Pursuant to Article 395 of the Civil Code of the Republic of Kazakhstan, this document is an offer (public offer)
Please read the text of the Offer carefully, and if you do not agree with any clause, Step2Travel1 LLP offers to refuse from acceptance of the Offer.
If you have any questions, feel free to contact us at the following phone numbers:
+7 705 819 98 99, +7 707 809 60 40
or to the hotline number +7 705 118 60 57, which is available round the clock
PUBLIC OFFER
This document is an offer (public offer) (hereinafter - the Offer) sent by Step2Travel1 LLP, represented by the Director, Ms. Kurmangazina A., acting pursuant to the Articles of Association (hereinafter - the Travel Agent) to the general public interested in purchasing a Tourist Product (hereinafter - the Tourist/Tourists), to conclude the Tourist Service Agreement on the terms and conditions specified below (hereinafter - the Agreement).
Terms and definitions used in the Offer:
Terms and definitions used in this offer shall be construed and used in accordance with the following meanings:
Public Offer/Offer – advertising and other offers addressed to the general public to conclude an agreement, sent online via social networks and messengers, containing all material terms and conditions of the agreement, whereby it is evident that the person making the offer has the will to conclude an agreement on the terms and conditions specified in the offer with anyone who responds.
Acceptance of the Offer/Acceptance – the response of the person to whom the offer is addressed about its full and unconditional acceptance.
Parties (Party) a term referring simultaneously/collectively and/or separately to the Tourist and the Travel Agent.
Tourist Service Agreement – an agreement of the Parties, all the material terms of which are stated in this Offer, hereinafter unconditionally accepted by the tourist in its entirety by means of its acceptance.
Tourist/Tourists – a natural person visiting a country (place) of temporary stay for a period from twenty-four hours to one year and spending at least one night in it for recreational, cognitive, professional-business, sports, religious and other purposes without engaging in paid activity and being a consumer of a Tourist Product and having concluded an agreement with the Travel Agent on the terms and in the manner stipulated by the Agreement.
Customer – a natural person who orders a Tourist Product in favor of the Tourist and makes payment for the purchased Tourist Product to the Travel Agent.
Tourist and Customer in the ordering of a Tourist Product may not be the same person. For the purposes of identification as a Tourist, as a party to the Agreement, which acquires the relevant rights and obligations, the Tourist concept used in the Law On Tourism Activities in the Republic of Kazakhstan dated June 13, 2001 N 211 and in the Agreement shall be applied.
Tourist Product (hereinafter - the Tourist Product) – a set of tourist services sufficient to meet the needs of the Tourist during the trip, created by the Tour Operator.
Tourist Services – services necessary to meet the needs of the tourist, provided during and in connection with his/her trip (accommodation, transportation, meals, excursions, services of tourism instructors, guides (guides-interpreters)), and other services stipulated in the agreement on tourist services, provided depending on the purpose of the trip.
Air Ticket/Itinerary Receipt – a document certifying the Tourist’s right to use the opportunity to travel on flights included in the Tour Operator’s tour.
Tour - a set of tourist services including travel along a specific route within a specific time frame.
Travel Agent - a legal entity engaged in entrepreneurial activities for the promotion and marketing of the tourist product created by the Tour Operator.
Tour Operator - a legal entity licensed to carry out tourist operator activities, to create, promote and market its tourist products to travel agents and tourists, including the promotion and marketing of a tourist product created by a non-resident of the Republic of Kazakhstan.
Carrier - a legal entity, airline or other transport company with which the Tour Operator concludes an agreement for the transportation of passengers and their luggage and which has assumed the obligation to transport the Tourist from the point of departure to the point of destination under the agreement of transportation by rail/air/road and/or other means of transport.
Insurer – an insurance company with which the Tour Operator has an agreement for the rendering of tourist insurance services, licensed to carry out insurance activities in the general insurance or life insurance industry, which is obliged to make an insurance payment to the insured (beneficiary) in the event of an insured event within the amount (sum insured) specified in the agreement.
Certificate of Insurance – a document certifying the existence of valid insurance coverage in respect of the Tourist and containing information on the conditions of insurance coverage for the insurance risks accepted for insurance, issued by the Tour Operator in confirmation of the concluded insurance agreement (insurance policy) for each Tourist.
Tourist Package (Voucher) – a document confirming the right of the Tourist or a group of Tourists to the Tourist Services included in the tour and confirming the fact of their payment.
Accommodation Facility - any facilities that provide occasional or regular overnight accommodation for tourists.
SNGL – single room
DBL – double room
TRPL – triple room
Extra bed – extra bed
Land View room – land view room
Sea View room – sea view room
Side Sea View room – side sea view room
Mountain View room – mountain view room
Ocean / Ocean facing View room – ocean view room
STD – standard room
Superior – superior room
Duplex – duplex room
Family room – family room
Junior Suite – junior suite
Suite – suite/luxury
Deluxe – deluxe
ROH – run of the house
BB – bed and breakfast
HB – half board
FB – full board
All Inclusive – all inclusive
Transfer – airport-hotel-airport/hotel-hotel transportation support
Main Building – accommodation in the main building
Bungalow (Club room, Villa) – accommodation in separate buildings on the territory of the hotel
The Agreement may use terms that are not defined by the above-mentioned concepts and definitions. If so, the term shall be interpreted in accordance with the text of the Agreement.
1. TERMS OF THE OFFER
1.1. This Public Offer contains all material terms and conditions of the Agreement and shall be sent to the Tourist/Customer by electronic document via messengers and/or e-mail.
1.2. Acceptance of the Offer is full payment of the Tourist Product by the Tourist/Customer.
1.3. The Parties have agreed and confirm that the terms Offer/Public Offer and Agreement within the framework of this Agreement shall be equal to each other.
1.4. The Agreement shall be deemed concluded from the moment of its acceptance and shall remain in force until the Parties fulfill all their obligations thereunder.
1.5. This Offer defines the procedure for sale of the Tourist Product to the Tourists and applies to all types of Tourist Services included in the Tourist Product.
1.6. Addresses and details of the Tourist/s are specified in the Agreement and its appendices.
2. THE SCOPE OF THE AGREEMENT
2.1. In accordance with the terms and conditions of the Agreement, the Travel Agent shall sell to the Tourist the Tourist Product, the full list and consumer properties of which are specified in Appendix 1 (hereinafter - the Tour Program) to the Agreement, which is provided to the Tourist in electronic form after booking the Tourist Product, and the Tourist undertakes to pay for the Tourist Product in full amount.
2.2. The Agreement shall be deemed concluded from the moment of receipt of full payment for the Tourist Product on the settlement account of the Travel Agent.
2.3. Within the framework of this Agreement, the Travel Agent shall perform legal and actual actions on the basis of the agency agreement concluded between the Tour Operator and the Travel Agent.
2.4. The Customer, paying for the Tourist Product under the Agreement, if the Customer of the Tourist Product and the Tourist, i.e. the direct consumer of the Tourist Product according to the terms and conditions of the Agreement, are not the same person, confirms that it acts on behalf and in the interests of the Tourist on a legal basis and has the rights and bears the obligations of the Tourist assigned to it by the Agreement, until the issuance of the boarding pass by the airline to the Tourist, is recognized as a Party to the Agreement and remains so until the issuance of the boarding pass to the Tourist by the airline.
2.5. By concluding the Agreement, the Tourist/Customer agrees to the collection and processing of personal data of the Tourist in accordance with the regulations of the current legislation.
3. PROCEDURE FOR RENDERING SERVICES. PRICE AND PAYMENT RULES
3.1. Tourist Services under this Agreement are included in the Tourist Product and are directly provided to the Tourist by third parties - Tour Operator, Carrier, hotel or other accommodation facility, Insurer and other persons rendering the services included in the Tourist Product.
The Travel Agent provides agency services for the selection, booking of the Tourist Product, acceptance of funds from the Tourist for payment of the cost of the Tourist Product, as well as provides reliable information about the composition and characteristics of the services included in the Tourist Product.
3.2. The Customer/Tourist undertakes to pay for the Tourist Product in the manner and within the terms specified in the Agreement and to receive documents certifying the Tourist’s right to the Tourist Product.
3.3. The Tourist Product shall be deemed paid for from the moment the full payment for the Tourist Product is received on the settlement account of the Travel Agent.
3.4. The cost of the Tourist Product shall be determined on the basis of prices and tariffs established by the Tour Operator. The cost of the Tourist Product shall be paid in the national currency of the Republic of Kazakhstan - KZT.
The actual cost of the Tourist Product at the time of payment shall be specified and confirmed by the Travel Agent.
3.5. By conducting business correspondence with the Travel Agent via messengers, e-mail, the Tourist selects the Tourist Product and provides the Travel Agent with the following mandatory information necessary for booking the Tourist Product: Full name, IIN, Date of birth, Cell phone number, Passport number, Passport validity dates, Address and e-mail.
In addition to the above, the Tourist shall provide the following information:
- the timing and itinerary of the trip;
- name and category of accommodation facility, number of rooms to be booked with indication of room categories; terms of stay;
- type of meal;
- the need to include in the Tourist Product the services of transportation of the tourist;
- other conditions and information related to the Tourist Product or the wishes of the Tourist.
After that, the Travel Agent shall issue an invoice for payment, and the Tourist shall immediately pay it in cash or non-cash transfer to the settlement account of the Travel Agent in the amount of the invoice for payment.
Upon agreement with the Travel Agent, payment may be made by prepayment in the amount of 10 (ten) % (percent) of the cost of the Tourist Product and higher.
The Tour Program regulates the procedure and terms of payment.
After that, the Travel Agent sends a request to the Tour Operator to confirm the booking of the Tourist Product.
3.6. If the payment for the Tourist Product within 1 (one) calendar day from the date of issuing an invoice for payment by the Tour Operator is not made or is made partially, the booking shall be deemed canceled, and in case of additional payment the Customer/Tourist shall create a new reservation and make payment or additional payment for the cost of the Tourist Product.
3.7. The Customer/Tourist is informed that in case of increase in the cost of the Tourist Product due to objective reasons, such as: increase in the cost of transportation by the carrier (including, but not limited to, increase in the cost of air transportation, increase in transportation tariffs), a significant change in foreign exchange rates, the Travel Agent has the right to offer the Tourist to proportionally increase the price of the Tourist Product, and the Tourist undertakes to make an additional payment at the time of issuing an additional invoice for payment by the Travel Agent.
3.8. The booking is made no later than 3 (three) business days from the date of payment of the invoice by the Tourist, and the Tourist is aware and agrees that the final time of booking depends entirely on the time of confirmation of such booking by the Tour Operator.
The fact of confirmation of the Tourist Product booking when there are less than 5 (five) calendar days before the tour start date depends entirely on the time of confirmation of such booking by the Tour Operator and payment for such Tourist Product shall be made in the amount of 100% (one hundred percent) of the cost of the Tourist Product at the time of issuing an invoice for payment by the Travel Agent.
3.9. Upon receipt by the Travel Agent of 100% (one hundred percent) payment for the Tourist Product from the Tourist and confirmation by the Tour Operator of receipt of such payment and confirmation of the booking from the Tour Operator, the Travel Agent shall deliver the following package of documents to the Tourist: Tourist voucher (which contains information on hotel accommodation, meals, transfers), air ticket or itinerary receipt, Tourist's handbook (if available), Insurance certificate or insurance policy (on request), documents necessary for entry into the country of stay, if they are part of the Tourist Product.
The Tourist receives the package of documents in the office of the Travel Agent or electronically via messengers, e-mail, etc.
3.10. If the booking of the Tourist’s chosen Tourist Product cannot be confirmed and the Tourist refuses from alternative options offered by the Tour Operator and the Travel Agent, the Tourist shall the right to demand a full or partial refund of the money paid to the Travel Agent, subject to reimbursement to the Travel Agent of the losses and expenses actually incurred by the Travel Agent until the Tourist sends such a request. This request shall be made in writing in any form or by sending a message via messengers, the refund shall be made by the Travel Agent within 3 (three) banking days.
3.11. When the Tourist books group tours, corporate arrivals, bookings over 5 (five) rooms, special conditions of payment and cancellation of such booking shall be specified in the Tour Program.
3.12. When booking cruise, dynamic tours, payment is made in the amount of 100% (one hundred percent) of the cost of the Tourist Product at the time of issuing an invoice for payment by the Travel Agent.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Travel Agent shall be obliged to:
4.1.1. Do not change, add or exclude Tourist Services from the Tourist Product without the direct involvement of the Tour Operator.
4.1.2. Inform the Tourist of the necessary and reliable information about the consumer properties of the Tourist Product - about the program of stay, itinerary and travel conditions, including information about accommodation facilities, accommodation (location of the accommodation facility, its category) and catering, transportation services in the country (place) of temporary stay, about the availability of a guide and/or guide-interpreter and/or instructor-guide, as well as additional services, about the rules of stay on the route, about the rules of entry to the country (place) of temporary stay and exit from the country (place) of temporary stay, including information about the need for a visa to enter the country and (or) exit from the country of temporary stay, about the basic documents required to enter the country (place) of temporary stay and exit from the country (place) of temporary stay, about the dangers that the Tourist (excursionist) may encounter when traveling, about customs, border, medical, sanitary-epidemiological and other rules (to the extent necessary for the travel), location, postal addresses and contact telephone numbers of state authorities of the Republic of Kazakhstan, diplomatic missions and consular offices of the Republic of Kazakhstan, located in the country (place) of temporary stay, to which the Tourist (excursionist) may apply in case of emergencies or other circumstances, threatening the safety of his/her life and health, as well as in cases of danger of harm to the Tourist's (excursionist's) property, the address (place of stay) and contact telephone number in the country (place) of temporary stay of the head of the group of minor tourists (excursionists) in case the Tourist Product includes an arranged departure of a group of minor tourists (excursionists) unaccompanied by parents, adoptive parents, guardians or custodians, on national and religious peculiarities of the country (place) of temporary stay, on other peculiarities of the trip (within the framework of the information received from the Tour Operator, otherwise the Travel Agent shall not be responsible for the completeness of the information provided to the Tourist within the framework of the marketed Tourist Product).
4.1.3. Hand over to the Tourist the documents certifying the Tourist's right to receive the services included in the Tour Product, prior to the immediate start of the trip, which include: a) a ticket or an electronic transportation document (itinerary-receipt of an electronic ticket (extract from an automated system containing information on transportation)), confirming the right of the Tourist to transportation to the destination and back, issued on the basis of the Tourist's data provided by the Customer/Tourist; b) a document of booking for the Tourist and receipt of a place in a hotel or other accommodation facility (accommodation voucher); c) a document on booking services for the Tourist for transportation from the train station/airport of arrival to the hotel or other place of accommodation and/or for transportation from the hotel or other place of accommodation to the train station/airport (transfer voucher); d) insurance certificate, insurance medical policy in case if the legislation of the country (place) of temporary stay establishes requirements for availability of guarantees of payment for medical assistance to persons temporarily staying on its territory; e) tourist handbook (provided that it is received from the Tour Operator, otherwise the Travel Agent shall not be responsible for the completeness of the information provided to the Tourist within the framework of the marketed Tourist Product), documents required to enter the country of stay, if they are part of the Tourist Product.
The documents specified in sub-clauses b and c may be issued in one document (voucher). The specific list of documents handed over to the Customer or the Tourist depends on the services included in the Tourist Product purchased by the Tourist.
4.1.4. Warn the Tourist about the need to submit visa documents on time.
If the Tourist violates this deadline, the Travel Agent shall not be liable for the late receipt of the visa. The Tourist in this case shall bear all actual expenses at his/her own expense.
4.1.5. In case of changes in the circumstances stipulated by the Agreement and the need for a substantial change in the terms and conditions of the Agreement, within 1 (one) business day from the date of receipt of information from the Tour Operator about the occurrence of such changes, inform the Tourist of the nature of such changes and the possible consequences thereof.
4.1.6. Before the immediate departure of the aircraft or ground transportation (if transportation services are included in the Tour), the Tour Operator and/or the third party carrying out the transportation of the Tourist shall check with the Tour Operator and/or the third party carrying out the transportation of the Tourist the time of flight/departure, including information about the delay, cancellation of the flight/departure, change of the time of flight/departure, and on the basis of the information received from the Tour Operator and/or the Carrier, shall inform the Tourist of the time of flight/departure, information about the delay/cancellation of the flight/departure, change of the time of flight/departure.
The Travel Agent shall not be responsible for the reliability and accuracy of this information, as it is not a person who directly provides these transportation services within the framework of the provided Tourist Services.
4.1.7. Take necessary measures to ensure the security of information about the Customer/Tourist personal data received from the Customer/Tourist in the execution of the Agreement, including their processing and use.
4.1.8. Render services to the Tourist under this Agreement, either independently or with the involvement of third parties on whom the Tour Operator entrusts the fulfillment of part or all of its obligations to the Tourist.
4.2. The Travel Agent shall have the right to:
4.2.1. Refuse to fulfill the Agreement on condition that the money paid by the Tourist under the Agreement is returned, except in cases when it is due to the fault of the Customer/Tourist.
4.2.2. Suspend the fulfillment of obligations under this Agreement, since the fulfillment of obligations by the Tour Agent is counter to the fulfillment of obligations by the Tourist, in case of violation by the Customer/Tourist of the payment procedure established by the Agreement, as well as in cases of failure or untimely submission by the Tourist of information and documents necessary for the fulfillment of the Agreement or violation by the Customer of other obligations set forth in this Agreement.
4.2.3. With the consent of the Tourist, process and transfer the Tourist’s personal data to the Tour Operator and other third parties directly providing Tourist Services.
4.2.4. Provide the Tourist with additional information about the Tourist Product and other advisory services.
4.2.5. At the Customer /Tourist request, send to the Tour Operator a request for changes to the Tourist Product.
4.2.6. Demand from the Tourist the payment of penalties/fines on a regressive basis, if such an obligation to pay penalties/fines arises for the Travel Agent to the Tour Operator and other third parties directly providing Tourist Services, because of unlawful and other actions violating the terms of this Agreement, committed by the Tourist.
4.2.7. In exceptional cases (death or serious illness of the Tourist, and (or) lack of communication with the Tourist), the Travel Agent shall be entitled (but not obliged) to accept applications for amendment or termination of the Agreement from the Tourists specified in the Agreement or from other persons, including (but not limited to) relatives of the Tourist.
4.2.8. Clarify any information, send other notices related to the fulfillment of obligations under the Agreement by the Parties, as well as respond to incoming correspondence from the Tourist in connection with the fulfillment of obligations under the Agreement by the Parties only during the business hours of the Travel Agent from 10:00 to 19:00 according to the time of Almaty.
4.3. The Tourist shall be obliged to:
4.3.1. Pay for the Tourist Product in full and on time, in accordance with the terms and conditions of this Agreement.
4.3.2. Provide the Travel Agent with a valid passport (for all departing persons), other documents necessary for visa issuance, as well as fulfill all requirements and conditions imposed by the Consulates / Embassies / foreign countries, which are specified on the website of the relevant consulate (embassy) of the foreign country, in a timely manner, in accordance with the requirements of the Consulates / Embassies / foreign countries. In case the Consulate (Embassy) of a foreign country makes a requirement to undergo an interview, the Tourist shall personally appear at the Consulate / Embassy to undergo an interview or other formalities (dactyloscopy, etc.) in the terms specified in such requirement.
4.3.3. Arrive at the airport (train station) in time to pass border or passport control, customs control independently. Change of travel dates shall be possible if the Tour Operator or the Carrier makes the change of dates.
The Tourist shall confirm by signing this Agreement that he/she is informed that the Travel Agent is not responsible for the Tourist's ignorance of the rules of passing the border or passport control, customs control at the airports of any country, cities, as well as for the Tourist’s inability to navigate at the airports of any country, cities.
Inform the Travel Agent in advance in writing and/or via messengers in case the Tourist plans to check-in in the evening or at night, or arrive later than the time or date originally indicated in the documents.
The Tourist shall be informed that in some accommodation facilities, despite the possibility to check-in at night, it is necessary to make a call to the administrator of the accommodation facility or to the Tour Operator or to contact the service provider in another way. In case of any emergencies, the Tourist shall immediately contact the Tour Agent and/or the Tour Operator in writing and/or via messengers.
By concluding the Agreement, the Tourist shall confirm his/her awareness that check-in for international flights starts 3 (three) hours before the time of departure indicated in the Ticket, boarding ends 1 (one) hour before departure.
By concluding the Agreement, the Tourist shall confirm receipt of information about the telephone numbers of the accommodation facility and the procedure of check-in to the accommodation facility.
4.3.4. Pay the entry visa in the country of stay and airport taxes, if they were not paid when purchasing the Tourist Product.
4.3.5. Comply with customs and border regulations, laws and local customs of the country of stay, hotel rules and other recommendations and instructions provided by the Tour Operator when concluding this Agreement, as well as those received from the representatives of the Tour Operator/Tour Agent in the territory of the country of temporary stay.
4.3.6. Ensure the execution of a notarized consent and/or power of attorney for the departure of a minor Tourist in accordance with the current legislation of the Republic of Kazakhstan outside the Republic of Kazakhstan, in the case of departure of a minor child unaccompanied by at least one of the parents, as well as to ensure the availability of a separate passport for a minor child on a mandatory basis.
4.3.7. Check the time of departure at least 24 (twenty-four) hours before the beginning of the trip either with the Travel Agent or on the relevant official website of the Carrier.
In case of non-fulfillment of the above requirements, the Tourist shall be liable for negative consequences
The Tourist shall be informed that check-in for the flight is conducted only at the check-in counter at the airport, i.e. without the possibility of online check-in.
The Tourist shall be informed that additional baggage is only checked in at the airport check-in desk.
The Tourist shall be informed that transportation of the Tourist at any stage of the trip may be carried out by any airline flight, regardless of airline indicated in the ticket and the Tourist shall be obliged at all stages of the trip to notify the Travel Agent regarding flight, airline of the Tourist(s).
Otherwise, the Tourist shall be solely responsible for the consequences of such non-notification.
4.3.8. Provide the Tour Operator with his/her contact information necessary for efficient communication. The Tourist shall keep the means of communication specified in the Agreement switched on and have regular access to them, check the receipt of information from the Travel Agent, if the Tourist is unclear about the information received, he/she shall immediately contact the Travel Agent for clarification.
4.3.9. Within the term set by the Travel Agent, provide the Travel Agent with a package of documents necessary for fulfillment of the Agreement and (or) requested verbally and (or) in writing. The Tourist shall be notified of the specific package of required documents and the deadline for their submission at the conclusion of the Agreement verbally and (or) in writing, including by notifying the Travel Agent via messengers at the number provided by the Tourist for communication purposes. The Tourist shall be obliged to provide documents and information in other terms, including shorter terms, depending on the conditions of a particular trip.
The Tourist shall confirm receipt of the relevant information by concluding this Agreement and performing any actions for the implementation of the Agreement.
4.3.10. If the Passport of the Tourist is changed/replaced, the Tourist shall notify the Travel Agent of such change/replacement at least 5 (five) calendar days prior to departure.
4.3.11. The Tourist shall be obliged to vacate the accommodation facility (place) on the last day of stay before the estimated hour, pay the bills for the services provided in the accommodation facility and not included in the Tourist Product.
In case the Tourist/Tourists vacate the room later than the estimated hour (as well as check-in to the room earlier than the estimated hour), the administration of the accommodation facility (place) shall have the right to demand from the Tourist/Tourists additional payment, often in the amount of the cost of a full day of accommodation in the accommodation facility (place) regardless of the time actually spent in the room of the accommodation facility (place) before/after the estimated hour.
The beginning and end of the trip shall be defined by the departure dates of the respective flights. The timing of the accommodation service shall not be expressed in hours and minutes.
By entering into the Agreement, the Tourist hereby acknowledges his/her awareness and consent to the fact that at any time the construction, engineering work may begin, communications and equipment may be erected or placed, stores, restaurants, discos, parking lots, other businesses and activities, lighting masts, pedestrian, road, railroads, etc. may be placed in the immediate vicinity of the hotel or other accommodation facility (place), as a result of which undesirable noise, visual, scent, vibratory effects, etc. may occur. These phenomena are outside the competence of the Travel Agent or Tour Operator and they shall not be liable for these circumstances.
4.3.12. The Tourist shall be obliged to get informed about the characteristics and main consumer properties of the purchased Tourist Product, namely: information about the accommodation facility (hotel, apartments, other), the cost of Tourist Services and other information.
4.3.13. Provide contact details of the family members of the Tourist(s) for notification of an emergency incident involving the Tourist(s) from the date of the Agreement conclusion.
4.3.14. Inform the Travel Agent about circumstances preventing the rendering of services or requiring special conditions of service for the Tourist within the framework of the Tourist services, in correspondence with the Travel Agent via messengers at the time of selection of the Tourist Product.
The Travel Agent shall inform the Tourist that the circumstances preventing the rendering of services or requiring special conditions of service for the Tourist, including, but not limited to, include:
- various diseases of the Tourist and related medical contraindications (including in relation to different types of movement, changing climatic conditions, peculiarities of national cuisine, the use of medicines, etc.);
- past conflict situations with government agencies, including a ban on entry to a certain state or group of countries; - past refusals to issue entry visas, deportation from any country, any other circumstances that may affect the provision of services under the Agreement;
- restrictions on the right to leave the Republic of Kazakhstan imposed by the Ministry of Justice of the Republic of Kazakhstan or other competent authorities. The Tourist shall independently verify the absence of debts, as well as the absence of a ban on travel outside the Republic of Kazakhstan from the Tourist through specialized websites (The Travel Agent has no duties and powers to verify the existence of such debts and prohibitions and does not bear any responsibility in case of non-compliance with this obligation by the Tourist);
- the foreign citizenship of the Tourist, the established visa regime between the country of departure and the country of which the Tourist is a citizen, if he/she is not a Kazakhstani citizen;
- the need for a Tourist to obtain special permits or approvals from third parties or competent authorities, including: consent for the child to travel abroad, obtaining a child's own passport, permission to export weapons, permission to export an animal, permission to export art treasures and other permits, and approvals;
- the lack of vaccination required for Tourists to enter the country (place) of temporary stay and (or) for the consumption of Tourist or other services, or an insufficient period from the date of such vaccination;
- the lack of results of PCR testing of an established form or QR code for Tourists;
- other circumstances objectively preventing the rendering of services that the Tourist knew or should have known about when concluding the Agreement.
The Tourist shall notify the Travel Agent of the presence of the above and any other circumstances that may affect the performance of the Agreement or become an obstacle to the performance of the Agreement, as well as any other individual, non-standard, specific wishes for the booked Tourist Product.
If the Tourist has not notified the Travel Agent in writing and/or via messengers at the conclusion of the Agreement, it shall be assumed that the Tourist/Tourists have no circumstances preventing from making a trip, including the circumstances listed in this clause, which is confirmed by the Tourist by concluding this Agreement without a written indication of the existence of circumstances preventing the trip.
Booking and rendering of services that meet the individual requirements of a Tourist, which differ from the requirements usually imposed on Tourist Products, shall be carried out if it is possible and economically feasible to render such services.
If it is impossible to render services due to the failure of the Tourist to fulfill the above obligations to provide information about the circumstances preventing the rendering of services requiring special conditions of service or about the individual wishes of the Tourist, the services shall be deemed not rendered due to the fault of the Tourist with the application of the obligation to reimburse the Travel Agent for the expenses of the Travel Agent and the Tour Operator.
4.3.15. Comply with the rules for the carriage of passengers, hand luggage and baggage established by the Carrier, as well as transport charters, codes and relevant by-laws.
4.3.16. Comply with the rules of departure from the Republic of Kazakhstan and entry into the Republic of Kazakhstan, the rules of entry into the country (place) of temporary stay, exit from the country (place) of temporary stay, as well as comply with these rules in transit countries. Ensure the availability of necessary travel outside the Republic of Kazakhstan and entry into the territory of the country of temporary stay and transit countries (including, but not limited to the above – consent for the departure of minor tourists, foreign passports with sufficient validity, with the necessary marks, visas, blank pages).
4.3.17. Leave the country of temporary stay in a timely manner in accordance with the conditions of travel and the issued visa.
4.3.18. Treat the property of third parties with due care and prudence, comply with the rules for the use of such property established by third parties, and do not harm the property of third parties.
4.3.19. Comply with the legislation of the country (place) of temporary residence; respect its social structure, customs, traditions, religious beliefs.
4.3.20. Comply with generally accepted rules of conduct, as well as comply with the rules of conduct adopted in the country (place) of temporary stay.
4.3.21. Preserve the environment; take care of the monuments of nature, history and culture in the country (place) of temporary residence.
4.3.22. Accept a change of hotel if the class of service of the previously paid category is maintained and the tour dates are met, without reimbursement and/or refund of the paid money for the Tourist Services under the Agreement, if the Tourist Services cannot be confirmed.
4.3.23. If the Tourist refuses this Agreement, return to the Travel Agent the Voucher, insurance certificate (insurance policy) and other documents entitling the Tourist (there) to receive Tourist Services under the Agreement.
4.3.24. Reimburse the Travel Agent for the actual expenses incurred by the Travel Agent for the services rendered under this Agreement, in case of cancellation of this Agreement or when changing the Tourist Product (according to clause 6 of Article 17 of the Law of the Republic of Kazakhstan On Tourism Activities in the Republic of Kazakhstan).
4.3.25. Send a written notification to the Travel Agent or via messengers in case of refusal to fulfill the Agreement. The date of refusal and, as a result, cancellation of the trip shall be the date of confirmation by the Travel Agent of the relevant application from the Tourist for cancellation of the trip. The Travel Agent shall have the right not to accept cancellations on non–business days and holidays or during business hours - in this case, the notification of cancellation shall be deemed received by the Travel Agent on the following business day during business hours.
4.3.26. Clarify any information, send other notifications related to the fulfillment of obligations by the Parties under the Agreement only during the business hours of the Travel Agent from 10:00 to 19:00 of Almaty time, otherwise, as well as in the case of messages and calls to the Travel Agent by the Tourist/Customer on holidays and non-business days and hours, the Travel Agent reserves the right to answer calls and messages in messengers on the next business day of the Travel Agent.
4.4. The Tourist shall have the right to:
4.4.1. The Customer/Tourist shall have the right to request the Travel Agent to make changes to the Tourist Product 1.5 (one and a half) hours before the end of check-in.
4.4.2. The Customer/Tourist shall have the right to request the Travel Agent to make changes to the Tourist Product 1.5 (one and a half) hours before the end of check-in.
At the same time, the Customer confirms that if, as a result of making such changes, the Tourist, as a party to the Agreement, changes, the responsibility in case of any claims on the part of the Tourist for the degree of informing the Tourist about any of the provisions of the Agreement, shall lie entirely with the Customer.
The Tour Operator informs the Customer/Tourist that any changes to the Travel Product shall be possible only after confirmation of such changes.
4.4.3. Obtain the information on the rules of entry into the country (place) of temporary stay, as well as departure from the country (place) of temporary stay and stay there, the specifics of the legislation of the country (place) of temporary stay, the customs of the local population, religious rituals, shrines, monuments of nature, history, culture and other tourist attractions located under special protection, the state of the environment and other information necessary for a Tourist to exercise his/her right to use the services included in the Tourist Product.
4.4.4. Demand a refund of the paid funds under the Agreement due to the Travel Agent's failure to comply with the terms of the Agreement in accordance with the procedure established by the legislation of the Republic of Kazakhstan and the terms of this Agreement.
4.4.5. Refuse to fulfill the Agreement before the trip, subject to payment to the Travel Agent of the expenses actually incurred by the Travel Agent and the Tour Operator, however, the refund of funds paid by the Tourist under the Agreement shall not be carried out, except in cases provided for in clause 3.10 of this Agreement.
4.4.6. Exercise other rights defined by the legislation of the Republic of Kazakhstan and the country (place) of stay.
5. RESPONSIBILITY OF THE PARTIES
5.1. In case of non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the current legislation of the Republic of Kazakhstan and the terms of this Agreement.
5.2. In cases where the actual fulfillment of the Tourist’s obligations to pay for Tourist Products under the Agreement is carried out by the Customer, such non-fulfillment or violation of the fulfillment of the obligation shall be considered as a violation or non-fulfillment committed by the Tourist himself/herself, and may also be considered as a violation or non-fulfillment committed by the Customer as a Party to the Agreement in accordance with clause 1.5. of the Agreement.
If the Tourist, the direct and final consumer of the Air ticket, has any claims due to his/her lack of information about any of the clauses of the Agreement, the Customer shall be liable to the Tourist.
5.3. In case of impossibility of execution of the Agreement, which arose due to the fault of the Tourist, Tourist Services shall be paid in full.
5.4. In case of impossibility to fulfill the Agreement caused by the fault of the Tourist due to the absence of an entry/exit visa, passport with the required validity period, notarized consent and/or power of attorney for the export of a minor Tourist in accordance with the current legislation of the Republic of Kazakhstan outside the Republic of Kazakhstan, in case of departure of a minor child unaccompanied by at least one from the parents, as well as an independent passport for a minor child, and violations of other border and customs formalities by the Tourist, the Agreement shall be subject to termination, in addition, the Tourist shall have consequences in the form of a fine in the amount of a fine imposed by the Tour Operator on the Travel Agent in a retrogressive manner.
5.5. The Travel Agent shall not be responsible for the actions of the Customer aimed at reselling the Tourist Services included in the Tourist Product and/or its parts to third parties.
5.6. By concluding this Agreement, the Tourist confirms that he/she is informed and agrees that the arrangement of Tourist transportation within the framework of Tourist Services shall be carried out using the tariffs of the Tour Operator and the cost of the Ticket shall not be refunded.
5.7. In case of refusal of the Tourist from the ordered Tourist Product for the dates of the trip falling on the Peak Season or the period of the Early Booking Promotion according to the tariffs of the Tour Operator, the Tourist shall pay the Travel Agent a fine in the amount of the full cost of the declared Tour. Non-payment and/or late payment for the declared and/or booked Tour shall not be a reason for refusing to pay the fine.
5.8. The Travel Agent shall not be responsible for the replacement by the Tour Operator of the services included in the Tourist Product (including the replacement of the accommodation facility, carrier, and aircraft type) with similar services. In the event of any deviations from the terms of Tourist Services agreed in the Agreement in a situation where the Tourist(s) used these services (did not refuse them), such services shall be deemed agreed upon by the Parties, as well as rendered by the Travel Agent in a proper manner and received by the Tourist(s).
5.9. The Travel Agent shall not be responsible for any changes made by the Tour Operator or the requirements imposed. Any claims related to a change in the terms of the Agreement by the Tour Operator may be sent by the Tourist to the Travel Agent within 7 (seven) business days after the end of the trip, with the attachment of supporting documents for further transmission by the Travel Agent of such a claim directly to the Tour Operator. However, the Travel Agent shall not be liable for such claims.
5.10. If Tourist / Customer under this Agreement provides information, including information about the contact details of the family members of the Tourist / Tourists for notification of an emergency incident with the Tourist / Tourists, untrue, false, distorted, incomplete, erroneous information, the failure to provide and / or late provision of such information to the Tour Agent, the responsibility for negative consequences shall arise solely to the Tourist / Customer.
5.11. The Customer/Tourist, by concluding this Agreement and performing any actions to fulfill the Agreement, confirms that he/she is informed that any changes to the Tourist Product shall be possible only after confirmation of such changes by the Tour Operator.
5.12. The Tourist is informed that for making any changes in the Services after their confirmation by the Tour Operator/Service Provider at the initiative of the Tourist, whether it is information on the Tourists in the Tour provided to the Travel Agent (full name, date of birth, passport details, etc.), room category, hotel, etc., the Tour Operator or service provider shall be entitled to charge a penalty for each such change, depending on the terms and conditions of the booking.
The Travel Agent, if the Tour Operator or service provider issues such a penalty to the Travel Agent, shall have the right to recover the payment of such penalty from the Tourist on a recourse basis.
5.13. The Travel Agent shall not be liable if the Tourist is unable to travel or use certain services due to any actions of embassies, consulates related to the refusal to issue a visa, delay in issuing a visa, or other actions.
The Tourist is informed that the service of transferring documents to a service center or consulate of a foreign state does not entail the guaranteed issuance of an entry visa to the Tourist. The consulate is an authority of a foreign state and has the right to issue visas at its discretion, increase or decrease the time for reviewing documents, put forward additional requirements for documents, and perform any other actions at the discretion of the consulate.
Refusal to issue a visa shall not be a violation of obligations on the part of the Travel Agent. It is recommended that Tourists take into account the possible refusal to issue a visa when planning a trip, take measures to reduce possible losses, including by concluding insurance agreements against non–departure.
5.14. The Travel Agent shall not be liable if the Tourist was refused to render services due to the Tourist being in a state of alcoholic or narcotic intoxication, or if the actions (inaction) of the Tourist harm others or the property of third parties, or if the Tourist has diseases that impede the rendering of services or pose a threat to others (the Tourist shall notify the Travel Agent in writing and/or via messengers of the presence of such diseases at the conclusion of the Agreement).
5.15. The Travel Agent shall not be responsible for the inconsistency of the Tourist Service with the subjective expectations and estimates of the Tourist. The Travel Agent also does not guarantee the availability of weather conditions necessary for the Tourist, such as (but not limited to) water and air temperature, the presence or absence of precipitation, monsoon winds, sea and ocean currents, as well as other natural phenomena.
5.16. The Travel Agent shall not be liable for any independent change of the terms of service by the Tourist, which entailed additional costs, and shall not pay the Tourist’s bills for additional, in addition to the pre-agreed, tourist service under this Agreement.
5.17. The Travel Agent shall not be liable to the Tourist for the actions of Carriers and Insurers. The obligations of the Travel Agent for the arrangement of transportation and insurance shall be deemed fulfilled from the moment the Air Tickets and Insurance certificates (insurance policies) are handed over to the Tourist.
The Travel Agent shall not be responsible for the actions of the Carrier, such as: delay, replacement and/or cancellation of flights, changes in their schedules, loss of baggage, replacement of aircraft type, removal of booked and redeemed seats on board.
In these cases, air, rail, river and sea carriers shall be liable to the Tourist in accordance with the legislation of the Republic of Kazakhstan and international transportation rules.
5.18. The Travel Agent shall not be responsible for the Tourist’s late arrival on the flight.
5.19. In case of flight delay and/or ordered transfer and due to this possible delay of the Tourist on the connecting flight and the need to purchase a new ticket and/or order a new transfer, the Travel Agent shall not be obliged to reimburse the money for the new ticket and other expenses of the Tourist, which may arise due to this.
5.20. When a Tourist additionally purchases (including in the country (place) of temporary stay) Tourist Services that are not included in the Tourist Product, the Travel Agent shall not be liable for non-rendering (improper rendering) of such Tourist Services.
5.21. The Tourist is informed that the Travel Agent shall not be liable for harm to the life or health of the Tourists, including if the actions (inaction) of employees of service providers caused physical injury or death of the Tourists. The Travel Agent is not a fire or sanitary-epidemiological inspection authority and is not authorized to conduct the relevant inspections of service providers.
5.22. By conclusion of the Agreement the Tourist is aware and agrees that if during the stay on board the aircraft or inside any other vehicle, as well as during the whole period of the tourist trip the Tourist performs actions inadequate for the surrounding people, creating discomfort for passengers and crew members, other tourists, and does not comply with the first request of the crew/Carrier, then such actions shall be regarded as a threat to flight safety, whereby the crew/Carrier shall have the right to take preventive measures up to and including unscheduled landing/stop to remove the Tourist from the aircraft/for deplaning.
In this case, the responsibility and costs of unplanned landing/stopping and other expenses arising therefrom shall be borne by the Tourist.
5.23. By signing the Agreement, the Tourist confirms his/her awareness and agreement that the responsibility for baggage at the destination is borne by the Tourist and the relevant person who owns Tourist accommodation (hotels, motels, campsites, customer bases, guesthouses, holiday homes, boarding houses, etc. buildings and structures used for Tourists’ accommodation and their services).
The Tour Operator and the Travel Agent shall not be liable for loss or damage of baggage during its transportation by the Carrier.
In case of non-receipt of baggage at the arrival airport, the Tourist must make a claim directly to the Carrier by sending a written complaint.
The risk of loss or damage of the Tourist’s luggage when such luggage is directly in the possession of the Tourist shall be borne by the Tourist.
The Travel Agent shall not be liable in case of failure to check baggage to the final destination in case of transit through a transit point.
5.24. The Tourist shall be solely responsible for late arrival at the airport / railway station/ other place of departure, the consequences of refusal and/or delay in paid transfers, late arrival at check-in and boarding the flight.
5.25. By concluding the Agreement, the Tourist confirms his/her awareness and agreement that the Tourist shall be solely responsible, including financially, for his/her actions or decisions taken during the trip in the territory of the host country, as well as shall be liable for violation of the legislation of the host country.
5.26. The Travel Agent shall not be liable for the removal of a Tourist from the route by border, customs and other services for violation of the rules of passport, currency and customs control, as well as for violation of other rules.
If a Tourist falls behind the group, all related expenses shall be charged to his/her account.
5.27. The Travel Agent shall not be responsible for the safety of the Tourist’s property (valuables) and documents, the inconsistency of the level of services accepted in the country and place of temporary stay with the personal subjective representation (opinion) of the Tourist about these services.
5.28. The Travel Agent shall not be liable if the Tourist does not have, if necessary, special permits or approvals from third parties or competent authorities, including the following: consent to the child’s departure abroad, obtaining a child’s own passport, permission to export weapons, permission to export an animal, permission to export art treasures and other permits and approvals.
The Travel Agent shall also not be liable for the inability of the Tourist to use the Tourist Product in case the Tourist is on the list of passengers who are restricted from leaving the country by the decision of the court or other authorized bodies.
5.29. The Tourist /Tourists’ ignorance of the laws and customs of the host country shall not exempt him/her from responsibility for their violation.
5.30. The Travel Agent shall not be liable to the Tourist in case of improper actions or inaction of insurance organizations, which resulted in damage to the health and/or property of the Tourist(s).
5.31. The Travel Agent shall not be liable to the Tourist(s) in case of early termination of the trip by the Tourist(s), as well as for the costs associated with the deportation and/or transportation of the Tourist(s) from the country (place) of temporary stay. If the Travel Agent still incurred such expenses at its own expense, then the Tourist shall be obliged to pay these expenses to the Travel Agent.
5.32. If actions of the Tourist caused damage to the Travel Agent, the Travel Agent shall have the right to terminate unilaterally the Agreement, therefore, the money paid by the Tourist under the Agreement shall not be refunded, and in addition, the Tourist shall be charged for damages in the amount and in the manner as stipulated by the current legislation.
5.33. If the Travel Agent refuses to fulfill this Agreement, the Tourist shall be entitled to a refund of the paid money under the Agreement, except for cases when it occurred due to the fault of the Tourist/Customer (including due to non-payment of the ordered Tourist Services).
5.34. Liability measures of the Parties, not stipulated in the Agreement, shall be applied in accordance with the provisions of the civil legislation in force in the territory of the Republic of Kazakhstan.
6. DURATION, AMENDMENT AND TERMINATION OF THE AGREEMENT AND DISPUTE RESOLUTION PROCEDURE
6.1.This Agreement shall come into force since the signing and shall remain in force till the Parties discharge their liabilities in full.
6.2.This Agreement may be amended or terminated by agreement of the Parties or on other grounds provided for by applicable law or this Agreement.
6.3.Each of the Parties shall have the right to demand amendment or termination of this Agreement due to material changes in the circumstances from which they proceeded when concluding the Agreement. Material changes in circumstances include:
- deterioration of travel conditions, change of travel time;
- unforeseen increase in transportation tariffs;
- introduction of new or increased rates of taxes and fees and other mandatory payments to the budget;
- other grounds determined by agreement of the Parties.
6.4. Any appendices, amendments and additions to this Agreement shall be valid and shall be an integral part of this Agreement provided that they are made in writing or by correspondence via messengers and/or e-mail, signed by duly authorized representatives of the Parties in handwriting or using an electronic signature.
The Parties shall be guided by the terms and conditions of this Agreement to the extent not regulated by the terms and conditions of additional agreements to the Agreement.
6.5. Disputes arising from the Agreement shall be resolved in accordance with the applicable legislation of the Republic of Kazakhstan.
6.6. The Parties have agreed that in case of any disputes that may arise in the course of fulfillment of this Agreement by the Parties, the Parties shall resolve through negotiations and the established pre-trial dispute settlement procedure by exchanging claims and responses to claims.
6.7. In case of failure to resolve disputes through negotiations, they shall be resolved in the judicial authorities of the Republic of Kazakhstan, in accordance with the current legislation of the Republic of Kazakhstan at the location of the Travel Agent.
6.8. All documents sent by the Parties to each other under this Agreement in electronic form, as well as all negotiations via messengers may serve as evidence in court.
7. OTHER TERMS AND CONDITIONS OF THE AGREEMENT
7.1. The Parties (Party) shall be released from liability for partial or full non-fulfillment of their obligations under this Agreement if it proves that such non-fulfillment occurred due to force majeure circumstances.
7.2. Acts of force majeure include, but are not limited to: earthquakes, floods, tsunamis, fire, typhoon, snow drift, hostilities, mass diseases, strikes, transportation restrictions, prohibition of trade transactions with certain countries, terrorist acts and other force majeure circumstances.
7.3. Upon occurrence of the specified circumstances, the term of fulfillment of obligations by the Parties hereunder may be changed proportionally to the time during which such circumstances shall be in force. If such circumstances persist for more than 14 (fourteen) calendar days, each of the Parties shall have the right to withdraw from the Agreement with the consequences stipulated by the current legislation of the Republic of Kazakhstan applied.
7.4. All notifications, letters and other correspondence, documents shall be sent by the Parties by one of the listed methods to the addresses specified in the Agreement: in person, by mail with return receipt requested, by courier service with delivery against receipt, by fax and/or e-mail, by messenger messaging to the numbers specified by the Parties in the Agreement and shall be deemed received by the Parties from the moment of receipt of confirmation of delivery/receipt, and documents sent by e-mail of the Parties shall be deemed received from the moment of delivery/receipt.
The Parties shall bear the risk of unfavorable consequences in case of unavailability of all the above means of communication.
7.5. All legal relations arising out of or related to this Agreement, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms and conditions, determination of the consequences of invalidity or breach of the Agreement, shall be governed by this Agreement and the relevant norms of the legislation in force in the Republic of Kazakhstan, as well as by the customs of business turnover applicable to such legal relations on the basis of the principles of good faith, reasonableness and fairness.
7.6. Upon the entry into force of this Agreement, all previous negotiations on it, correspondence, preliminary agreements, protocols of intent and any other oral or written agreements of the Parties on matters relating in one way or another to this Agreement shall be null and void, but may be taken into account in interpreting the terms of this Agreement.
7.7. The Parties are fully responsible for the accuracy of the details specified by them in this Agreement and undertake to inform the other Party about their changes in writing in a timely manner, and in case of failure to do so they bear the risk of adverse consequences related to it.
7.8. The Agreement is drawn up in two copies in the Kazakh, Russian and English languages having equal legal effect.
7.9. By conclusion of the Agreement the Parties confirm that:
- wherever the text of the Agreement specifies the obligations of the Tourist, it also includes third parties, in the interests and on behalf of whom the Tourist acts, accompanying (accompanied by him/her) persons, including minors;
- wherever the obligations of the Tourist are specified in the text of the Agreement, the Customer is also meant, in case the Customer concludes this Agreement on behalf and in the interests of the Tourist(s) or performs other actions for the fulfillment of the Agreement, including payment.
7.10. The Tourist is informed that payment for additional services not included in the Tourist Product shall be made separately and the responsibility for the quality of such services shall be borne directly by the provider of such services.
Please read the text of the Offer carefully, and if you do not agree with any clause, Step2Travel1 LLP offers to refuse from acceptance of the Offer.
If you have any questions, feel free to contact us at the following phone numbers:
+7 705 819 98 99, +7 707 809 60 40
or to the hotline number +7 705 118 60 57, which is available round the clock
PUBLIC OFFER
This document is an offer (public offer) (hereinafter - the Offer) sent by Step2Travel1 LLP, represented by the Director, Ms. Kurmangazina A., acting pursuant to the Articles of Association (hereinafter - the Travel Agent) to the general public interested in purchasing a Tourist Product (hereinafter - the Tourist/Tourists), to conclude the Tourist Service Agreement on the terms and conditions specified below (hereinafter - the Agreement).
Terms and definitions used in the Offer:
Terms and definitions used in this offer shall be construed and used in accordance with the following meanings:
Public Offer/Offer – advertising and other offers addressed to the general public to conclude an agreement, sent online via social networks and messengers, containing all material terms and conditions of the agreement, whereby it is evident that the person making the offer has the will to conclude an agreement on the terms and conditions specified in the offer with anyone who responds.
Acceptance of the Offer/Acceptance – the response of the person to whom the offer is addressed about its full and unconditional acceptance.
Parties (Party) a term referring simultaneously/collectively and/or separately to the Tourist and the Travel Agent.
Tourist Service Agreement – an agreement of the Parties, all the material terms of which are stated in this Offer, hereinafter unconditionally accepted by the tourist in its entirety by means of its acceptance.
Tourist/Tourists – a natural person visiting a country (place) of temporary stay for a period from twenty-four hours to one year and spending at least one night in it for recreational, cognitive, professional-business, sports, religious and other purposes without engaging in paid activity and being a consumer of a Tourist Product and having concluded an agreement with the Travel Agent on the terms and in the manner stipulated by the Agreement.
Customer – a natural person who orders a Tourist Product in favor of the Tourist and makes payment for the purchased Tourist Product to the Travel Agent.
Tourist and Customer in the ordering of a Tourist Product may not be the same person. For the purposes of identification as a Tourist, as a party to the Agreement, which acquires the relevant rights and obligations, the Tourist concept used in the Law On Tourism Activities in the Republic of Kazakhstan dated June 13, 2001 N 211 and in the Agreement shall be applied.
Tourist Product (hereinafter - the Tourist Product) – a set of tourist services sufficient to meet the needs of the Tourist during the trip, created by the Tour Operator.
Tourist Services – services necessary to meet the needs of the tourist, provided during and in connection with his/her trip (accommodation, transportation, meals, excursions, services of tourism instructors, guides (guides-interpreters)), and other services stipulated in the agreement on tourist services, provided depending on the purpose of the trip.
Air Ticket/Itinerary Receipt – a document certifying the Tourist’s right to use the opportunity to travel on flights included in the Tour Operator’s tour.
Tour - a set of tourist services including travel along a specific route within a specific time frame.
Travel Agent - a legal entity engaged in entrepreneurial activities for the promotion and marketing of the tourist product created by the Tour Operator.
Tour Operator - a legal entity licensed to carry out tourist operator activities, to create, promote and market its tourist products to travel agents and tourists, including the promotion and marketing of a tourist product created by a non-resident of the Republic of Kazakhstan.
Carrier - a legal entity, airline or other transport company with which the Tour Operator concludes an agreement for the transportation of passengers and their luggage and which has assumed the obligation to transport the Tourist from the point of departure to the point of destination under the agreement of transportation by rail/air/road and/or other means of transport.
Insurer – an insurance company with which the Tour Operator has an agreement for the rendering of tourist insurance services, licensed to carry out insurance activities in the general insurance or life insurance industry, which is obliged to make an insurance payment to the insured (beneficiary) in the event of an insured event within the amount (sum insured) specified in the agreement.
Certificate of Insurance – a document certifying the existence of valid insurance coverage in respect of the Tourist and containing information on the conditions of insurance coverage for the insurance risks accepted for insurance, issued by the Tour Operator in confirmation of the concluded insurance agreement (insurance policy) for each Tourist.
Tourist Package (Voucher) – a document confirming the right of the Tourist or a group of Tourists to the Tourist Services included in the tour and confirming the fact of their payment.
Accommodation Facility - any facilities that provide occasional or regular overnight accommodation for tourists.
SNGL – single room
DBL – double room
TRPL – triple room
Extra bed – extra bed
Land View room – land view room
Sea View room – sea view room
Side Sea View room – side sea view room
Mountain View room – mountain view room
Ocean / Ocean facing View room – ocean view room
STD – standard room
Superior – superior room
Duplex – duplex room
Family room – family room
Junior Suite – junior suite
Suite – suite/luxury
Deluxe – deluxe
ROH – run of the house
BB – bed and breakfast
HB – half board
FB – full board
All Inclusive – all inclusive
Transfer – airport-hotel-airport/hotel-hotel transportation support
Main Building – accommodation in the main building
Bungalow (Club room, Villa) – accommodation in separate buildings on the territory of the hotel
The Agreement may use terms that are not defined by the above-mentioned concepts and definitions. If so, the term shall be interpreted in accordance with the text of the Agreement.
1. TERMS OF THE OFFER
1.1. This Public Offer contains all material terms and conditions of the Agreement and shall be sent to the Tourist/Customer by electronic document via messengers and/or e-mail.
1.2. Acceptance of the Offer is full payment of the Tourist Product by the Tourist/Customer.
1.3. The Parties have agreed and confirm that the terms Offer/Public Offer and Agreement within the framework of this Agreement shall be equal to each other.
1.4. The Agreement shall be deemed concluded from the moment of its acceptance and shall remain in force until the Parties fulfill all their obligations thereunder.
1.5. This Offer defines the procedure for sale of the Tourist Product to the Tourists and applies to all types of Tourist Services included in the Tourist Product.
1.6. Addresses and details of the Tourist/s are specified in the Agreement and its appendices.
2. THE SCOPE OF THE AGREEMENT
2.1. In accordance with the terms and conditions of the Agreement, the Travel Agent shall sell to the Tourist the Tourist Product, the full list and consumer properties of which are specified in Appendix 1 (hereinafter - the Tour Program) to the Agreement, which is provided to the Tourist in electronic form after booking the Tourist Product, and the Tourist undertakes to pay for the Tourist Product in full amount.
2.2. The Agreement shall be deemed concluded from the moment of receipt of full payment for the Tourist Product on the settlement account of the Travel Agent.
2.3. Within the framework of this Agreement, the Travel Agent shall perform legal and actual actions on the basis of the agency agreement concluded between the Tour Operator and the Travel Agent.
2.4. The Customer, paying for the Tourist Product under the Agreement, if the Customer of the Tourist Product and the Tourist, i.e. the direct consumer of the Tourist Product according to the terms and conditions of the Agreement, are not the same person, confirms that it acts on behalf and in the interests of the Tourist on a legal basis and has the rights and bears the obligations of the Tourist assigned to it by the Agreement, until the issuance of the boarding pass by the airline to the Tourist, is recognized as a Party to the Agreement and remains so until the issuance of the boarding pass to the Tourist by the airline.
2.5. By concluding the Agreement, the Tourist/Customer agrees to the collection and processing of personal data of the Tourist in accordance with the regulations of the current legislation.
3. PROCEDURE FOR RENDERING SERVICES. PRICE AND PAYMENT RULES
3.1. Tourist Services under this Agreement are included in the Tourist Product and are directly provided to the Tourist by third parties - Tour Operator, Carrier, hotel or other accommodation facility, Insurer and other persons rendering the services included in the Tourist Product.
The Travel Agent provides agency services for the selection, booking of the Tourist Product, acceptance of funds from the Tourist for payment of the cost of the Tourist Product, as well as provides reliable information about the composition and characteristics of the services included in the Tourist Product.
3.2. The Customer/Tourist undertakes to pay for the Tourist Product in the manner and within the terms specified in the Agreement and to receive documents certifying the Tourist’s right to the Tourist Product.
3.3. The Tourist Product shall be deemed paid for from the moment the full payment for the Tourist Product is received on the settlement account of the Travel Agent.
3.4. The cost of the Tourist Product shall be determined on the basis of prices and tariffs established by the Tour Operator. The cost of the Tourist Product shall be paid in the national currency of the Republic of Kazakhstan - KZT.
The actual cost of the Tourist Product at the time of payment shall be specified and confirmed by the Travel Agent.
3.5. By conducting business correspondence with the Travel Agent via messengers, e-mail, the Tourist selects the Tourist Product and provides the Travel Agent with the following mandatory information necessary for booking the Tourist Product: Full name, IIN, Date of birth, Cell phone number, Passport number, Passport validity dates, Address and e-mail.
In addition to the above, the Tourist shall provide the following information:
- the timing and itinerary of the trip;
- name and category of accommodation facility, number of rooms to be booked with indication of room categories; terms of stay;
- type of meal;
- the need to include in the Tourist Product the services of transportation of the tourist;
- other conditions and information related to the Tourist Product or the wishes of the Tourist.
After that, the Travel Agent shall issue an invoice for payment, and the Tourist shall immediately pay it in cash or non-cash transfer to the settlement account of the Travel Agent in the amount of the invoice for payment.
Upon agreement with the Travel Agent, payment may be made by prepayment in the amount of 10 (ten) % (percent) of the cost of the Tourist Product and higher.
The Tour Program regulates the procedure and terms of payment.
After that, the Travel Agent sends a request to the Tour Operator to confirm the booking of the Tourist Product.
3.6. If the payment for the Tourist Product within 1 (one) calendar day from the date of issuing an invoice for payment by the Tour Operator is not made or is made partially, the booking shall be deemed canceled, and in case of additional payment the Customer/Tourist shall create a new reservation and make payment or additional payment for the cost of the Tourist Product.
3.7. The Customer/Tourist is informed that in case of increase in the cost of the Tourist Product due to objective reasons, such as: increase in the cost of transportation by the carrier (including, but not limited to, increase in the cost of air transportation, increase in transportation tariffs), a significant change in foreign exchange rates, the Travel Agent has the right to offer the Tourist to proportionally increase the price of the Tourist Product, and the Tourist undertakes to make an additional payment at the time of issuing an additional invoice for payment by the Travel Agent.
3.8. The booking is made no later than 3 (three) business days from the date of payment of the invoice by the Tourist, and the Tourist is aware and agrees that the final time of booking depends entirely on the time of confirmation of such booking by the Tour Operator.
The fact of confirmation of the Tourist Product booking when there are less than 5 (five) calendar days before the tour start date depends entirely on the time of confirmation of such booking by the Tour Operator and payment for such Tourist Product shall be made in the amount of 100% (one hundred percent) of the cost of the Tourist Product at the time of issuing an invoice for payment by the Travel Agent.
3.9. Upon receipt by the Travel Agent of 100% (one hundred percent) payment for the Tourist Product from the Tourist and confirmation by the Tour Operator of receipt of such payment and confirmation of the booking from the Tour Operator, the Travel Agent shall deliver the following package of documents to the Tourist: Tourist voucher (which contains information on hotel accommodation, meals, transfers), air ticket or itinerary receipt, Tourist's handbook (if available), Insurance certificate or insurance policy (on request), documents necessary for entry into the country of stay, if they are part of the Tourist Product.
The Tourist receives the package of documents in the office of the Travel Agent or electronically via messengers, e-mail, etc.
3.10. If the booking of the Tourist’s chosen Tourist Product cannot be confirmed and the Tourist refuses from alternative options offered by the Tour Operator and the Travel Agent, the Tourist shall the right to demand a full or partial refund of the money paid to the Travel Agent, subject to reimbursement to the Travel Agent of the losses and expenses actually incurred by the Travel Agent until the Tourist sends such a request. This request shall be made in writing in any form or by sending a message via messengers, the refund shall be made by the Travel Agent within 3 (three) banking days.
3.11. When the Tourist books group tours, corporate arrivals, bookings over 5 (five) rooms, special conditions of payment and cancellation of such booking shall be specified in the Tour Program.
3.12. When booking cruise, dynamic tours, payment is made in the amount of 100% (one hundred percent) of the cost of the Tourist Product at the time of issuing an invoice for payment by the Travel Agent.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Travel Agent shall be obliged to:
4.1.1. Do not change, add or exclude Tourist Services from the Tourist Product without the direct involvement of the Tour Operator.
4.1.2. Inform the Tourist of the necessary and reliable information about the consumer properties of the Tourist Product - about the program of stay, itinerary and travel conditions, including information about accommodation facilities, accommodation (location of the accommodation facility, its category) and catering, transportation services in the country (place) of temporary stay, about the availability of a guide and/or guide-interpreter and/or instructor-guide, as well as additional services, about the rules of stay on the route, about the rules of entry to the country (place) of temporary stay and exit from the country (place) of temporary stay, including information about the need for a visa to enter the country and (or) exit from the country of temporary stay, about the basic documents required to enter the country (place) of temporary stay and exit from the country (place) of temporary stay, about the dangers that the Tourist (excursionist) may encounter when traveling, about customs, border, medical, sanitary-epidemiological and other rules (to the extent necessary for the travel), location, postal addresses and contact telephone numbers of state authorities of the Republic of Kazakhstan, diplomatic missions and consular offices of the Republic of Kazakhstan, located in the country (place) of temporary stay, to which the Tourist (excursionist) may apply in case of emergencies or other circumstances, threatening the safety of his/her life and health, as well as in cases of danger of harm to the Tourist's (excursionist's) property, the address (place of stay) and contact telephone number in the country (place) of temporary stay of the head of the group of minor tourists (excursionists) in case the Tourist Product includes an arranged departure of a group of minor tourists (excursionists) unaccompanied by parents, adoptive parents, guardians or custodians, on national and religious peculiarities of the country (place) of temporary stay, on other peculiarities of the trip (within the framework of the information received from the Tour Operator, otherwise the Travel Agent shall not be responsible for the completeness of the information provided to the Tourist within the framework of the marketed Tourist Product).
4.1.3. Hand over to the Tourist the documents certifying the Tourist's right to receive the services included in the Tour Product, prior to the immediate start of the trip, which include: a) a ticket or an electronic transportation document (itinerary-receipt of an electronic ticket (extract from an automated system containing information on transportation)), confirming the right of the Tourist to transportation to the destination and back, issued on the basis of the Tourist's data provided by the Customer/Tourist; b) a document of booking for the Tourist and receipt of a place in a hotel or other accommodation facility (accommodation voucher); c) a document on booking services for the Tourist for transportation from the train station/airport of arrival to the hotel or other place of accommodation and/or for transportation from the hotel or other place of accommodation to the train station/airport (transfer voucher); d) insurance certificate, insurance medical policy in case if the legislation of the country (place) of temporary stay establishes requirements for availability of guarantees of payment for medical assistance to persons temporarily staying on its territory; e) tourist handbook (provided that it is received from the Tour Operator, otherwise the Travel Agent shall not be responsible for the completeness of the information provided to the Tourist within the framework of the marketed Tourist Product), documents required to enter the country of stay, if they are part of the Tourist Product.
The documents specified in sub-clauses b and c may be issued in one document (voucher). The specific list of documents handed over to the Customer or the Tourist depends on the services included in the Tourist Product purchased by the Tourist.
4.1.4. Warn the Tourist about the need to submit visa documents on time.
If the Tourist violates this deadline, the Travel Agent shall not be liable for the late receipt of the visa. The Tourist in this case shall bear all actual expenses at his/her own expense.
4.1.5. In case of changes in the circumstances stipulated by the Agreement and the need for a substantial change in the terms and conditions of the Agreement, within 1 (one) business day from the date of receipt of information from the Tour Operator about the occurrence of such changes, inform the Tourist of the nature of such changes and the possible consequences thereof.
4.1.6. Before the immediate departure of the aircraft or ground transportation (if transportation services are included in the Tour), the Tour Operator and/or the third party carrying out the transportation of the Tourist shall check with the Tour Operator and/or the third party carrying out the transportation of the Tourist the time of flight/departure, including information about the delay, cancellation of the flight/departure, change of the time of flight/departure, and on the basis of the information received from the Tour Operator and/or the Carrier, shall inform the Tourist of the time of flight/departure, information about the delay/cancellation of the flight/departure, change of the time of flight/departure.
The Travel Agent shall not be responsible for the reliability and accuracy of this information, as it is not a person who directly provides these transportation services within the framework of the provided Tourist Services.
4.1.7. Take necessary measures to ensure the security of information about the Customer/Tourist personal data received from the Customer/Tourist in the execution of the Agreement, including their processing and use.
4.1.8. Render services to the Tourist under this Agreement, either independently or with the involvement of third parties on whom the Tour Operator entrusts the fulfillment of part or all of its obligations to the Tourist.
4.2. The Travel Agent shall have the right to:
4.2.1. Refuse to fulfill the Agreement on condition that the money paid by the Tourist under the Agreement is returned, except in cases when it is due to the fault of the Customer/Tourist.
4.2.2. Suspend the fulfillment of obligations under this Agreement, since the fulfillment of obligations by the Tour Agent is counter to the fulfillment of obligations by the Tourist, in case of violation by the Customer/Tourist of the payment procedure established by the Agreement, as well as in cases of failure or untimely submission by the Tourist of information and documents necessary for the fulfillment of the Agreement or violation by the Customer of other obligations set forth in this Agreement.
4.2.3. With the consent of the Tourist, process and transfer the Tourist’s personal data to the Tour Operator and other third parties directly providing Tourist Services.
4.2.4. Provide the Tourist with additional information about the Tourist Product and other advisory services.
4.2.5. At the Customer /Tourist request, send to the Tour Operator a request for changes to the Tourist Product.
4.2.6. Demand from the Tourist the payment of penalties/fines on a regressive basis, if such an obligation to pay penalties/fines arises for the Travel Agent to the Tour Operator and other third parties directly providing Tourist Services, because of unlawful and other actions violating the terms of this Agreement, committed by the Tourist.
4.2.7. In exceptional cases (death or serious illness of the Tourist, and (or) lack of communication with the Tourist), the Travel Agent shall be entitled (but not obliged) to accept applications for amendment or termination of the Agreement from the Tourists specified in the Agreement or from other persons, including (but not limited to) relatives of the Tourist.
4.2.8. Clarify any information, send other notices related to the fulfillment of obligations under the Agreement by the Parties, as well as respond to incoming correspondence from the Tourist in connection with the fulfillment of obligations under the Agreement by the Parties only during the business hours of the Travel Agent from 10:00 to 19:00 according to the time of Almaty.
4.3. The Tourist shall be obliged to:
4.3.1. Pay for the Tourist Product in full and on time, in accordance with the terms and conditions of this Agreement.
4.3.2. Provide the Travel Agent with a valid passport (for all departing persons), other documents necessary for visa issuance, as well as fulfill all requirements and conditions imposed by the Consulates / Embassies / foreign countries, which are specified on the website of the relevant consulate (embassy) of the foreign country, in a timely manner, in accordance with the requirements of the Consulates / Embassies / foreign countries. In case the Consulate (Embassy) of a foreign country makes a requirement to undergo an interview, the Tourist shall personally appear at the Consulate / Embassy to undergo an interview or other formalities (dactyloscopy, etc.) in the terms specified in such requirement.
4.3.3. Arrive at the airport (train station) in time to pass border or passport control, customs control independently. Change of travel dates shall be possible if the Tour Operator or the Carrier makes the change of dates.
The Tourist shall confirm by signing this Agreement that he/she is informed that the Travel Agent is not responsible for the Tourist's ignorance of the rules of passing the border or passport control, customs control at the airports of any country, cities, as well as for the Tourist’s inability to navigate at the airports of any country, cities.
Inform the Travel Agent in advance in writing and/or via messengers in case the Tourist plans to check-in in the evening or at night, or arrive later than the time or date originally indicated in the documents.
The Tourist shall be informed that in some accommodation facilities, despite the possibility to check-in at night, it is necessary to make a call to the administrator of the accommodation facility or to the Tour Operator or to contact the service provider in another way. In case of any emergencies, the Tourist shall immediately contact the Tour Agent and/or the Tour Operator in writing and/or via messengers.
By concluding the Agreement, the Tourist shall confirm his/her awareness that check-in for international flights starts 3 (three) hours before the time of departure indicated in the Ticket, boarding ends 1 (one) hour before departure.
By concluding the Agreement, the Tourist shall confirm receipt of information about the telephone numbers of the accommodation facility and the procedure of check-in to the accommodation facility.
4.3.4. Pay the entry visa in the country of stay and airport taxes, if they were not paid when purchasing the Tourist Product.
4.3.5. Comply with customs and border regulations, laws and local customs of the country of stay, hotel rules and other recommendations and instructions provided by the Tour Operator when concluding this Agreement, as well as those received from the representatives of the Tour Operator/Tour Agent in the territory of the country of temporary stay.
4.3.6. Ensure the execution of a notarized consent and/or power of attorney for the departure of a minor Tourist in accordance with the current legislation of the Republic of Kazakhstan outside the Republic of Kazakhstan, in the case of departure of a minor child unaccompanied by at least one of the parents, as well as to ensure the availability of a separate passport for a minor child on a mandatory basis.
4.3.7. Check the time of departure at least 24 (twenty-four) hours before the beginning of the trip either with the Travel Agent or on the relevant official website of the Carrier.
In case of non-fulfillment of the above requirements, the Tourist shall be liable for negative consequences
The Tourist shall be informed that check-in for the flight is conducted only at the check-in counter at the airport, i.e. without the possibility of online check-in.
The Tourist shall be informed that additional baggage is only checked in at the airport check-in desk.
The Tourist shall be informed that transportation of the Tourist at any stage of the trip may be carried out by any airline flight, regardless of airline indicated in the ticket and the Tourist shall be obliged at all stages of the trip to notify the Travel Agent regarding flight, airline of the Tourist(s).
Otherwise, the Tourist shall be solely responsible for the consequences of such non-notification.
4.3.8. Provide the Tour Operator with his/her contact information necessary for efficient communication. The Tourist shall keep the means of communication specified in the Agreement switched on and have regular access to them, check the receipt of information from the Travel Agent, if the Tourist is unclear about the information received, he/she shall immediately contact the Travel Agent for clarification.
4.3.9. Within the term set by the Travel Agent, provide the Travel Agent with a package of documents necessary for fulfillment of the Agreement and (or) requested verbally and (or) in writing. The Tourist shall be notified of the specific package of required documents and the deadline for their submission at the conclusion of the Agreement verbally and (or) in writing, including by notifying the Travel Agent via messengers at the number provided by the Tourist for communication purposes. The Tourist shall be obliged to provide documents and information in other terms, including shorter terms, depending on the conditions of a particular trip.
The Tourist shall confirm receipt of the relevant information by concluding this Agreement and performing any actions for the implementation of the Agreement.
4.3.10. If the Passport of the Tourist is changed/replaced, the Tourist shall notify the Travel Agent of such change/replacement at least 5 (five) calendar days prior to departure.
4.3.11. The Tourist shall be obliged to vacate the accommodation facility (place) on the last day of stay before the estimated hour, pay the bills for the services provided in the accommodation facility and not included in the Tourist Product.
In case the Tourist/Tourists vacate the room later than the estimated hour (as well as check-in to the room earlier than the estimated hour), the administration of the accommodation facility (place) shall have the right to demand from the Tourist/Tourists additional payment, often in the amount of the cost of a full day of accommodation in the accommodation facility (place) regardless of the time actually spent in the room of the accommodation facility (place) before/after the estimated hour.
The beginning and end of the trip shall be defined by the departure dates of the respective flights. The timing of the accommodation service shall not be expressed in hours and minutes.
By entering into the Agreement, the Tourist hereby acknowledges his/her awareness and consent to the fact that at any time the construction, engineering work may begin, communications and equipment may be erected or placed, stores, restaurants, discos, parking lots, other businesses and activities, lighting masts, pedestrian, road, railroads, etc. may be placed in the immediate vicinity of the hotel or other accommodation facility (place), as a result of which undesirable noise, visual, scent, vibratory effects, etc. may occur. These phenomena are outside the competence of the Travel Agent or Tour Operator and they shall not be liable for these circumstances.
4.3.12. The Tourist shall be obliged to get informed about the characteristics and main consumer properties of the purchased Tourist Product, namely: information about the accommodation facility (hotel, apartments, other), the cost of Tourist Services and other information.
4.3.13. Provide contact details of the family members of the Tourist(s) for notification of an emergency incident involving the Tourist(s) from the date of the Agreement conclusion.
4.3.14. Inform the Travel Agent about circumstances preventing the rendering of services or requiring special conditions of service for the Tourist within the framework of the Tourist services, in correspondence with the Travel Agent via messengers at the time of selection of the Tourist Product.
The Travel Agent shall inform the Tourist that the circumstances preventing the rendering of services or requiring special conditions of service for the Tourist, including, but not limited to, include:
- various diseases of the Tourist and related medical contraindications (including in relation to different types of movement, changing climatic conditions, peculiarities of national cuisine, the use of medicines, etc.);
- past conflict situations with government agencies, including a ban on entry to a certain state or group of countries; - past refusals to issue entry visas, deportation from any country, any other circumstances that may affect the provision of services under the Agreement;
- restrictions on the right to leave the Republic of Kazakhstan imposed by the Ministry of Justice of the Republic of Kazakhstan or other competent authorities. The Tourist shall independently verify the absence of debts, as well as the absence of a ban on travel outside the Republic of Kazakhstan from the Tourist through specialized websites (The Travel Agent has no duties and powers to verify the existence of such debts and prohibitions and does not bear any responsibility in case of non-compliance with this obligation by the Tourist);
- the foreign citizenship of the Tourist, the established visa regime between the country of departure and the country of which the Tourist is a citizen, if he/she is not a Kazakhstani citizen;
- the need for a Tourist to obtain special permits or approvals from third parties or competent authorities, including: consent for the child to travel abroad, obtaining a child's own passport, permission to export weapons, permission to export an animal, permission to export art treasures and other permits, and approvals;
- the lack of vaccination required for Tourists to enter the country (place) of temporary stay and (or) for the consumption of Tourist or other services, or an insufficient period from the date of such vaccination;
- the lack of results of PCR testing of an established form or QR code for Tourists;
- other circumstances objectively preventing the rendering of services that the Tourist knew or should have known about when concluding the Agreement.
The Tourist shall notify the Travel Agent of the presence of the above and any other circumstances that may affect the performance of the Agreement or become an obstacle to the performance of the Agreement, as well as any other individual, non-standard, specific wishes for the booked Tourist Product.
If the Tourist has not notified the Travel Agent in writing and/or via messengers at the conclusion of the Agreement, it shall be assumed that the Tourist/Tourists have no circumstances preventing from making a trip, including the circumstances listed in this clause, which is confirmed by the Tourist by concluding this Agreement without a written indication of the existence of circumstances preventing the trip.
Booking and rendering of services that meet the individual requirements of a Tourist, which differ from the requirements usually imposed on Tourist Products, shall be carried out if it is possible and economically feasible to render such services.
If it is impossible to render services due to the failure of the Tourist to fulfill the above obligations to provide information about the circumstances preventing the rendering of services requiring special conditions of service or about the individual wishes of the Tourist, the services shall be deemed not rendered due to the fault of the Tourist with the application of the obligation to reimburse the Travel Agent for the expenses of the Travel Agent and the Tour Operator.
4.3.15. Comply with the rules for the carriage of passengers, hand luggage and baggage established by the Carrier, as well as transport charters, codes and relevant by-laws.
4.3.16. Comply with the rules of departure from the Republic of Kazakhstan and entry into the Republic of Kazakhstan, the rules of entry into the country (place) of temporary stay, exit from the country (place) of temporary stay, as well as comply with these rules in transit countries. Ensure the availability of necessary travel outside the Republic of Kazakhstan and entry into the territory of the country of temporary stay and transit countries (including, but not limited to the above – consent for the departure of minor tourists, foreign passports with sufficient validity, with the necessary marks, visas, blank pages).
4.3.17. Leave the country of temporary stay in a timely manner in accordance with the conditions of travel and the issued visa.
4.3.18. Treat the property of third parties with due care and prudence, comply with the rules for the use of such property established by third parties, and do not harm the property of third parties.
4.3.19. Comply with the legislation of the country (place) of temporary residence; respect its social structure, customs, traditions, religious beliefs.
4.3.20. Comply with generally accepted rules of conduct, as well as comply with the rules of conduct adopted in the country (place) of temporary stay.
4.3.21. Preserve the environment; take care of the monuments of nature, history and culture in the country (place) of temporary residence.
4.3.22. Accept a change of hotel if the class of service of the previously paid category is maintained and the tour dates are met, without reimbursement and/or refund of the paid money for the Tourist Services under the Agreement, if the Tourist Services cannot be confirmed.
4.3.23. If the Tourist refuses this Agreement, return to the Travel Agent the Voucher, insurance certificate (insurance policy) and other documents entitling the Tourist (there) to receive Tourist Services under the Agreement.
4.3.24. Reimburse the Travel Agent for the actual expenses incurred by the Travel Agent for the services rendered under this Agreement, in case of cancellation of this Agreement or when changing the Tourist Product (according to clause 6 of Article 17 of the Law of the Republic of Kazakhstan On Tourism Activities in the Republic of Kazakhstan).
4.3.25. Send a written notification to the Travel Agent or via messengers in case of refusal to fulfill the Agreement. The date of refusal and, as a result, cancellation of the trip shall be the date of confirmation by the Travel Agent of the relevant application from the Tourist for cancellation of the trip. The Travel Agent shall have the right not to accept cancellations on non–business days and holidays or during business hours - in this case, the notification of cancellation shall be deemed received by the Travel Agent on the following business day during business hours.
4.3.26. Clarify any information, send other notifications related to the fulfillment of obligations by the Parties under the Agreement only during the business hours of the Travel Agent from 10:00 to 19:00 of Almaty time, otherwise, as well as in the case of messages and calls to the Travel Agent by the Tourist/Customer on holidays and non-business days and hours, the Travel Agent reserves the right to answer calls and messages in messengers on the next business day of the Travel Agent.
4.4. The Tourist shall have the right to:
4.4.1. The Customer/Tourist shall have the right to request the Travel Agent to make changes to the Tourist Product 1.5 (one and a half) hours before the end of check-in.
4.4.2. The Customer/Tourist shall have the right to request the Travel Agent to make changes to the Tourist Product 1.5 (one and a half) hours before the end of check-in.
At the same time, the Customer confirms that if, as a result of making such changes, the Tourist, as a party to the Agreement, changes, the responsibility in case of any claims on the part of the Tourist for the degree of informing the Tourist about any of the provisions of the Agreement, shall lie entirely with the Customer.
The Tour Operator informs the Customer/Tourist that any changes to the Travel Product shall be possible only after confirmation of such changes.
4.4.3. Obtain the information on the rules of entry into the country (place) of temporary stay, as well as departure from the country (place) of temporary stay and stay there, the specifics of the legislation of the country (place) of temporary stay, the customs of the local population, religious rituals, shrines, monuments of nature, history, culture and other tourist attractions located under special protection, the state of the environment and other information necessary for a Tourist to exercise his/her right to use the services included in the Tourist Product.
4.4.4. Demand a refund of the paid funds under the Agreement due to the Travel Agent's failure to comply with the terms of the Agreement in accordance with the procedure established by the legislation of the Republic of Kazakhstan and the terms of this Agreement.
4.4.5. Refuse to fulfill the Agreement before the trip, subject to payment to the Travel Agent of the expenses actually incurred by the Travel Agent and the Tour Operator, however, the refund of funds paid by the Tourist under the Agreement shall not be carried out, except in cases provided for in clause 3.10 of this Agreement.
4.4.6. Exercise other rights defined by the legislation of the Republic of Kazakhstan and the country (place) of stay.
5. RESPONSIBILITY OF THE PARTIES
5.1. In case of non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the current legislation of the Republic of Kazakhstan and the terms of this Agreement.
5.2. In cases where the actual fulfillment of the Tourist’s obligations to pay for Tourist Products under the Agreement is carried out by the Customer, such non-fulfillment or violation of the fulfillment of the obligation shall be considered as a violation or non-fulfillment committed by the Tourist himself/herself, and may also be considered as a violation or non-fulfillment committed by the Customer as a Party to the Agreement in accordance with clause 1.5. of the Agreement.
If the Tourist, the direct and final consumer of the Air ticket, has any claims due to his/her lack of information about any of the clauses of the Agreement, the Customer shall be liable to the Tourist.
5.3. In case of impossibility of execution of the Agreement, which arose due to the fault of the Tourist, Tourist Services shall be paid in full.
5.4. In case of impossibility to fulfill the Agreement caused by the fault of the Tourist due to the absence of an entry/exit visa, passport with the required validity period, notarized consent and/or power of attorney for the export of a minor Tourist in accordance with the current legislation of the Republic of Kazakhstan outside the Republic of Kazakhstan, in case of departure of a minor child unaccompanied by at least one from the parents, as well as an independent passport for a minor child, and violations of other border and customs formalities by the Tourist, the Agreement shall be subject to termination, in addition, the Tourist shall have consequences in the form of a fine in the amount of a fine imposed by the Tour Operator on the Travel Agent in a retrogressive manner.
5.5. The Travel Agent shall not be responsible for the actions of the Customer aimed at reselling the Tourist Services included in the Tourist Product and/or its parts to third parties.
5.6. By concluding this Agreement, the Tourist confirms that he/she is informed and agrees that the arrangement of Tourist transportation within the framework of Tourist Services shall be carried out using the tariffs of the Tour Operator and the cost of the Ticket shall not be refunded.
5.7. In case of refusal of the Tourist from the ordered Tourist Product for the dates of the trip falling on the Peak Season or the period of the Early Booking Promotion according to the tariffs of the Tour Operator, the Tourist shall pay the Travel Agent a fine in the amount of the full cost of the declared Tour. Non-payment and/or late payment for the declared and/or booked Tour shall not be a reason for refusing to pay the fine.
5.8. The Travel Agent shall not be responsible for the replacement by the Tour Operator of the services included in the Tourist Product (including the replacement of the accommodation facility, carrier, and aircraft type) with similar services. In the event of any deviations from the terms of Tourist Services agreed in the Agreement in a situation where the Tourist(s) used these services (did not refuse them), such services shall be deemed agreed upon by the Parties, as well as rendered by the Travel Agent in a proper manner and received by the Tourist(s).
5.9. The Travel Agent shall not be responsible for any changes made by the Tour Operator or the requirements imposed. Any claims related to a change in the terms of the Agreement by the Tour Operator may be sent by the Tourist to the Travel Agent within 7 (seven) business days after the end of the trip, with the attachment of supporting documents for further transmission by the Travel Agent of such a claim directly to the Tour Operator. However, the Travel Agent shall not be liable for such claims.
5.10. If Tourist / Customer under this Agreement provides information, including information about the contact details of the family members of the Tourist / Tourists for notification of an emergency incident with the Tourist / Tourists, untrue, false, distorted, incomplete, erroneous information, the failure to provide and / or late provision of such information to the Tour Agent, the responsibility for negative consequences shall arise solely to the Tourist / Customer.
5.11. The Customer/Tourist, by concluding this Agreement and performing any actions to fulfill the Agreement, confirms that he/she is informed that any changes to the Tourist Product shall be possible only after confirmation of such changes by the Tour Operator.
5.12. The Tourist is informed that for making any changes in the Services after their confirmation by the Tour Operator/Service Provider at the initiative of the Tourist, whether it is information on the Tourists in the Tour provided to the Travel Agent (full name, date of birth, passport details, etc.), room category, hotel, etc., the Tour Operator or service provider shall be entitled to charge a penalty for each such change, depending on the terms and conditions of the booking.
The Travel Agent, if the Tour Operator or service provider issues such a penalty to the Travel Agent, shall have the right to recover the payment of such penalty from the Tourist on a recourse basis.
5.13. The Travel Agent shall not be liable if the Tourist is unable to travel or use certain services due to any actions of embassies, consulates related to the refusal to issue a visa, delay in issuing a visa, or other actions.
The Tourist is informed that the service of transferring documents to a service center or consulate of a foreign state does not entail the guaranteed issuance of an entry visa to the Tourist. The consulate is an authority of a foreign state and has the right to issue visas at its discretion, increase or decrease the time for reviewing documents, put forward additional requirements for documents, and perform any other actions at the discretion of the consulate.
Refusal to issue a visa shall not be a violation of obligations on the part of the Travel Agent. It is recommended that Tourists take into account the possible refusal to issue a visa when planning a trip, take measures to reduce possible losses, including by concluding insurance agreements against non–departure.
5.14. The Travel Agent shall not be liable if the Tourist was refused to render services due to the Tourist being in a state of alcoholic or narcotic intoxication, or if the actions (inaction) of the Tourist harm others or the property of third parties, or if the Tourist has diseases that impede the rendering of services or pose a threat to others (the Tourist shall notify the Travel Agent in writing and/or via messengers of the presence of such diseases at the conclusion of the Agreement).
5.15. The Travel Agent shall not be responsible for the inconsistency of the Tourist Service with the subjective expectations and estimates of the Tourist. The Travel Agent also does not guarantee the availability of weather conditions necessary for the Tourist, such as (but not limited to) water and air temperature, the presence or absence of precipitation, monsoon winds, sea and ocean currents, as well as other natural phenomena.
5.16. The Travel Agent shall not be liable for any independent change of the terms of service by the Tourist, which entailed additional costs, and shall not pay the Tourist’s bills for additional, in addition to the pre-agreed, tourist service under this Agreement.
5.17. The Travel Agent shall not be liable to the Tourist for the actions of Carriers and Insurers. The obligations of the Travel Agent for the arrangement of transportation and insurance shall be deemed fulfilled from the moment the Air Tickets and Insurance certificates (insurance policies) are handed over to the Tourist.
The Travel Agent shall not be responsible for the actions of the Carrier, such as: delay, replacement and/or cancellation of flights, changes in their schedules, loss of baggage, replacement of aircraft type, removal of booked and redeemed seats on board.
In these cases, air, rail, river and sea carriers shall be liable to the Tourist in accordance with the legislation of the Republic of Kazakhstan and international transportation rules.
5.18. The Travel Agent shall not be responsible for the Tourist’s late arrival on the flight.
5.19. In case of flight delay and/or ordered transfer and due to this possible delay of the Tourist on the connecting flight and the need to purchase a new ticket and/or order a new transfer, the Travel Agent shall not be obliged to reimburse the money for the new ticket and other expenses of the Tourist, which may arise due to this.
5.20. When a Tourist additionally purchases (including in the country (place) of temporary stay) Tourist Services that are not included in the Tourist Product, the Travel Agent shall not be liable for non-rendering (improper rendering) of such Tourist Services.
5.21. The Tourist is informed that the Travel Agent shall not be liable for harm to the life or health of the Tourists, including if the actions (inaction) of employees of service providers caused physical injury or death of the Tourists. The Travel Agent is not a fire or sanitary-epidemiological inspection authority and is not authorized to conduct the relevant inspections of service providers.
5.22. By conclusion of the Agreement the Tourist is aware and agrees that if during the stay on board the aircraft or inside any other vehicle, as well as during the whole period of the tourist trip the Tourist performs actions inadequate for the surrounding people, creating discomfort for passengers and crew members, other tourists, and does not comply with the first request of the crew/Carrier, then such actions shall be regarded as a threat to flight safety, whereby the crew/Carrier shall have the right to take preventive measures up to and including unscheduled landing/stop to remove the Tourist from the aircraft/for deplaning.
In this case, the responsibility and costs of unplanned landing/stopping and other expenses arising therefrom shall be borne by the Tourist.
5.23. By signing the Agreement, the Tourist confirms his/her awareness and agreement that the responsibility for baggage at the destination is borne by the Tourist and the relevant person who owns Tourist accommodation (hotels, motels, campsites, customer bases, guesthouses, holiday homes, boarding houses, etc. buildings and structures used for Tourists’ accommodation and their services).
The Tour Operator and the Travel Agent shall not be liable for loss or damage of baggage during its transportation by the Carrier.
In case of non-receipt of baggage at the arrival airport, the Tourist must make a claim directly to the Carrier by sending a written complaint.
The risk of loss or damage of the Tourist’s luggage when such luggage is directly in the possession of the Tourist shall be borne by the Tourist.
The Travel Agent shall not be liable in case of failure to check baggage to the final destination in case of transit through a transit point.
5.24. The Tourist shall be solely responsible for late arrival at the airport / railway station/ other place of departure, the consequences of refusal and/or delay in paid transfers, late arrival at check-in and boarding the flight.
5.25. By concluding the Agreement, the Tourist confirms his/her awareness and agreement that the Tourist shall be solely responsible, including financially, for his/her actions or decisions taken during the trip in the territory of the host country, as well as shall be liable for violation of the legislation of the host country.
5.26. The Travel Agent shall not be liable for the removal of a Tourist from the route by border, customs and other services for violation of the rules of passport, currency and customs control, as well as for violation of other rules.
If a Tourist falls behind the group, all related expenses shall be charged to his/her account.
5.27. The Travel Agent shall not be responsible for the safety of the Tourist’s property (valuables) and documents, the inconsistency of the level of services accepted in the country and place of temporary stay with the personal subjective representation (opinion) of the Tourist about these services.
5.28. The Travel Agent shall not be liable if the Tourist does not have, if necessary, special permits or approvals from third parties or competent authorities, including the following: consent to the child’s departure abroad, obtaining a child’s own passport, permission to export weapons, permission to export an animal, permission to export art treasures and other permits and approvals.
The Travel Agent shall also not be liable for the inability of the Tourist to use the Tourist Product in case the Tourist is on the list of passengers who are restricted from leaving the country by the decision of the court or other authorized bodies.
5.29. The Tourist /Tourists’ ignorance of the laws and customs of the host country shall not exempt him/her from responsibility for their violation.
5.30. The Travel Agent shall not be liable to the Tourist in case of improper actions or inaction of insurance organizations, which resulted in damage to the health and/or property of the Tourist(s).
5.31. The Travel Agent shall not be liable to the Tourist(s) in case of early termination of the trip by the Tourist(s), as well as for the costs associated with the deportation and/or transportation of the Tourist(s) from the country (place) of temporary stay. If the Travel Agent still incurred such expenses at its own expense, then the Tourist shall be obliged to pay these expenses to the Travel Agent.
5.32. If actions of the Tourist caused damage to the Travel Agent, the Travel Agent shall have the right to terminate unilaterally the Agreement, therefore, the money paid by the Tourist under the Agreement shall not be refunded, and in addition, the Tourist shall be charged for damages in the amount and in the manner as stipulated by the current legislation.
5.33. If the Travel Agent refuses to fulfill this Agreement, the Tourist shall be entitled to a refund of the paid money under the Agreement, except for cases when it occurred due to the fault of the Tourist/Customer (including due to non-payment of the ordered Tourist Services).
5.34. Liability measures of the Parties, not stipulated in the Agreement, shall be applied in accordance with the provisions of the civil legislation in force in the territory of the Republic of Kazakhstan.
6. DURATION, AMENDMENT AND TERMINATION OF THE AGREEMENT AND DISPUTE RESOLUTION PROCEDURE
6.1.This Agreement shall come into force since the signing and shall remain in force till the Parties discharge their liabilities in full.
6.2.This Agreement may be amended or terminated by agreement of the Parties or on other grounds provided for by applicable law or this Agreement.
6.3.Each of the Parties shall have the right to demand amendment or termination of this Agreement due to material changes in the circumstances from which they proceeded when concluding the Agreement. Material changes in circumstances include:
- deterioration of travel conditions, change of travel time;
- unforeseen increase in transportation tariffs;
- introduction of new or increased rates of taxes and fees and other mandatory payments to the budget;
- other grounds determined by agreement of the Parties.
6.4. Any appendices, amendments and additions to this Agreement shall be valid and shall be an integral part of this Agreement provided that they are made in writing or by correspondence via messengers and/or e-mail, signed by duly authorized representatives of the Parties in handwriting or using an electronic signature.
The Parties shall be guided by the terms and conditions of this Agreement to the extent not regulated by the terms and conditions of additional agreements to the Agreement.
6.5. Disputes arising from the Agreement shall be resolved in accordance with the applicable legislation of the Republic of Kazakhstan.
6.6. The Parties have agreed that in case of any disputes that may arise in the course of fulfillment of this Agreement by the Parties, the Parties shall resolve through negotiations and the established pre-trial dispute settlement procedure by exchanging claims and responses to claims.
6.7. In case of failure to resolve disputes through negotiations, they shall be resolved in the judicial authorities of the Republic of Kazakhstan, in accordance with the current legislation of the Republic of Kazakhstan at the location of the Travel Agent.
6.8. All documents sent by the Parties to each other under this Agreement in electronic form, as well as all negotiations via messengers may serve as evidence in court.
7. OTHER TERMS AND CONDITIONS OF THE AGREEMENT
7.1. The Parties (Party) shall be released from liability for partial or full non-fulfillment of their obligations under this Agreement if it proves that such non-fulfillment occurred due to force majeure circumstances.
7.2. Acts of force majeure include, but are not limited to: earthquakes, floods, tsunamis, fire, typhoon, snow drift, hostilities, mass diseases, strikes, transportation restrictions, prohibition of trade transactions with certain countries, terrorist acts and other force majeure circumstances.
7.3. Upon occurrence of the specified circumstances, the term of fulfillment of obligations by the Parties hereunder may be changed proportionally to the time during which such circumstances shall be in force. If such circumstances persist for more than 14 (fourteen) calendar days, each of the Parties shall have the right to withdraw from the Agreement with the consequences stipulated by the current legislation of the Republic of Kazakhstan applied.
7.4. All notifications, letters and other correspondence, documents shall be sent by the Parties by one of the listed methods to the addresses specified in the Agreement: in person, by mail with return receipt requested, by courier service with delivery against receipt, by fax and/or e-mail, by messenger messaging to the numbers specified by the Parties in the Agreement and shall be deemed received by the Parties from the moment of receipt of confirmation of delivery/receipt, and documents sent by e-mail of the Parties shall be deemed received from the moment of delivery/receipt.
The Parties shall bear the risk of unfavorable consequences in case of unavailability of all the above means of communication.
7.5. All legal relations arising out of or related to this Agreement, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms and conditions, determination of the consequences of invalidity or breach of the Agreement, shall be governed by this Agreement and the relevant norms of the legislation in force in the Republic of Kazakhstan, as well as by the customs of business turnover applicable to such legal relations on the basis of the principles of good faith, reasonableness and fairness.
7.6. Upon the entry into force of this Agreement, all previous negotiations on it, correspondence, preliminary agreements, protocols of intent and any other oral or written agreements of the Parties on matters relating in one way or another to this Agreement shall be null and void, but may be taken into account in interpreting the terms of this Agreement.
7.7. The Parties are fully responsible for the accuracy of the details specified by them in this Agreement and undertake to inform the other Party about their changes in writing in a timely manner, and in case of failure to do so they bear the risk of adverse consequences related to it.
7.8. The Agreement is drawn up in two copies in the Kazakh, Russian and English languages having equal legal effect.
7.9. By conclusion of the Agreement the Parties confirm that:
- wherever the text of the Agreement specifies the obligations of the Tourist, it also includes third parties, in the interests and on behalf of whom the Tourist acts, accompanying (accompanied by him/her) persons, including minors;
- wherever the obligations of the Tourist are specified in the text of the Agreement, the Customer is also meant, in case the Customer concludes this Agreement on behalf and in the interests of the Tourist(s) or performs other actions for the fulfillment of the Agreement, including payment.
7.10. The Tourist is informed that payment for additional services not included in the Tourist Product shall be made separately and the responsibility for the quality of such services shall be borne directly by the provider of such services.