This agreement, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, is a public offer addressed to an unlimited number of individuals (who have reached the age of majority) under the following conditions:
The Limited Liability Partnership "SkyWay LTD," represented by Director Kozbagarova A. B., acting on the basis of the Charter, hereinafter referred to as the "Contractor," on the one hand, and the Consumer, who has accepted the terms of this Agreement (hereinafter referred to as the "Agreement"), hereinafter collectively referred to as the "Parties," have concluded this Agreement as follows.
1. The Contractor undertakes to provide the Consumer with travel services necessary to meet their needs during and in connection with the trip, in the scope and under the terms stipulated by the Agreement, and the Consumer undertakes to pay the Contractor for the said travel services.
2. To notify about an emergency involving the tourist, the Consumer shall provide the Contractor with the data of their family members (last name, first name, patronymic (if available), degree of kinship, address, contacts, and information).
3. The description of travel services, date, transportation services for the Consumer, start and end times, and other details about the trip are specified in the appendix (country/place of temporary stay, points of stay, travel itinerary, visits to tourist attractions) as provided by the Contractor to the Consumer (in the approximate form attached as Appendix No. 1 to the Agreement).
4. The cost of providing travel services under the Agreement is established and indicated in the invoices for payment sent by the Contractor to the Consumer.
5. The procedure for payment of the cost of travel services under the Agreement is specified in the invoices for payment sent by the Contractor to the Consumer.
6. When preparing for the trip, during the trip, including transit, the Consumer has the right to:
1) contact consular, diplomatic, other state, as well as tourist representations in case of threats to their personal safety or property;
2) necessary and reliable information about the rules of entry into the country (place) of temporary stay, as well as exit from the country (place) of temporary stay and stay there, features of the legislation of the country (place) of temporary stay, customs of the local population, religious rites, shrines, natural, historical, and cultural monuments and other tourist attractions, under special protection, and the state of the environment;
3) choose an insurance company to conclude a mandatory tourist insurance contract and receive an insurance certificate;
4) freedom of movement, free access to tourist resources, taking into account restrictive measures adopted in the country (place) of temporary stay;
5) compensation for damages and moral harm in case of non-fulfillment of the terms of the Agreement on tourist services by the Contractor in the manner established by the legislation of the Republic of Kazakhstan;
6) amend, supplement, and terminate the Agreement under the terms and in the manner, provided for by the legislation of the Republic of Kazakhstan;
7) refuse to perform the Agreement before the start of the trip, provided that the Contractor is paid for the actual expenses incurred for services, rendered before the notification of refusal to perform the Agreement;
8) assistance from the state authorities of the Republic of Kazakhstan in obtaining legal and other types of assistance for foreign tourists;
9) unimpeded access to available means of communication;
10) receive emergency medical care;
11) rights defined by the legislation of the Republic of Kazakhstan and the country (place) of stay.
7. During the trip, including transit, the Consumer is obliged to:
1) comply with the legislation of the country (place) of temporary stay;
2) preserve the environment, treat natural, historical, and cultural monuments in the country (place) of temporary stay with care;
3) comply with the rules of entry and stay in the country (place) of temporary stay, as well as exit from the country (place) of temporary stay and in transit countries;
4) observe personal safety rules during the trip. Consumers intending to travel to a country (place) of temporary stay are required to undergo prophylaxis in accordance with international medical requirements, as per paragraph 6 of Article 26 of the Law of the Republic of Kazakhstan "On Tourist Activities in the Republic of Kazakhstan";
5) as well as obligations defined by the legislation of the country (place) of stay.
8. The Contractor has the right to refuse to perform the Agreement only on the condition of full compensation to the Consumer for damages caused by the termination of the Agreement, except in cases where this occurs due to the fault of the Consumer.
9. The Contractor is obliged to:
1) properly, qualitatively, and timely provide the services under the Agreement;
2) provide the Consumer with necessary and reliable information about the program of the tourist trip, the tour operator that formed the tourist product, the receiving party, and the need to provide a certificate of life and health insurance (in cases provided for by international agreements, the legislation of the country (place) of temporary stay);
3) request the name of the insurance company with which the tourist traveling abroad intends to conclude a mandatory tourist insurance contract;
4) provide the Consumer with written information three days before the start of the trip about the features of the trip, including necessary and reliable information about the rules of entry, exit, and stay in the country (place) of temporary stay, legislation, customs of the local population, religious rites, shrines, natural, historical, cultural monuments and other tourist attractions under special protection, the state of the environment, as well as dangers they may encounter during the trip, and take preventive measures aimed at ensuring the safety of tourists;
5) issue a tourist voucher (when selling a tourist product, formed by a tour operator in the field of outbound tourism);
6) issue a tourist code (when selling a tourist product, formed by a tour operator in the field of outbound tourism);
7) issue the Consumer an individual or group (when serving a tourist group) transportation document (ticket), containing the names of the points of departure and destination, basic rights and obligations of passengers, when transporting passengers by any means of transport;
8) provide information about third parties providing individual travel services included in the tourist product;
9) notify the Consumer of the need to submit documents for a visa in a timely manner (in cases where a visa regime is in effect). If the Consumer violates the specified deadline, the Contractor is not responsible for the untimely receipt of the visa. In this case, the Consumer bears all actual expenses at their own expense;
10) in case of changes to the circumstances provided for by the Agreement, and the need for significant changes to the terms of the Agreement within 1 (one) calendar day, notify the tourist in writing about the nature of such changes and possible consequences;
11) immediately inform the authorized body in the field of tourist activities and the authorized body in the field of civil protection, as well as members of the Consumer's family specified in paragraph 2 of this Agreement, from the moment they learned or should have learned about an emergency involving the Consumer during the trip. If an emergency occurs with foreign tourists on the territory of the Republic of Kazakhstan or with tourists who are citizens of the Republic of Kazakhstan outside the Republic of Kazakhstan, the Contractor is also obliged to inform the diplomatic service authorities;
10. Either Party may demand changes or termination of the Agreement due to significant changes in the circumstances that were the basis for concluding the Agreement. Significant changes in circumstances include conditions defined in paragraph 4 of Article 17 of the Law of the Republic of Kazakhstan "On Tourist Activities in the Republic of Kazakhstan".
11. Neither Party may transfer or assign its rights or obligations under the Agreement to third parties.
12. The Tour Operator bears liability provided for by the laws of the Republic of Kazakhstan to the tourist for non-performance or improper performance of obligations under the tourist service agreement (including for non-provision or improper provision of services to tourists included in the tourist product, regardless of who was supposed to provide or provided these services), in accordance with paragraph 3 of Article 15 of the Law of the Republic of Kazakhstan "On Tourist Activities in the Republic of Kazakhstan".
13. In case of impossibility to perform the Agreement due to the fault of the Consumer, the travel services are subject to payment in full, unless otherwise provided by legislative acts or the Agreement on the provision of services for compensation, in accordance with paragraph 9 of Article 17 of the Law of the Republic of Kazakhstan "On Tourist Activities in the Republic of Kazakhstan".
14. In case the impossibility to perform the Agreement arises due to circumstances for which neither Party is responsible, the Consumer shall reimburse the Contractor for the actual expenses incurred, in accordance with paragraph 10 of Article 17 of the Law of the Republic of Kazakhstan "On Tourist Activities in the Republic of Kazakhstan".
15. The responsibility for the transportation and safety of cargo not presented for weighing lies with the Consumer. If the Contractor has issued a ticket, baggage receipt, or cargo waybill for the cargo accepted for transportation, but they are incorrectly executed or lost, or for any other reason cannot be presented, the transportation agreement remains in force.
16. The Contractor is not responsible for damage incurred by the Consumer during the trip due to force majeure.
17. Measures of liability of the Parties not provided for in the Agreement shall be applied in accordance with the norms of civil legislation in force in the territory of the Republic of Kazakhstan.
18. In case the Consumer purchases a tourist product in accordance with the provisions of the Rules for Subsidizing the Cost of a Ticket,
included in the tourist product, for air transportation of minor passengers within the territory of the Republic of Kazakhstan (approved by the Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated December 7, 2021, No. 375), hereinafter referred to as the Rules, the Consumer is obliged to provide the Contractor with copies of the necessary documents, in accordance with the Rules, including but not limited to, boarding passes for air transportation of minor passengers, as well as accompanying persons. In case of violation by the Consumer of their obligations, and/or failure to provide copies of the necessary documents, the Consumer is obliged to compensate the Contractor for all damages caused thereby, including but not limited to, the cost of tickets for air transportation of minor passengers.
18-1. In case the Consumer, for any reason, does not arrive on the specified date and place for the start of the trip, which resulted in their delay for the departure of the transport and/or the impossibility of transporting the Consumer, the Consumer is obliged to independently and at their own expense arrange for their transportation to the place of stay, points of stay along the tourist route, and visits to tourist attractions. In this case, the Contractor is not responsible and does not reimburse and/or refund the Consumer for the cost of the purchased tourist product.
19. Disputes arising from the Agreement shall be resolved in accordance with the current legislation of the Republic of Kazakhstan.
20. All additions and/or changes to the Agreement shall be made in writing by concluding an additional agreement, signed by both Parties, and shall form an integral part of the Agreement.
21. The Agreement is made in two copies in Kazakh and Russian languages, having equal legal force.
22. Appendix 1 is attached to the Agreement.
23. The Agreement is effective from the date of its signing and until the Parties fully fulfill their obligations under the Agreement to each other.
Appendix No. 1 to the Agreement
1. The provided travel services are part of the tourist product formed by the tour operator LLP "SkyWay LTD".
2. Description of travel services according to the program of the paid tour.
3. Date, start and end time of the trip according to the program of the paid tour.
4. Information about the Consumer's accommodation according to the program of the paid tour.
5. Transportation services for the Consumer according to the program of the paid tour.
6. Availability of a guide, tour leader, and tourism instructor according to the program of the paid tour.
7. Additional services according to the program of the paid tour.
8. Features of the trip according to the program of the paid tour.
9. Information about third parties providing individual services included in the tourist product to the extent necessary to fulfill obligations under such an agreement according to the program of the paid tour.
10. Information about consular, diplomatic, other state representations of the Republic of Kazakhstan, as well as tourist representations, located in the country (place) of temporary stay according to the program of the paid tour.
11. The cost of providing travel services under the Agreement is established by the tour operator according to the program of the paid tour.
12. The procedure for payment of the cost of travel services under the Agreement The Consumer, on the date of signing the Agreement on tourist services, transfers to the bank account (deposits into the cash desk) of the Contractor an advance payment for the cost of providing travel services under the Agreement in the amount of at least 50% of the cost of the purchased travel services. The remaining amount of the cost of the purchased travel services is paid by the Consumer no later than 7 days before the start of the trip.
Important condition:
Unless otherwise provided by the payment instructions, if the Consumer cancels a reservation made using the Contractor's Website/Services, the paid amounts are refunded to the payment card used for the booking, with the deduction of expenses and penalties.
The deducted expenses and penalties are as follows:
if the reservation is canceled at least 14 days before the start of the services - without deduction of penalties,
if the reservation is canceled from 14 to 5 days before the start of the services - with a deduction of 50% of the payment amount,
if the reservation is canceled 4 or fewer days before the start of the services - with a deduction of 100% of the payment amount.
Depending on the specific situation, penalties may be changed and are considered separately in each case.
"Acceptance of the offer" - the response of the Website User/Consumer about accepting the terms of the Agreement by performing the following actions:
• continuing to use the Website (access or re-access to the Website), and / or
• registering/authorizing on the Website, and / or
• creating a Booking or ordering Additional Services, and / or
• sending a request to the Contractor's Support Service, and / or
• leaving a review on the Website and / or
• sending a message to the Contractor's email address specified on the Website.
Acceptance of the Agreement and the User's/Consumer's consent to join the terms of the Agreement are the actions of the User/Consumer in the Booking System aimed at searching, booking, and/or purchasing Tickets, and/or registering on the Website, and/or entering data about the User/Consumer on the Website/Personal Account and/or authorizing the User/Consumer on the Website and/or placing an Order.
By accepting, the User/Consumer:
• Confirms that they have read the entire text of the Agreement and fully agree with its terms;
• Confirms that they have independently studied, understood, and accept the terms of the Carrier's Rules, including those related to the application of tariffs to the Ticket, conditions for its refund and exchange;
• Confirms that the Services are purchased by the User/Consumer exclusively for personal purposes, not related to entrepreneurial activities.
Acceptance of the offer means full, unconditional, and without any changes acceptance by the User/Consumer of the terms set forth in the Agreement. Acceptance of the offer gives rise to legal consequences for the parties in accordance with the terms specified in the Agreement.
Activation of the User's/Consumer's Personal Account on the Website (hereinafter - Registration) and its further use is a confirmation of the User's/Consumer's consent to all terms of the Agreement. Registration data is generated (created) on the Website based on the data entered by the User/Consumer, which includes the User's/Consumer's registration data (IIN, contact details, etc.). The Contractor is not responsible for the accuracy of the User's/Consumer's registration data.
The Website allows Users/Consumers, using the Website's functionalities, to perform electronic transactions, receive information, etc.
The User's/Consumer's registration data when using the Website and when transmitting any order for execution are recognized as the equivalent of the User's/Consumer's handwritten signature.
Contractor's Details
LLP "SkyWay LTD"
BIN 180640028224
Address: Almaty, Medeu District, Kazbek bi St. 22, office 111
Email: info@skyway.kz
JSC "Bank CenterCredit"
BIC/SWIFT: KCJBKZKX
KZ578562203112344737
