Back to category Published: 01 january 2020 Author: Administrator

PUBLIC OFFER

PUBLIC OFFER 
TO CONCLUDE AN AGREEMENT ON TOUR PRODUCT SALE

 
This proposal of the Tour Operator "ACT Kazakhstan" (hereinafter referred to as the "Tour Operator") is a public offer, under which the Tour Operator makes a proposal to conclude an Agreement on Tour Product Sale on the following terms and conditions with anyone who will respond (hereinafter referred to as the "Customer"). This offer (hereinafter referred to as the "Offer Agreement") contains all essential conditions, i.e. conditions that are recognized as essential by legislation or necessary for the agreement, as well as those conditions on which agreement must be reached at the request of the Tour Operator.

Full and unconditional acceptance of the terms of the Offer Agreement (hereinafter referred to as the "Acceptance") is indicated by the full or partial payment, effected by the Customer under the Offer Agreement.
If the Customer has performed the Acceptance as described above, it is considered that:
- The Customer has read, agreed and accepted the Tour Operator's offer;
- The Acceptance has been received by the Tour Operator;
- The Offer Agreement has been concluded, does not require bilateral signing and is valid in electronic form;
- The written form of the deal has been observed.

Wherever the text of the Offer Agreement indicates the obligations of the Customer, it also refers to third parties in the interests and on behalf of which the Customer acts, accompanying him (accompanied by him) persons, including minors. The Customer is obliged to be responsible to the Tour Operator for the fulfillment by these third parties of their obligations.

The Offer Agreement and its attachments, which are an integral part of it, are mandatorily provided to the Customer at the time of booking by its placement in the sales offices and on the Website of the Tour Operator and (or) by sending to the Customer through electronic and other forms of communication.

1. DEFINITIONS AND TERMS USED IN THIS OFFER AGREEMENT

1.1. The Services – tourist and other related services required to meet the needs of the Customer when making a tourist or business trip in the territory of the Republic of Kazakhstan and (or) Central Asian countries, including, but not limited to, visa services, guides and interpreters services, transportation services, catering services, accommodation services, sightseeing services, the sale of which is carried out on the territory of the Republic of Kazakhstan to adult capable individuals and legal entities, including with the use of Information Technologies.
1.2. The Tour Product – a set of Services formed by the Tour Operator that is sufficient to meet the needs of the Customer during the trip, provided by the Tour Operator independently and (or) with the involvement of third parties, on which the Tour Operator imposes fulfillment of a part or all of its obligations to the Customer.
1.3. The Information Technology – a set of methods, production processes, software and hardware facilities combined into a technological complex that provides collection, creation, storage, accumulation, processing, search, display, copying, transfer and distribution of information.
1.4. The Website – Internet resource www.welcome.kz, i.e. information (in text, graphic, audio-visual or other form), placed on hardware and software complex having a unique network address and (or) domain name and functioning in the Internet.
1.5. The Request – an application of the Customer for development of the Tour Product, placed by the Customer on the Website, sent by e-mail or other means of communication, made by phone or in the personal presence of the Customer in the sales offices of the Tour Operator. The Request is an attachment to the Offer Agreement and its integral part.
1.6. The Confirmation – the Tour Operator's information about the Tour Product, developed according to the Customer's Request, and terms of its sale. The Confirmation is an attachment to the Offer Agreement and its integral part, which indicates the readiness of the Tour Operator to provide Services, included in the Tour Product, if the Customer accepts the Offer Agreement.
1.7. The Voucher – a document certifying the Customer's right to receive Services included in the Tour Product. The Voucher is an attachment to the Offer Agreement and its integral part.
1.8. The Parties – the parties of the Offer Agreement, the Customer and the Tour Operator together.
1.9. Personal Data - information, regulated by the Offer Agreement, related to a certain individual, recorded on electronic, paper and (or) other material medium.
1.10. Collecting of the Personal Data – actions aimed at obtaining of the Personal Data.
1.11. Processing of the Personal Data – actions aimed at accumulation, storage, modification, addition, use, dissemination, depersonalization, blocking and destruction of the Personal Data.
1.12. The Third Parties – parties connected both now and in the future with the Tour Operator by circumstances or legal relations, including the Collection, Processing and protection of the Personal Data of the Customer.

2. ​SUBJECT OF THE OFFER AGREEMENT 

2.1. The Tour Operator undertakes to provide the Services included in the Tour Product.
2.2 The Customer undertakes to pay the cost of the Tour Product in due time and fulfill other obligations under this Offer Agreement.
2.3 Consumer properties of the Tour Product are reflected on the Website of the Tour Operator or indicated in the Confirmation and (or) the Voucher, which is sent to the Customer by e-mail or submitted to the Customer in printed form.
 
3. RIGHTS AND OBLIGATIONS OF THE PARTIES

Rights and obligations of the Tour Operator:
 
3.1. The Tour Operator undertakes:
3.1.1. To provide the Services included in the ready-made Tour Product, and in the absence of such a product, to develop a new Tour Product according to the Customer's Request. Development of the Tour Product corresponding to the private requirements of the Customer is carried out in case of possibility and economic feasibility to provide such services.
3.1.2. To provide the Customer not later than 24 hours before the trip (if the Offer Agreement is concluded earlier than 24 hours before the trip) the documents certifying the Customer's right to receive the Services included in the Tour Product, as well as other documents necessary for the trip, including but not limited to: Voucher, visa documents, flight or train tickets, accommodation confirmation on the terms and conditions agreed in the Offer Agreement. Transfer of the documents (including the originals in cases stipulated by law) may be performed by sending documents to the Customer's e-mail address or by other means. 
3.1.3. To provide safety conditions for the Customer during provision of the Services, provided that he complies with the rules of personal safety, rules and recommendations of the Tour Operator, as well as requirements of the legislation of the country of temporary stay.
3.1.4. To take necessary measures to ensure security of Personal Data received from the Customer during execution of the Offer Agreement, including their Processing and use.
3.2. The Tour Operator has the right:
3.2.1. To suspend fulfillment of obligations (the fulfillment of obligations by the Tour Operator is a counterpart to the fulfillment of obligations by the Customer) if the Customer violates the payment procedure established by the Offer Agreement, as well as if the Customer fails to provide or fails to provide in due time the information and documents necessary for the Tour Operator to fulfill the Agreement, or if the Customer violates other obligations established by this Offer Agreement. 
3.2.2. To publish various promotions and special offers. Promotions and special offers published after conclusion of this Offer Agreement do not apply to this Offer Agreement (unless otherwise stated by the Tour Operator).
 
Rights and obligations of the Customer:
 
3.3. The Customer undertakes:
3.3.1. To pay the cost of the Tour Product (price of the Offer Agreement) in a timely manner in accordance with the terms of this Offer Agreement and its attachments.
3.3.2. To provide the Tour Operator in due time and in full with necessary information and documents required by the Tour Operator for execution of the Offer Agreement. Information about specific documents required and the date of their submission shall be communicated to the Customer in written or oral form.
3.3.3. To inform in writing any circumstances that may affect the performance of the Offer Agreement and (or) become an obstacle to the performance of the Offer Agreement, as well as any other individual, non-standard, specific wishes to the requested Tour Product at the time of sending the Request, including, but not limited to: various kinds of diseases of the Customer and related medical restrictions, including in relation to different types of transportation, peculiarities of national cuisine, etc.
3.3.4. Prior the trip, to check the documents received from the Tour Operator according to article 3.1.2, and if the documents contain deficiencies - immediately notify the Tour Operator in writing.
3.3.5. To arrive in time at the meeting point designated by the Tour Operator. Changes in the dates and starting time of the Services can only be made by prior written agreement with the Tour Operator. In case of any emergency situations, the Customer undertakes to apply to the Tour Operator immediately. 
3.3.6. To inform the Tour Operator immediately if the Third Parties do not provide the Services included in the Tour Product or do not provide the Services properly.
3.3.7. To observe entry (exit) rules of the country of temporary stay and its rules of stay. To leave the country of temporary stay in time according to the terms of the trip and visa issued.
3.3.8. To comply with the legislation and (or) accepted rules of conduct of the country and (or) place of temporary stay, respect its social structure, customs, traditions and religious beliefs. Preserve the environment, treat natural, historical and cultural monuments with due care.
3.3.9. To treat the third-party property with due care and prudence, comply with the rules of use of such property established by the third parties, do not cause damage to the third-party property. 
3.4. The Customer has the right:
3.4.1. At conclusion of the Offer Agreement, to receive an information to be provided in accordance with the terms of the Offer Agreement and the law of the Republic of Kazakhstan.
3.4.2. To receive the documents necessary for the trip in accordance with the Offer Agreement.
3.4.3. To receive the ordered and paid Services included in the Tour Product in full on agreed terms.
3.4.4. To request compensation of losses and moral damages in case of non-fulfillment of conditions of this Offer Agreement in the order established by the legislation of the Republic of Kazakhstan.
3.4.5. To refuse the Tour Product at any time in accordance with the terms of the Offer Agreement.

4. TOUR PRODUCT SALE PROCEDURE. TERMS OF PAYMENT
 

Sale of the Tour Product to the Customer can be carried out in the following ways:
 
4.1. Online sale of the ready-made Tour Product
4.1.1. The Customer selects the ready-made Tour Product on the Website of the Tour Operator and receives necessary and reliable information about the selected Tour Product. The information is provided to the Customer in clear form on the Website of the Tour Operator in the appropriate sections, and, if necessary, can be clarified to the Customer by the Tour Operator via electronic means of communication and (or) orally.
4.1.2. After selecting the Tour Product and receiving the necessary and reliable information about it, the Customer fills out a special form on the Website of the Tour Operator to make a purchase online using a bank card. The cost of the Tour Product (price of the Offer Agreement) is indicated on the Website of the Tour Operator.
4.1.3. After payment, the electronic Voucher is formed at the Website, which is available for downloading by the Customer.
 
4.2. Offline sale of the ready-made Tour Product 
4.2.1. The Customer:
a) selects the ready-made Tour Product on the Website of the Tour Operator and receives necessary and reliable information about the selected Tour Product. The information is provided to the Customer in clear form on the Website of the Tour Operator in the appropriate sections, and, if necessary, can be clarified to the Customer by the Tour Operator via electronic means of communication and (or) orally, 
or
b) receives necessary and reliable information about available Tour Products from the Tour Operator via electronic means of communication and (or) orally, and makes selection of the ready-made Tour Product.
4.2.2. After selecting the Tour Product and receiving the necessary and reliable information about it, the Customer effects payment for the selected Tour Product by a convenient method of payment from those offered by the Tour Operator. The cost of the Tour Product (price of the Offer Agreement) is indicated on the Website of the Tour Operator or informed to the Customer via electronic means of communication and (or) orally. 
4.2.3. After full payment of the Tour Product, the Customer receives the Voucher, which is sent to the Customer via electronic means of communication or submitted to him in printed form.
 
4.3. Offline sale of the Tour Product developed under the individual Request of the Customer
4.3.1. The Customer receives the necessary and reliable information about the available Tour Products, about individual Services of the Tour Operator through the Website of the Tour Operator and (or) with the use of electronic means of communication and (or) orally.
4.3.2. The Customer sends to the Tour Operator the Request in writing for making changes in the available Tour Product and (or) for developing an individual Tour Product using the Request form at the Website, e-mail or other electronic mean of communication.
4.3.3. The Request may contain the following information required by the Tour Operator:
- names of tourists (according to the passport), their gender, date of birth, citizenship, passport number, language of service;
- dates and route and (or) program of travel and (or) services;
- requirements for accommodation;
- requirements for additional services (visa support, meals, transportation, etc.);
- other conditions and information related to the Tour Product.
4.3.4. Upon receipt of the Request, the Tour Operator informs the Customer about the possibility to develop the Tour Product through e-mail and (or) other forms of communication. In case of possibility to develop the Tour Product according to the requirements of the Customer, the Tour Operator provides the Customer with the Confirmation of the Request, and in case of impossibility, the Tour Operator may offer the Customer an alternative Tour Product.
4.3.5. In case of modification in the initial Request (change of terms and (or) route and (or) program of travel and (or) services, accommodation conditions and (or) other types of Services), the previous Request is considered to be cancelled and the modification is considered to be the new Request.
4.3.6. Obligations of the Tour Operator to perform this Offer Agreement arise only case of confirmation of the Request by the Tour Operator and Acceptance of this Offer Agreement by the Customer.
4.3.7. Upon receipt of the Confirmation from the Tour Operator, as well as complete and reliable information about the Tour Product developed under the individual Request, the Customer effects payment for the Tour Product by a convenient method of payment from those offered by the Tour Operator. The cost of the Tour Product (price of the Offer Agreement) is indicated by the Tour Operator in the Confirmation. 
4.3.8. After full payment of the Tour Product, the Customer receives the Voucher, which is sent to the Customer via electronic means of communication or submitted to him in printed form.
 
4.4. Payments under this Offer Agreement can be made:
4.4.1. In national currency (Kazakhstan Tenge) with the bank cards, in cash or by bank transfer.
4.4.2. In Russian Rubles, US Dollars and Euro by bank transfer (for non-residents of Kazakhstan only). 
4.5. Obligation of the Tour Operator to provide the Services included in the Tour Product under this Offer Agreement does not arise until the moment of full payment of the cost of the Tour Product by the Customer (price of the Offer Agreement).
4.6. The ready-made Tour Product, sold to the Customer in accordance with sections 4.1 and 4.2, is defined as a tour package, ready (offered) for sale, does not provide for the possibility of cancelling one or more of its components by the will of the consumer (from the point of view of unconditional obligation to satisfy such will), and does not provide for the possibility of reducing the price of the Tour Product (price of the Offer Agreement) except for the cases, provided by the law.
 
5. RESPONSIBILITIES OF THE PARTIES 
 
5.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations under this Offer Agreement in accordance with the terms of the Offer Agreement, as well as the current legislation of the Republic of Kazakhstan.
5.2. The Tour Operator is responsible for providing the Customer with necessary and reliable information about the Tour Product.
5.3. The Tour Operator is responsible for failure to provide or improper provision of the Services included in the Tour Product to the Customer, regardless of who is provider of the Services. The Tour Operator is responsible before the Customer for the actions (inaction) of the Third Parties providing the Services included in the Tour Product, unless it is established by laws and other regulatory acts of the Republic of Kazakhstan that the Third Party is responsible before the Customer.
5.4. If there are any comments on the quality of the Services included in the Tour Product or comments on the actions of the Third Parties directly providing the Services to the Customer, the Tour Operator recommends the Customer to inform the Tour Operator immediately.
5.5. The Tour Operator is not responsible for the expenses incurred by the Customer and any negative consequences in cases of: 
a) non-fulfillment and (or) improper fulfillment of obligations by the Tour Operator under this Offer Agreement due to unreliability, insufficiency and (or) untimely provision by the Customer of information and documents necessary for fulfillment of the Offer Agreement by the Tour Operator;
b) non-submission, incorrect execution by the competent authorities and (or) delay in issuing the visa and other documents required for entry into the Republic of Kazakhstan and (or) Central Asian countries, if such circumstances arise for reasons beyond the control of the Tour Operator;
c) cancellation or change of the date and (or) departure time of air, land, water means of regular passenger transportation and related changes in the travel program;
d) withdrawal of the Customer from a mean of regular passenger transportation and (or) refusal of permission for entry (exit) by migration, customs, sanitary and other services;
e) culpable actions of the Customer, which include, but are not limited to:
- failure or delay of the Customer to arrive at the designated meeting point for provision of the Services,
- violation of the rules of entry (exit) and stay on the territory of the Republic of Kazakhstan and (or) Central Asian countries, as well as rules of personal security; 
- violation by the Customer of the current legislation of the Republic of Kazakhstan and (or) Central Asian countries, including migration, customs and quarantine rules;
f) force majeure circumstances during the period of providing the Services by the Tour Operator;
g) incompliance of the Services with subjective expectations and estimates of the Customer.
5.6. The Tour Operator is not responsible for reimbursement of the Customer's expenses for the paid Tour Product if the Customer did not use all or part of the Services included in the Tour Product for any reason during the service period.  
5.7. The Tour Operator is not responsible for any the Customer own change of the Services conditions, which resulted in additional costs, and does not pay the Customer's bills for additional, over and above the previously agreed Services under this Offer Agreement.
5.8. The Tour Operator shall not be liable in case the Customer has been refused to provide the Services due to the Customer being intoxicated by alcohol or drugs, or in case if the actions (inaction) of the Customer cause harm to others or property of third parties. If the actions of the Customer cause damage to the Tour Operator and (or) third parties, the Customer shall be charged for such damage in the amount and according to the procedure stipulated by the current legislation.

6. AMENDMENT AND TERMINATION OF THE OFFER AGREEMENT
 
6.1. This Offer Agreement may be changed or terminated by agreement of the Parties or on other grounds stipulated by the current legislation or this Offer Agreement. 
6.2. Each of the Parties has the right to demand change or termination of the Offer Agreement due to essential change of circumstances, which the Parties proceeded from when concluding the Offer Agreement. To the essential changes of circumstances refer:
deterioration of travel conditions;
change in dates of travel;
impossibility of the Customer to make a trip due to circumstances beyond his control (illness of the Customer, visa denial and other similar circumstances).
6.3. Untimely or incomplete payment made by the Customer under the Offer Agreement, failure to submit the required documents necessary for execution of the Offer Agreement, impossibility to provide the Services in connection with non-fulfillment of his duties by the Customer and (or) violation of conditions of the Offer Agreement by the Customer, are considered by the Parties as impossibility to execute the Offer Agreement due to the fault of the Customer.
6.4. If it is impossible to provide the Services due to circumstances for which neither party is responsible (including force majeure), the Customer shall reimburse the Tour Operator for actually incurred expenses, unless other consequences are stipulated in the Offer Agreement or current legislation.
6.5. The Customer has the right to terminate the Offer Agreement unilaterally provided that the specified penalties (if any) depending on the period of cancellation of the Tour Product are paid, information about which is submitted to the Customer on the Website of the Tour Operator and (or) in the Request Confirmation and (or) orally (when making a deal in the sales office of the Tour Operator) at the conclusion of this Offer Agreement. The date of cancellation will be considered the date of receipt of the written application of the Customer sent to the Tour Operator via electronic means of communication or of the original application sent to the mailing address of the Tour Operator or of the verbal Customer's refusal made at personal presence at the Tour Operator's sales office. The Tour Operator is entitled not to accept cancellations on non-working days and public holidays - in this case the cancellation is considered to be made on the following working day.
6.6. Any changes and additions to the Offer Agreement are valid if they are made by the ways not prohibited by the current legislation of the Republic of Kazakhstan (including by the exchange of documents by e-mail or with the use of other electronic means of communication), or by the consent of the Customer with the information placed on the Tour Operator's Website or submitted in the Order Confirmation or sent to the Customer by e-mail or with the use of other electronic means of communication. Performing actions by the Customer to execute the Offer Agreement considering the changes proposed by the Tour Operator may be equated by the Tour Operator to making changes in writing in the manner prescribed by the legislation of the Republic of Kazakhstan.
6.7. Early termination of the Offer Agreement for any reason shall be made in the same form as conclusion of the Offer Agreement, by sending by one Party of a proposal for termination of the Offer Agreement within at least 10 (ten) calendar days prior to the proposed date of termination (if the Offer Agreement is concluded earlier than 10 (ten) calendar days prior to the planned date of termination) and its Acceptance by the other Party. If one of the Parties disagrees with the proposal to terminate the Offer Agreement, it shall notify the other Party in writing before the proposed date of termination. Absence of such written notification from the Party receiving the proposal for termination shall be considered as its consent to termination of the Offer Agreement.

7. CONCENT FOR COLLECTION AND PROCESSING OF PERSONAL DATA

7.1. In accordance with the legislation of the Republic of Kazakhstan regulating the relations connected with Collection and Processing of the Personal Data when the Customer performs the Acceptance in the order determined by the Offer Agreement, the Customer gives his unconditional consent to the Tour Operator and related third parties for Collection, Processing and cross-border transfer (if necessary) of the Customer's Personal Data in ways not contradicting the legislation, for the purposes regulated by the Offer Agreement, and in sources, including public sources, at the discretion of the Tour Operator, in connection with any existing or arising with the Tour Operator in the future civil law and (or) other legal relations.
7.2. Under the Personal Data of the Customer the Parties have determined the following information related to the Customer, as well as changes and (or) additions made to them in the future, fixed on electronic, paper and (or) other material media, including, but not limited to: name, surname, middle names (if any), date of birth, gender, nationality, number and validity of the passport, place of work and position, address of residence, mobile phone number, e-mail address.
7.3. Collection, Processing and cross-border transfer (if necessary) of the Customer's Personal Data is performed by the Tour Operator for the following purposes, including, but not limited to: 
7.3.1. for the purpose of proper execution of the Offer Agreement, as well as the rights and obligations imposed on the Tour Operator by law;
7.3.2. for internal control and accounting of the Tour Operator;
7.3.3. for judicial and non-judicial protection of the rights of the Tour Operator: in case of breach of obligations under respective deals; in case of disputable situations, including disputes with third parties.
7.4. By transferring the Personal Data to the Tour Operator through open communication channels, the Customer understands and accepts the risk of their unauthorized receipt by third parties and related consequences. The Tour Operator is not responsible for the unauthorized receipt of the Personal Data by third parties during their transfer through open communication channels. 
7.5. The Customer's consent to the Collection, Processing and cross-border transfer (if necessary) of the Personal Data regulated by this section may be revoked in cases regulated by the legislation of the Republic of Kazakhstan, based on a relevant application in writing, which is handed over to the Tour Operator at least 10 (ten) calendar days before the date of revocation of this consent. At the same time, the Customer is aware that this consent may not be withdrawn in cases where this withdrawal would be contrary to legislation or in cases where the Tour Operator has not fulfilled his obligations to the Customer.

8. DISPUTE RESOLUTION

8.1. This Offer Agreement establishes a pre-trial procedure for the settlement of disputes, which is carried out through the exchange of claims and feedback on claims, and is mandatory.
8.2. The Parties define the following mandatory procedure for pre-trial dispute settlement.
8.2.1. The claim shall be submitted in writing within 20 (twenty) calendar days from the date of the Offer Agreement termination and shall be signed by a duly authorized person. 
8.2.2. The claim shall indicate: the requirements, the amount of the claim and a reasonable calculation of the claim (if the claim is subject to monetary assessment); the circumstances on which the requirements are based and the evidence confirming them; a list of documents and other evidence attached to the claim; other information required for dispute settlement. 
8.2.3. The claim shall be considered within 10 (ten) calendar days from the date of receipt, and the Party that sent the claim shall be notified of the results of the consideration in writing. In response to the claim, the Party receiving the claim shall necessarily indicate the reasons for the decision and proposals for the procedure for dispute settlement. 
8.2.4. If the documents necessary for its consideration are not attached to the claim, they shall be requested from the Party that sent the claim within 5 (five) calendar days from the date of receipt of the claim, with an indication of the submission period (at least 10 (ten) calendar days). If the requested documents are not received by the specified deadline, the claim shall be considered on the basis of available documents.
8.3. In case of failure to reach agreement in pre-trial order, the dispute shall be resolved in court in accordance with the legislation of the Republic of Kazakhstan.

9. GENERAL TERMS

9.1. The Offer Agreement and all legal relations arising in connection with the execution of the Offer Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Kazakhstan.
9.2. After conclusion of this Offer Agreement, all preliminary negotiations on it, correspondence, preliminary agreements and protocols of intent on the issues, which, one way or another, relate to this Offer Agreement, lose legal force.
9.3. The Offer Agreement comes into force at the moment of accession of the Customer to the Offer Agreement, i.e. at performing of the Acceptance by the Customer in the order regulated by the Offer Agreement, and is valid until the Parties fulfill their obligations in full.

Tour Operator «ACT Kazakhstan»:

VDA Company, Limited Liability Partnership
Represented by Olga Sharipova, the Director
BIN: 070340003681
Tour operator license № 0133986 dated 04.11.2009
Address: 113 Baitursynov Street (office 6), Almaty, Republic of Kazakhstan 
Website: www.welcome.kz, e-mail: info@welcome.kz
Telephones: +7 (727) 313-18-67, +7 771 766-3933, +7 771 526-4479 (WhatsApp)

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