Public offer

1.1. AnyTrain Service (Service) — the website anytrain.com.ua, the AnyTrain mobile apps for iOS and Android, and other official channels of the Provider through which services under the Agreement are provided.

1.2. Carrier — JSC Ukrzaliznytsia (Ukrainian Railways) and other carriers whose travel documents are issued through the Service.

1.3. Customer — a natural person with full legal capacity who has accepted the Agreement and orders services for themselves and/or other Passengers.

1.4. Passenger — the person in whose name a travel document is issued.

1.5. Travel document — an electronic travel document (ticket) or other Carrier document giving the right to travel or carry luggage, issued in the Carrier’s system.

1.6. Order — travel documents and additional services issued in a single request of the Customer under a unique number.

1.7. Reservation — temporary holding of seats in the Carrier’s system pending payment of the Order, for the period shown to the Customer during checkout.

1.8. Service fee — the Provider’s remuneration for the booking service, shown to the Customer before payment.

1.9. Auto-purchase — a service that automatically searches for, reserves and pays for travel documents according to parameters set by the Customer, using a linked payment card.

1.10. Personal account — the section of the Service available after the Customer confirms their phone number or email.

1.11. Payment service — the payment service provider through which the Customer pays (in particular, WayForPay).

1.12. Close relatives and family members — a spouse, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister, grandparents, great-grandparents, grandchildren, great-grandchildren, an adoptive parent or adopted child, a guardian or custodian, or a person under the Customer’s guardianship or custody.

1.13. Suspicious activity — actions showing signs of speculation in travel documents, fraud or abuse of the Service, in particular:

Booking travel documents for close relatives and family members is not Suspicious activity, including when the Customer is abroad and uses a foreign phone number, payment card or IP address.

1.14. Identity confirmation — confirmation by the Customer of their full name and taxpayer registration number (RNOKPP) using the Diia.Signature (Diia ID) service.

2.1. The Provider acts as an authorised agent of JSC Ukrzaliznytsia for the sale of travel documents on behalf and at the expense of the Carrier under an agency agreement, in accordance with clause 12 of the Procedure for Serving Citizens by Rail approved by Cabinet of Ministers Resolution No. 252 of 19 March 1997. Travel documents are issued in the Carrier’s automated system. The Provider is not a carrier and does not provide transportation services.

2.2. The contract of carriage is concluded between the Passenger and the Carrier when the travel document is issued. Conditions of carriage, fares, boarding, refunds and changes of travel documents are governed by the Rules for the Carriage of Passengers, Luggage, Parcels and Mail by Rail Transport of Ukraine, other legislation and the Carrier’s rules. The texts of the Rules of Carriage (Order of the Ministry of Transport and Communications of Ukraine No. 1196 of 27 December 2006) and the Procedure for Serving Citizens by Rail (Cabinet of Ministers Resolution No. 252 of 19 March 1997) are available on the official web portal of the Verkhovna Rada of Ukraine.

2.3. The Carrier is responsible for the quality, schedule and performance of carriage, train composition, car and seat numbering, and decisions to cancel or change a service.

2.4. The Provider applies in the Service the Carrier’s requirements for preventing speculation in travel documents and abuse, including limits on the number of travel documents, user identification and account blocking. The Carrier may sell certain trains, cars or fares only subject to electronic identification (including Diia.Pidpys) or only through its own sales channels; such travel documents may be unavailable in the Service.

3.1. For a fee, the Provider provides the Customer with the following services:

3.2. The Provider’s service is deemed fully provided when the travel document is issued in the Carrier’s system.

4.1. Any of the following actions constitutes acceptance of the offer: ticking the box confirming agreement, pressing the payment button, confirming a phone number to sign in to the Personal account, or enabling Auto-purchase. Upon acceptance, the Agreement is concluded in electronic form and has the same legal force as a written agreement. The fact of acceptance and the version of the Agreement are recorded under clause 17.4.

4.2. By accepting the Agreement, the Customer confirms that they are at least 18 years old and have full legal capacity, are lawfully entitled to use the payment instrument, and have read the Agreement, the Privacy Policy and the Carrier’s rules.

4.3. When ordering travel documents for other persons, the Customer confirms that they act on their behalf and with their consent, are entitled to transfer their personal data, and have informed them of the Agreement and the rules of carriage. The Customer is responsible for having such authority.

4.4. The Service’s electronic logs, payment transaction data, and emails and messages sent to the Customer’s contacts constitute proper evidence of the Parties’ actions.

4.5. By placing each Order, the Customer accepts the version of the Agreement and the Privacy Policy in force when the Order is placed.

5.1. Information on trains, seats and prices is provided in real time based on the Carrier’s data. The final price of the Order is shown to the Customer before payment.

5.2. Before paying, the Customer must check the Order details: stations, date, train, car, seats, Passenger names, travel document type, discounts and additional services.

5.3. A Reservation is valid for the period shown by the timer during checkout. After it expires, the Carrier cancels the Reservation automatically and the seats may be sold to others.

5.4. A travel document is deemed issued upon the Carrier’s confirmation. After issue, it is shown in the Personal account and sent to the email provided by the Customer, if any. The Provider’s obligation to deliver the travel document is fulfilled once it is shown in the Personal account or sent to the address provided.

5.5. No more than 4 travel documents may be issued in one Order. The number of simultaneous Reservations, active Auto-purchase requests and other actions may be limited by the Service or the Carrier; the current limits are shown during checkout. Five or more travel documents for one group are issued upon a separate request to the Provider or through a group order with the Carrier under clause 13 of Procedure No. 252.

5.6. For discounted and child travel documents, the Passenger must carry documents confirming entitlement or age. The consequences of not having them are determined by the Carrier’s rules.

5.7. If, due to a technical failure in the Service, an obviously incorrect price is shown, the Provider may decline to issue the Order at that price. If payment has already been made and no travel document has been issued, the money is refunded to the Customer in full.

6.1. The Order price consists of the price of travel documents and additional services at the Carrier’s fares plus the Provider’s Service fee. All amounts are in Ukrainian hryvnias.

6.2. Payment is made through the Payment service in accordance with its rules. The Provider does not receive or store full payment card details. Any fees charged by the Customer’s card issuer are borne by the Customer.

6.9. The Service fee is payment for a booking service actually provided. Once a travel document has been issued, the Service fee is not refunded in the event of a voluntary refund of the travel document, a no-show, or an error in the details entered by the Customer. If a travel document is refunded due to the Carrier’s fault (in particular, a train cancellation), the Provider refunds the Service fee together with the money refunded by the Carrier.

6.10. The Provider may change the Service fee. A new amount applies only to Orders placed after it is shown in the Service.

6.11. If the Customer disputes with their bank a payment for an issued travel document for which the service was properly provided, the Provider will submit evidence of the service and of the Customer’s acceptance of the Agreement to the payment system, may initiate a refund of the travel document under the Carrier’s rules to avoid double receipt of funds, and may claim from the Customer documented costs caused by an unfounded dispute.

6.12. Funds credited to the Customer by mistake or received by the Customer twice for the same Order must be returned to the Provider.

7.1. Refunds, changes and exchanges of travel documents are made under the Carrier’s rules in force at the time of the request. Deadlines, deductions and the refundable amount are determined by the Carrier.

7.2. A refund may be requested through the Service within the limits of clauses 6.4–6.5 or directly at the Carrier’s ticket offices. The refund method does not affect the Provider’s entitlement to the Service fee for the service provided.

7.3. Money for a refunded travel document is returned only after the Carrier confirms it, and only to the payment instrument used for payment.

7.4. If the Carrier cancels a train or changes a service, the Provider assists the Customer with the refund, but the amount of compensation and the payment procedure are determined by the Carrier.

8.1. Enabling Auto-purchase is the Customer’s instruction to the Provider to find, reserve and pay for travel documents according to the Customer’s parameters: route, date or acceptable date range, train, car class, placement, number of seats, Passengers, maximum price per seat and total budget, and search deadline.

8.2. For Auto-purchase, the Customer links a payment card through the Payment service. The Customer authorises the Provider to charge the linked card without separate confirmation of each transaction, provided that the amount does not exceed the set budget. Linking a card may involve a small verification transaction that is reversed.

8.3. A charge is made only after a successful Reservation of seats matching the Customer’s parameters. A charge within the set parameters is a transaction initiated with the Customer’s prior consent; this consent, the Auto-purchase parameters and the activity log are stored and provided to the payment system if the payment is disputed. The Customer is notified of every charge with the Order details.

8.4. The Provider does not guarantee that tickets will be found. Seat availability depends solely on the Carrier. The search ends no later than 30 minutes before departure or at the deadline set by the Customer.

8.5. The Customer may change the parameters or disable Auto-purchase in the Personal account at any time before a charge. Travel documents issued via Auto-purchase are refunded under the general terms of Sections 6 and 7.

8.6. The Customer is responsible for sufficient funds and validity of the linked card. If a charge fails, the Reservation is cancelled and Auto-purchase may be suspended.

8.7. The Provider may suspend or terminate Auto-purchase in case of suspected fraud, breach of the Agreement, or restrictions imposed by the Carrier or the Payment service, and will notify the Customer.

9.1. Timetables, station boards, delays, arrival forecasts, track and platform numbers, car layouts and other reference information are provided based on the Carrier’s data and open sources for the Customer’s convenience and may change without notice.

9.2. The Passenger must check final information on departure, track and boarding at the station and in the Carrier’s announcements. The Provider is not liable for decisions made solely on the basis of reference information, including missing a train.

9.3. Links to third-party websites and services are provided for convenience. The Provider is not responsible for their content or operation.

10.1. The Customer must:

10.2. The Customer must not: engage in Suspicious activity; use automated means (bots, scripts, scrapers) to access the Service or collect data; create Reservations without intending to pay for them; advertise, offer for sale or resell travel documents; use Auto-purchase to buy travel documents for resale; create several Personal accounts to bypass limits; use other people’s payment instruments; decompile the apps or use the Service’s API outside its interface; interfere with the operation of the Service.

11.1. The Provider may:

11.2. In case of Suspicious activity or another breach of clause 10.2, the Provider may block the Customer’s Personal account and any linked Personal accounts, phone numbers, payment instruments and devices. Re-registration by a blocked person, including with a different phone number, is grounds for blocking again. On blocking, unpaid Reservations are cancelled, Auto-purchase stops and the linked card is unlinked. The Customer is notified of the blocking and its general reason at the contacts in the Personal account. Money for travel documents that were not issued is refunded under Section 6.

11.3. Issued travel documents remain valid unless the Carrier decides to cancel them. If the Carrier cancels travel documents because the Customer breached the Agreement or the Carrier’s rules, the Customer receives the amount refunded by the Carrier; the Service fee for the booking service already provided is not refunded.

11.4. The Customer may request unblocking at info@anytrain.com.ua and provide documents confirming that the Passengers are the Customer’s close relatives or family members, or other explanations. A Provider employee reviews the request within 14 calendar days. By providing documents, the Customer warrants that the persons concerned have consented to the transfer of their personal data. If the blocking proves to be mistaken, access is restored.

11.5. Restrictions and blocking on the grounds set out in clauses 11.1–11.2 apply equally to all Customers in the same circumstances. Refusing service to a person whose access is blocked results from that person’s breach of the Agreement and is not a refusal to enter into a public contract.

11.6. The Provider may request Identity confirmation: where the Carrier’s rules require it for certain coaches or seats; where there are signs of Suspicious activity; when Auto-purchase is enabled. Where the Carrier requires Identity confirmation, the relevant travel document is not issued without it. In other cases, the Provider may limit Reservations or Auto-purchase until confirmation. A Customer who cannot use Diia.Signature may contact info@anytrain.com.ua for another verification method.

12.1. The Provider is liable only for the proper provision of its own services under the Agreement.

12.2. The Provider is not liable for: actions and decisions of the Carrier, including delays, cancellations or changes of service, replacement of a car or seat, or denied boarding; consequences of inaccurate data provided by the Customer; failures of communication networks, email, banks and Payment services; consequences of the Customer sharing access to the Personal account; inability to use a travel document for reasons beyond the Provider’s control.

12.3. If the Provider breaches the Agreement, the Customer’s direct, documented losses are compensated. The Provider’s liability per Order does not exceed the amount actually paid by the Customer for that Order. Lost profit is not compensated.

12.4. The Customer shall compensate the Provider for documented losses caused by breach of clauses 4.3 and 10.1–10.2, including amounts paid by the Provider to the Carrier and sanctions or deductions applied to the Provider by the Carrier or the Payment service because of the Customer’s actions, chargeback fees, and losses from the use of other people’s payment instruments or automated access.

12.5. The limitations in this Section apply to the extent permitted by law and do not restrict the Customer’s rights that cannot be limited by contract under the law.

13.1. The Parties are released from liability for failure to perform obligations caused by force majeure, including martial law, hostilities, air raid alerts, power outages, cyberattacks, decisions of public authorities, and failures of the Carrier’s or Payment services’ systems.

13.2. No additional confirmation is required for commonly known circumstances.

14.1. The software, design, car layouts, texts, databases and other elements of the Service belong to the Provider or are used by it lawfully. Copying, automated collection, reproduction or commercial use without the Provider’s written consent is prohibited. It is prohibited to use the AnyTrain name, logo and other designations to offer ticket-purchasing services, to create copies of the Service or to decompile its apps.

14.2. The Customer is granted a limited, non-exclusive, free, non-transferable and revocable right to use the AnyTrain mobile apps for personal, non-commercial purposes on devices the Customer owns or controls, in accordance with the rules of the app stores (App Store, Google Play).

14.3. The parties to the Agreement are only the Customer and the Provider. Apple Inc., Google LLC and their affiliates are not parties to the Agreement and are not responsible for the AnyTrain apps, their support, legal compliance, claims relating to them or infringement of third-party intellectual property rights. The Provider is responsible for the apps within the Agreement.

14.4. Apple Inc. and its subsidiaries are third-party beneficiaries of this Section with respect to the iOS app and may enforce it.

15.1. Personal data is processed in accordance with the Privacy Policy, which forms an integral part of the Agreement.

15.2. The Customer agrees to receive service notifications about Orders, Reservations, refunds, Auto-purchase and security by email, phone (SMS), in the app and through other channels. Service notifications are part of the service and are not advertising.

15.3. The Provider may send the Customer informational and marketing messages about its services by email, in the app and by push notification: new features and changes to the Service, ticket sale openings, routes, timetables, offers and promotions. The Customer can opt out of such messages at any time via the link in the email, in the Personal account or in the app settings; opting out does not apply to service notifications under clause 15.2. Marketing SMS and messenger messages are sent only with the Customer’s consent.

15.4. Notices sent to the phone number, email or app specified in the Personal account are deemed received by the Customer on the day they are sent. The Customer must keep these contacts up to date.

15.5. To prevent speculation in travel documents and fraud and to comply with the Carrier’s requirements, the Provider shares with the Carrier Order data and technical data related to Suspicious activity, and with the Payment service the data needed to handle disputed payments, as set out in the Privacy Policy.

15.6. During Identity confirmation, the Provider receives the Customer’s full name and RNOKPP from SE «DIIA» as set out in the Privacy Policy.

16.1. Requests regarding an Order should be sent to info@anytrain.com.ua with the Order number. Requests are handled based on the details provided at checkout; if they are not enough to identify the Order, the Provider may ask for additional information. The Provider considers a request within 14 calendar days, or up to 30 calendar days if a query to the Carrier or the Payment service is needed.

16.2. The Parties resolve disputes through negotiation and, failing agreement, in court in accordance with the laws of Ukraine.

16.3. The Agreement is governed by the laws of Ukraine.

17.1. The Provider may amend the Agreement by publishing a new dated version in the Service. The new version applies to Orders placed after its publication.

17.2. Earlier Orders are performed under the version in force when they were placed. For active Auto-purchase, the new version applies after the Customer is notified; continuing Auto-purchase after notification means acceptance of it.

17.3. If the Customer breaches clause 10.2, the Provider may unilaterally withdraw from the Agreement with that Customer by notice under clause 15.4. Issued travel documents are subject to clause 11.3; money for travel documents not issued is refunded under Section 6.

17.4. Each version of the Agreement and the Privacy Policy is dated. The Provider keeps records of the Customer’s acceptance of the documents: the version, date and time, channel (website or app), IP address, device identifier and, for Orders, the Order number. On request, the Provider gives the Customer these records and the text of the version the Customer accepted.

18.1. The Agreement is valid indefinitely until withdrawn by the Provider.

18.2. The Agreement is published in Ukrainian. Translations into other languages are provided for convenience. In case of discrepancies, the Ukrainian text prevails.

18.3. The invalidity of any provision does not affect the validity of the remaining provisions.

18.4. Legal entities and individual entrepreneurs are served under a separate agreement.

18.5. Booking travel documents for a specific date relates to carriage within a set period; therefore the right to withdraw from a distance contract applies subject to the exceptions established by consumer protection law and in the manner set out in Sections 6 and 7.

18.6. Prices in the Service include taxes where applicable.

18.7. The Provider may transfer its rights and obligations under the Agreement to a successor, provided that the terms of the Agreement are preserved for the Customer.

18.8. The Provider’s failure to exercise a right under the Agreement does not constitute a waiver of that right.

18.9. Sections 6, 7, 12, 14 and 16 continue to apply after termination of the Agreement to obligations that arose before termination.

19.1. Sky Digital Lab LLC (TOV «Skai Didzhytal Lab»), EDRPOU code 40906769.

19.2. Address: 3 Denysa Monastyrskoho St., building 37, Kyiv, 03035, Ukraine.

19.3. Email: info@anytrain.com.ua

19.4. Phone: +38 (096) 718-01-28