Contents
Definitions and terms
General provisions
Subject of the Agreement
Procedure for ordering
Terms of payment and provision of the Contractor's services
Term of the Agreement
Liability of the Parties
Force Majeure
Dispute resolution procedure
Miscellaneous

PUBLIC SERVICE AGREEMENT

NIBULON Ltd. proposes to conclude a service agreement on the terms and conditions and in the manner set forth below. In order to receive the service, the Customer accepts the terms of this offer to conclude a service agreement on the following terms.

1. Definitions and terms
  1. Acceptance means the Customer’s full and unconditional response to the Contractor’s proposal to conclude the Agreement on the terms specified in the public offer by placing an Order and paying for the ordered Services, which indicates acceptance of the terms of the public offer.
  2. Hand luggage is cargo with dimensions not exceeding 30x30x50 cm and a weight of
    8 kg.
  3. Baggage means a piece of cargo that exceeds the size of hand luggage, but whose dimensions do not exceed 50x50x30 cm and a weight of 20 kg, which is transported by water transport at a price, a certain route and schedule, which are posted on the website.
  4. Contractor is NIBULON Ltd.

    (registered office: 1 Kabotazhnyi Spusk, Mykolaiv, 54002, Ukraine,

    postal address: 9-B Falieievska St., Mykolaiv, 54030, Ukraine,

    EDRPOU code – 14291113,

    IBAN UA173223130000026001000009580 at JSC «UKREXIMBANK»,

    MFI – 322313, TIN – 142911114015,

    Tel.: +38 (0512) 58-04-04, fax:+38 (0512) 54-04-05, email: mail@nibulon.ua).

  5. The Customer is any legally capable individual who has ordered services from the Contractor under the terms of this public agreement.
  6. Service means a service for the transportation of passengers and baggage by water transport determined by the Contractor at a price, a certain route and schedule, which are posted on the website.
  7. Public agreement means this transaction for the provision and receipt of services, which establishes the same conditions for all Customers for the provision of these services on the terms and conditions of a public offer from the moment of its acceptance by the Customer (hereinafter referred to as the «Agreement»).
  8. Public offer means an offer of the Contractor addressed to any individual in accordance with Article 641 of the Civil Code of Ukraine to enter into an agreement with them, as contained in the public offer.
  9. Website – the Contractor’s website on the internet, available at:
    https://www.nibulon.com/.
  10. Parties – the Customer of the Services on one side, and the Service Provider on the other side.
2. General provisions
  1. This Agreement is a public agreement, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all Customers.
  2. The provisions of this offer define all the essential terms of the contract and are the same for all Customers.
  3. This Agreement shall be concluded by giving the full and unconditional consent (acceptance) of the Customer to enter into the Agreement in full, without signing a written copy of the Agreement by the Parties. Confirmation of the full and unconditional acceptance of the public offer is the placement of an order and payment for the Services, which indicates the acceptance of the public offer.
  4. By concluding the Agreement (i.e. by accepting the terms of this Offer by placing an Order and making payment for the Services), the Customer confirms the following:

    a) the Customer agrees to the full and unconditional acceptance of the provisions of this Agreement;

    б) in the event of acceptance (placing an order and subsequent payment for services), the Customer gives the Contractor its consent to the collection, processing, storage, use of its personal data within the meaning of the Law of Ukraine No. 2297-VI “On Personal Data Protection” dated June 1, 2010.

    The Customer authorizes the collection, processing, storage, and use of its personal data on the terms and conditions specified by the Law of Ukraine «On Personal Data Protection». The permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Customer confirms that they have been notified (without additional notice) of the rights established by the Law of Ukraine «On Personal Data Protection», of the purposes of data collection, and that their personal data is transferred to the Contractor in order to fulfill the terms and conditions of this Agreement, to make mutual settlements, and to receive invoices, acts, and other documents. The Customer also agrees that the Contractor shall have the right to provide access to and transfer their personal data to third parties without any additional notifications to the Customer, without changing the purpose of personal data processing. The scope of the Customer’s rights as a subject of personal data in accordance with the Law of Ukraine «On Personal Data Protection» is known and understood by the Customer.

    If the Customer provides personal data of other persons when placing the Order, the Customer hereby confirms that they have previously received the appropriate permission from them for the transfer, indefinite storage, use, and processing of their data by the Contractor.

3. Subject of the Agreement
  1. The Contractor shall provide the Services by its own water transport, and the Customer shall accept these terms and conditions and pay for these Services. The Customer is entitled to receive the services from the moment the funds are credited to the Contractor’s account.
  2. By accepting the terms and conditions of the Agreement, the Customer confirms that they have carefully read all the clauses of this Agreement and the information published on the website, in particular:

    with the rules of transportation of passengers and baggage by water via the website at the following link:
    https://www.nibulon.com/data/poslugi/pasazhirski-perevezennya/pravila-perevezennya.html;

    with the location of berths via the website at the following link:
    https://www.nibulon.com/data/poslugi/pasazhirski-perevezennya/misceznaxodzhennya-prichaliv-tov-sp-nibulon.html;

    with the latest information available at:
    https://www.nibulon.com/news/ogoloshennya.html.

4. Procedure for ordering
  1. The Customer shall place an order independently via the website.
  2. To place an order, the Customer selects the date and time of the Service, specifies the email address to which the boarding document of the prescribed form will be sent, indicates the mobile phone number for communication, determines the number of pieces of baggage, and pays for the service.
5. Terms of payment and provision of the Contractor's services
  1. The current prices for the Services as of the date of the order are indicated on the website at the following link:
    https://www.nibulon.com/data/poslugi/pasazhirski-perevezennya/vartist-proizdu.html.
  2. Payment for the Services shall be made by bank transfer via the following electronic service: https://tickets.nibulon.com/. The acquiring bank or other financial institution that issued the payment instrument or is the operator of the payment system used by the Customer to make the payment shall be responsible for the safety and security of the payment instrument data, as well as for the payment. Payment by bank transfer is considered to be made at the moment of crediting funds to the Contractor’s account and receipt by the Customer of an electronic confirmation of the transaction from the payment system operator, subject to further crediting (receipt) of funds, in the amount of the cost of the selected Service by the Customer.
  3. Confirmation of payment for the Service – sending by the Contractor to the Customer to the given email a boarding document for the Service paid by the Customer.
  4. Upon payment and receipt of the boarding document, the Contractor and the Customer shall enter into the Service Agreement. The Customer can receive such Service by presenting a valid boarding document to the Contractor at the ticket control. In case the Customer transfers their boarding document to a third party, such person shall acquire all the rights and obligations of the Customer under this Agreement and in accordance with the received boarding document. In this case, the Customer shall lose the right to receive services under such boarding document.
  5. The document confirming the Customer’s right to receive the Service is the boarding document.
  6. The ticket is valid until the end of the Service.
  7. The Customer shall present a valid boarding document for ticket control.

    7.1 A boarding document that was purchased from the Contractor is considered valid, provided that it has not been used (redeemed) by anyone before the Customer passes the control, or if it is not canceled and returned to free sale. Thus, in order to prevent the possibility of using the acquired boarding document by an unauthorized person, the Customer shall prevent the transfer of information about the boarding document or the information printed on it to third parties.

    7.2 The boarding document shall be a single-use document in bearer form and shall expire after ticket control. he Customer shall independently take all necessary measures to restrict the access of third parties to the boarding document, a printed copy of the boarding document, email to which the Customer receives the boarding document, or any other media on which the Customer stores the purchased boarding document.

    7.3 The Customer shall be responsible for all possible risks for the consequences of the loss of the boarding document and/or failure to take appropriate measures for the safe storage of the boarding document on the storage media, including the risk of refusal to provide the Services if the boarding document is presented by another person before the Customer presents it.

  8. The Contractor is obliged to ensure the provision of the Service and admission of the Customer who will present a boarding document (a printed copy of the boarding document) to receive the Service. The boarding document received via email from the Contractor shall be considered valid, provided that the boarding document is not used by a third party before the Customer passes the control, or if it is not canceled and returned by the Customer to the Contractor.
  9. he Customer is entitled to carry one Hand Baggage, which shall be placed under the Customer’s seat. The maximum dimensions and weight of the baggage shall not exceed the characteristics of the Baggage specified in this Agreement. Full payment is made for each additional Baggage, subject to availability of space.
  10. The Customer is entitled to transport one child under the age of 6 years free of charge per ticket, without the right to occupy a separate seat.
  11. The ticket price for children over 6 years old is paid in full, with the provision of a separate seat.
  12. Children under 14 years of age unaccompanied by adults are not allowed to board the vessel.
  13. A Customer under the influence of alcohol or drugs is not allowed to board the vessel.
  14. It is allowed to carry 5 (five) military combatants on a passenger vessel free of charge per voyage upon presentation of the combatant’s documentation.
  15. During the quarantine and quarantine restrictions, passengers who have purchased a boarding document are allowed on board the passenger vessel only in personal protective equipment, namely a protective mask.

    Passengers not wearing a protective mask will not be allowed to board the vessel. In this case, the money paid for the Service will not be refunded to the Customer.

  16. In the event of termination of the Agreement / cancellation of the Service order at the initiative of the Customer more than 24 hours before the start of the Service, 100% of the cost of the Service paid by the Customer shall be refunded to the Customer.
  17. In the event of termination of the Agreement / cancellation of the Service order at the initiative of the Customer less than 24 hours before the start of the Service, the money paid for the Service shall not be refunded to the Customer.

    In the event of delay or absence of the Customer at the place (point of departure) specified during the order, the boarding document shall not be refunded or exchanged, and the Contractor shall not be obliged to compensate the Customer for the cost of the boarding document.

    Applications for loss of the boarding document are not accepted, the Contractor is not obliged to provide the Services to the Customers who cannot present a valid boarding document.

  18. In the event of impossibility to provide the Services, the Contractor shall refund the full amount to the Customer.
6. Term of the Agreement
  1. The Agreement shall be considered concluded from the moment of placing the order and confirming the payment for the services and shall be valid for the entire period of the Customer’s stay on the Contractor’s water transport.
  2. The public offer comes into force from the moment it is posted on the website and is valid until withdrawn by the Contractor.
  3. The Contractor reserves the right to amend the terms and conditions of the Agreement at any time at its sole discretion.
  4. In case the Contractor amends the Agreement, such amendments shall enter into force from the moment the amended text of the Agreement is posted on the website, unless another term for the entry into force of the amendments is additionally specified in such posting.
  5. The Agreement can be terminated:
    5.1 at any time by agreement of the Parties;

    5.2 at the initiative of one of the Parties in the event of violation of the terms and conditions of the Agreement by the other Party with written notice to the other Party. In this case, the Agreement shall be deemed terminated upon receipt by the Party that has violated the terms and conditions
    of the Agreement of a written notice from the other Party;

    5.3 at the initiative of one of the Parties upon written notice to the other Party 10 (ten) calendar days prior to the date of termination of the Agreement.

7. Liability of the Parties
  1. The Parties shall be liable for violation of the terms and conditions of the Agreement as set forth in the Agreement and/or the current legislation of Ukraine.
  2. The Customer shall notify the Contractor at the place of service provision of any claims to the quality of service and the facts of failure to provide services.
  3. The Contractor is not responsible for the safety and integrity of the Customer’s hand luggage and personal belongings in the cabin.
  4. The Contractor is not responsible for the loss or theft of cash, jewelry, passports, valuable documents, or any other valuables in the cabin.
  5. The Contractor is not responsible for any losses incurred by the Customer as a result of the actions of third parties.
8. Force Majeure
  1. The Parties shall be released from liability for partial, complete non-fulfillment or improper fulfillment of obligations under this Agreement if the non-fulfillment or improper fulfillment of obligations is a consequence of force majeure, that is, extraordinary and unavoidable circumstances that the Parties could neither foresee nor prevent their occurrence (force majeure), namely: fires, floods, earthquakes, strikes, riots, rebellion, wars, actions of public authorities, and other circumstances that make it impossible for the Parties to fulfill their obligations, and if such circumstances directly affected the fulfillment of the Parties’ obligations under the Agreement.
  2. In the event of force majeure during the term of this Agreement, the fulfillment of obligations under this Agreement shall be postponed for the duration of the force majeure.
  3. The Party that cannot fulfill its obligations under the Agreement shall immediately, but not later than 3 (three) calendar days after the occurrence of force majeure, notify the other Party in writing.
  4. A document issued by the regional Chamber of Commerce and Industry shall serve as proof of the occurrence and duration of force majeure.
9. Dispute resolution procedure
  1. All disputes and disagreements related to the Agreement shall be resolved by the Parties through negotiations.
  2. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction and cognisance of such dispute in accordance with the current legislation of Ukraine.
10. Miscellaneous
  1. The Contractor is a payer of income tax on general grounds.
  2. The Parties shall be governed by the laws of Ukraine in all matters not provided for in this Agreement.”
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Best Employer of the Year in the Socially Responsible Employer nomination
Issued by

All-Ukrainian Public Organization “Taxpayers Association of Ukraine”

Certifications

ISO 14001:2015

Year

2017, 2019

Андрій Вадатурський

CEO

Андрій Вадатурський став генеральним директором «НІБУЛОНу» після понад 15 років роботи в компанії — в липні 2022 року.

Він прийняв цю посаду після трагічної загибелі свого батька та засновника «НІБУЛОНу» Олексія Вадатурського разом із матір’ю Раїсою Вадатурською під час російського ракетного удару по їхньому дому в Миколаєві.

З 2014 до 2019 рік був народним депутатом України від одномандатного округу в Миколаївській області та членом Комітету з питань аграрної політики. У 2017 році створив і очолив велику міжпартійну групу, яка виступала за розвиток українських річок як транспортного засобу.  

Має ступінь магістра електротехніки Українського державного морського технічного університету та ступінь магістра економіки промисловості Лондонської школи економіки. У 2009 році за вагомий внесок у розвиток агропромислового комплексу України був нагороджений Президентом України, йому присвоєно звання «Заслужений працівник сільського господарства».

Одружений, має трьох дітей.

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