Public Offer

Individual entrepreneur Larysa Volodymyrivna Shabelnyk, taxpayer ID: 2554418067 (hereinafter — the “Lessor”), provides a person (hereinafter — the “Lessee”) with premises and the adjoining area for the Lessee’s personal use. The terms of use are set out in this Public Offer (hereinafter — the “Offer”).

1.1. Under this Offer, the Lessor transfers and the Lessee accepts for fixed-term paid use the premises (hereinafter — the “Dome”) and the adjoining area (hereinafter — the “Terrace”), located on the roof of the building at: Kyiv, 37D Bakynska Street (hereinafter — the “Venue”).

1.2. The Venue comprises:

• the Dome, 40 m²;
• the Terrace, 120 m²;
• items located in the Dome and on the Terrace intended for the Lessee’s use (the list of such items depends on the option of use selected by the Lessee, as set out on the website cloudrooftop.com).

1.3. Leasing the Venue does not give rise to any ownership right of the Lessee to the Venue. The Lessor remains the owner of the Venue, and the Lessee uses it for the duration of the lease.

1.4. The Parties have agreed that the relationship between the Lessor and the Lessee is governed exclusively by this Offer. Any matters not covered by this Offer are governed by the laws of Ukraine in force at the time such matters arise.

2.1. The Lessor provides the Venue for the Lessee’s personal use. The Lessee may not sublease the Venue to any third parties.

2.2. The Lessee may choose one of the following options of use of the Venue:

• “Morning Date”;
• “Face to Face”;
• “Sky for Two”;
• “Perfect Proposal”;
• “Rooftop Cinema Date”;
• “Celestial Bath”.

The current terms of each of the above options are set out on the website cloudrooftop.com.

2.3. Images of the Venue shown on the website cloudrooftop.com and/or on the Lessor’s social media are illustrations of the Venue at a particular time of year and day, under particular weather conditions and from a particular angle. The Lessee may not raise claims regarding differences between the actual appearance of the Venue and its images on the Lessor’s online resources.

2.4. The Lessee undertakes:

2.4.1. to treat all property comprising the Venue with care and to prevent its damage or deterioration;

2.4.2. to comply with fire safety rules and the rules for using the water supply, heating and electricity;

2.4.3. lighting the fireplace or candles in the Dome without assistance is strictly prohibited;

2.4.4. not to take any action that may damage or spoil the building on whose roof the Venue is located;

2.4.5. upon expiry of the lease term, to notify the Lessor of any damage to or deterioration of property caused by the Lessee during their stay at the Venue;

2.4.6. to notify the Lessor immediately of any faults at the Venue that make the use of any part of the Venue impossible and/or may harm the life and health of persons and/or damage property at the Venue (faults in electricity, water or heat supply; faults caused by natural phenomena, etc.);

2.4.7. in the cases set out in the preceding clause, to provide the Lessor with uninterrupted access to inspect the Venue and to take action related to remedying such faults;

2.4.8. not to use the Venue for any purpose related to any unlawful activity by any person;

2.4.9. all service packages are designed for two persons; for each additional guest the Lessee shall pay UAH 1,000 per person — regardless of how long third parties stay at the Venue;

2.4.10. not to bring animals (of any kind) to the Venue;

2.4.11. to provide truthful information about their own age and the age of persons visiting the Venue together with the Lessee. Only persons aged 18 and over may be present at the Venue;

2.4.12. to observe quiet hours, which apply from 22:00 to 08:00;

2.4.13. food and drinks that cannot damage or stain the furniture, textiles, décor or other surfaces are permitted at the Venue. Products and drinks that leave persistent stains or may damage the property of the Venue are not permitted (in particular red wine, dark juices, coloured soft drinks, etc.);

2.4.14. guests may bring their own food only with the prior consent of the Provider and subject to ordering the additional service “Bring Your Own Food” at a cost of UAH 1,000. This service permits sushi, cheeses, fruit, desserts, white wine and champagne. The Provider reserves the right to refuse consent for particular products if their consumption may damage the property of the Venue or cause discomfort for subsequent guests;

2.4.15. the consumption of spirits with an alcohol content of 35% or more is prohibited at the Venue;

2.4.16. in the Dome, outside products with a strong or persistent odour are not permitted — in particular smoked meats, hot-smoked fish, strongly scented seafood and other similar products that may cause discomfort for guests or leave persistent odours in the premises. This restriction does not apply to dishes and drinks provided or approved by the Provider as part of the selected service package. Smoking tobacco products and using any electronic smoking devices are also prohibited in the Dome. Smoking is permitted only in the designated area on the terrace, which the Provider indicates to the Client;

2.4.17. not to bring to the Venue items withdrawn from or restricted in civil circulation (firearms, gas or bladed weapons; explosive or toxic items and substances, etc.);

2.4.18. not to bring any pyrotechnics to the Venue (firecrackers, fireworks, smoke bombs, confetti, etc.);

2.4.19. not to use narcotic drugs or psychotropic substances;

2.4.20. the Lessor undertakes not to be present at the Venue while the Lessee is there within the time provided for in the Annex, except in the cases set out in clause 2.4.5 of the Offer;

2.4.21. in the event of an air raid alert, all persons present at the Venue must proceed to the nearest shelter. The Lessor is not liable for any harm to the life and health of the Lessee if the latter ignores an air raid alert;

2.4.22. the Lessor is not liable for any harm to the life and health of the Lessee arising from the particular location of the Venue or from other circumstances beyond the Lessor’s control;

2.4.23. outdoor shoes may not be worn at the Venue. Shoes must be removed immediately upon entering the dome. Disposable slippers are provided for guests’ convenience;

2.4.24. moving any large furniture around the Dome is strictly prohibited;

2.4.25. moving any small décor items around the Dome is permitted only with the Administrator’s approval;

2.4.26. any filming or photography containing pornographic content, or intended to create pornographic material, is prohibited. In the event of a breach of this prohibition, the Lessee bears liability under applicable law and undertakes to compensate all possible losses and reputational damage caused to the Lessor;

2.4.27. if you do not wish photos or videos of your event to be published on the website or our social media, please let us know in any convenient way;

2.4.28. two cats live permanently at the venue. If you or any of your guests has an allergy or sensitivity to animals, please let us know in advance. We will do everything possible to make your stay comfortable.

3.1. The Venue may be booked in any way convenient for the Lessee: on the website, via social media, by telephone to the Lessor, in person, etc.

3.2. The rental cost of the Venue depends on the option of use selected by the Lessee, as set out on the website cloudrooftop.com. The rental cost does not include fees charged by banks and/or payment systems on the transaction.

3.3. The Venue is deemed booked once the Lessee has paid a deposit of 50% of the total cost of the selected option of use. The booking deposit is non-refundable in any case.

3.4. By paying the deposit, the Lessee is automatically deemed to have read the text of this Offer and to accept all of its provisions. In doing so, the Lessee also acknowledges that, under the laws of Ukraine, acceptance of this Offer constitutes the conclusion of a contract between the Lessor and the Lessee.

3.5. The Lessee pays the second part of the price on the day before the date. A paid booking cannot be cancelled. Booking payments are non-refundable.

3.6. The chosen booking date and time may be changed once only, no later than 48 hours before the booked date and time.

3.7. If, after confirmation of the booking of the leased object, the Lessee does not use the lease on the specified day and time, the deposit is non-refundable and is applied as a penalty for the Lessee’s failure to perform the terms of this contract. In such case the booking of the leased object is cancelled.

3.8. Rent that has been paid is not subject to cancellation or refund.

3.9. The amount of rent is not reduced due to late arrival or early completion of use of the leased object.

3.10. Where necessary, the Lessee may extend the lease term if this is possible and the leased object is not booked by another Lessee for that period. The minimum extension of the lease term is 30 minutes.

3.11. In the event of force majeure that makes the provision of the service impossible or substantially more difficult, persons who have paid for the stay at the Venue may be offered a change of date and/or time of their stay.

4.1. In the event of a breach of obligations under this Offer, the Parties bear liability in accordance with the applicable laws of Ukraine.

4.2. If the Lessee breaches the obligations set out in Section 2 of this Offer, the Lessee shall compensate the Lessor for the cost of damage caused to the Venue and/or to individual items comprising the Venue and/or to the building on whose roof the Venue is located, in an amount corresponding to the damage caused and confirmed by the Lessor in any manner convenient to the Lessor.

4.3. The Lessor is not liable for early termination of the use of the Venue by the Lessee at the latter’s own will. In such case the funds paid by the Lessee to the Lessor are non-refundable.

5.1. This Offer is drawn up in Ukrainian and is governed by the law of Ukraine.

5.2. All disputes that may arise in connection with this Offer shall be resolved by a competent court in the territory of Ukraine.

5.3. In the event of a breach of the terms of this Offer, the Lessee and the Lessor bear liability in accordance with the provisions of this Offer and/or the laws of Ukraine in force at the time of the breach.

6.1. The current version of the Offer is published at cloudrooftop.com and is available to all Lessees and other persons wishing to rent the Venue.

6.2. The Lessor may unilaterally amend the content of this Offer. A new version of the Offer takes effect from the moment of its publication.