused to Hotel property by members of their family and visitors.
3. In the event of the Guest’s refusal to compensate for the damage in full or in part, the Hotel has the right to apply to the court in the manner prescribed by the applicable legislation of Ukraine.
Liability of the Customer for Infringement of the Honour, Dignity and Business Reputation of the Contractor
1. The Customer is liable for posting on the Internet information that infringes the honour, dignity and business reputation of the Contractor, as well as for disseminating in any other manner false or distorted information concerning the Contractor and/or its services.
2. At the Contractor’s request, the Customer is obliged to immediately cease the dissemination of such information and to take action to refute all information that infringes the honour, dignity and business reputation of the Customer, published on any resources and disseminated in any other manner.
3. For the posting by the Customer and/or persons arriving together with the Customer, on the Internet, of information that infringes the honour, dignity and business reputation of the Contractor, as well as for the dissemination in any other manner of false or distorted information concerning the Contractor and/or its services, the Customer undertakes to pay the Contractor a penalty in the amount of 100% (the full cost) of the Contractor’s services ordered under the order placed.
4. In the event that, as at the date of dissemination of the information that infringes the honour, dignity and business reputation of the Customer, the services paid for by the Customer had not yet been provided by the Contractor, the cost of the paid services is not refunded by the Contractor to the Customer.
5. In the event that, as at the date of dissemination of the information that infringes the honour, dignity and business reputation of the Customer, the Contractor had provided the services to the Customer, the Customer, at the Contractor’s request, is obliged to pay the Contractor a penalty in the amount of 100% of the cost of the services provided.
6. The Contractor has the right to apply to the court with a claim for the protection of dignity, honour and business reputation and to demand that the Customer be obliged to pay the penalty sanctions provided for by this Agreement and the applicable legislation of Ukraine.
Accommodation of Animals
1. The terms of admission and accommodation of animals are set out in the Hotel Rules.
Confidentiality and Protection of Personal Data
1. The Hotel observes confidentiality rules. The Hotel may request the Guest’s personal data, which include: the Guest’s surname, first name and patronymic, their contact information, place of residence, date of birth, Check-in Date and Check-out Date, and may also make copies of identity documents.
2. The Parties, taking into account the requirements of the Law of Ukraine “On the Protection of Personal Data”, certify and warrant to each other that any personal data of the Guests (and of such persons to whom accommodation services are provided together with the Guest) that have been or will be transferred by the Customer to the Contractor for the performance of and/or in connection with this Agreement were obtained and are held (processed) by the Contractor lawfully in full compliance with the requirements of the applicable legislation of Ukraine, and the Customer, upon acceptance of this Agreement, is notified of the possibility of the processing of its personal data by the Contractor for the purpose of the proper provision of temporary accommodation services in accordance with this Agreement, within the limits provided for by law, for the period necessary for this, and gives its consent thereto.
3. The Customer, by accepting this Agreement, agrees that its personal data and the data of the persons to whom accommodation services are provided together with the Customer, which have become known to the Contractor in connection with the conclusion of this Agreement, are included in the Contractor’s personal data files. Such personal data may be used to improve the quality of the Hotel’s services and to conduct marketing research. The information may be provided to third parties in exceptional cases provided for by the applicable legislation of Ukraine.
4. By accepting this Agreement, the Customer gives its consent (permission) to the processing of its personal data and the personal data of third parties who will reside together with the Customer in the Room. By concluding this Agreement, the Parties confirm that they have been notified of and informed about their rights in accordance with Art. 8 of the Law of Ukraine “On the Protection of Personal Data”.
Force Majeure
1. The Parties are released from liability for failure to perform obligations under this Agreement if such failure is caused by circumstances of insuperable force (force majeure circumstances) that arose beyond the will and desire of the Parties and that could not have been foreseen or avoided, namely: declared or de facto war, civil unrest, epidemics, embargoes, earthquakes, fires and other natural disasters. The list of force majeure circumstances is not exhaustive and may change in connection with changes in the applicable legislation.
2. The Party for which it has become impossible to perform its assumed obligations as a result of the operation of force majeure circumstances is obliged to notify the other Party in writing without delay of the time of the onset and cessation of these circumstances.
3. The operation of force majeure circumstances must be confirmed by the relevant competent authority.
Liability of the Parties
1. For failure to perform or improper performance of the obligations assumed under this Agreement, the Parties bear liability in accordance with the applicable legislation of Ukraine.
2. In the event of failure to perform or improper performance of obligations by either Party, the injured Party has the right to demand compensation for the damages caused.
Other Terms
1. The Parties warrant to each other that they have all the rights and powers necessary and sufficient to conclude and perform this Agreement in accordance with its terms.
2. The Hotel is not liable for the content and veracity of the information provided by the Guest upon conclusion of the Agreement and its Annexes. The Guest bears full responsibility for the accuracy of the information specified upon conclusion of the Agreement and its Annexes.
3. The Parties undertake to keep confidential the information obtained as a result of the performance of this Agreement, except in cases where this is authorized by the other Party or in accordance with the applicable legislation of Ukraine. For the disclosure of confidential information, the Parties bear liability in accordance with the applicable legislation of Ukraine.
4. This Agreement is deemed agreed by the Customer and concluded at the location of the Hotel Premises as from the date of its acceptance by the Customer. The Agreement is valid until the Parties have fully performed their obligations under this Agreement.
5. The expiry of the term of this Agreement does not release the Parties from liability for breaches thereof that occurred during the term of this Agreement.
6. The Parties have agreed that this Agreement as a whole and any part thereof corresponds to the free expression of the will of the Parties.
7. This Agreement may be terminated by the Contractor in the cases provided for by this Agreement and applicable law, as well as by mutual consent of the Parties. Notwithstanding the other provisions of this Agreement, the Parties have agreed that the Contractor has the right, on its own initiative and unilaterally, to terminate this Agreement at any time.
8. Complaints and applications from Guests are considered by the Hotel in accordance with the applicable legislation of Ukraine.
9. Matters not regulated by this Agreement are governed by the applicable legislation of Ukraine.