Contract (public offer) for provision of tourist services.

Kat’n’Go IE, located at the following address: Republic of Kazakhstan, East Kazakhstan Region, Katon-Karagay district, Katon-Karagay village,  Moldagulova str., 39A, hereinafter referred to as Contractor, proposes any physical person, individual entrepreneur or legal entity (hereinafter referred to as Customer) to make a Contract for selling Tourist product at conditions specified below.

As set out in Clause 395 of Civil Code of the Republic of Kazakhstan, this document is a proposal (public offer) sent to unlimited range of persons for making a Contract with any person that expresses interest in purchasing Tourist Product at conditions specified below.

Acceptance of the terms and conditions of this public offer shall be made by submitting a response. The response must be full and unconditional. This offer is also considered as “accepted” if Customer takes actions written in Section 7 of this public offer.

TERMS USED IN THIS PUBLIC OFFER

The terms used in this offer shall be treated in accordance with the definitions provided below. Should there be no special definitions, separate terms and clauses shall be treated verbatim. Terms and Definitions have same meaning whether used in singular or plural form and in masculine or feminine form.

Offer Acceptance - response from the offer addressee with offer acceptance. The response must be full and unconditional. This offer is also considered as “accepted” if Customer takes actions written in Section 7 of this public offer.

Contract - this agreement between Parties on all material conditions of services, made in form of public offer, followed by full and unconditional acceptance of the offer by the Customer.

Customer - an individual above 18 years of age who requests Tourist Services from the Contractor and makes payment for the Services. The Customer can be either Tourist or an authorized person.

Application – a written request for the Contractor’s services (including via the Website, e-mail or any other means of data transmission on the Internet).

Contractor - Kat’n’Go IE

Offer – this public offer (proposal) for the Contractor’s services, addressed to an unlimited range of persons, posted on the Website and in the Contractor’s Office, in accordance with the legislation of the Republic of Kazakhstan.

Office - actual location of the Contractor.

Website User - an individual who has logged in (visited) the Website.

Website -  the Contractor's website at https://katongo.kz

Information about the Customer and (or) the Tourist - information to the extent necessary for the execution of the Contract and that is specified in the Application, which is filled out by the Customer in electronic form on the Contractor's Website and issued to the Customer after payment for the Tourist Services.

Parties – a concept that simultaneously/jointly means the Customer (Tourist) and the Contractor.

Tour – a tourist trip along a specific route at specific times that is provided by a set of Tourist Services from the Contractor.

Tourist – an individual who is carrying out or wishes to carry out a trip not related to entrepreneurial activity.

Tourist Product – a set of Tourist Services that is sufficient to satisfy the Tourist’s needs during the trip.

Tourist Voucher (voucher) – a document confirming the Tourist’s right to Tourist Services included in the tour and confirming the fact of payment.

Tourist Services – services provided by the Contractor in accordance with the legislation of the Republic of Kazakhstan.

PUBLIC OFFER TERMS AND CONDITIONS

1.            Subject

1.1.        General Provisions
This Offer is an official proposal of the Contractor to individuals for the provision of Tourist Services.  The document is published on the Website.

The provisions of this Offer are governed by the laws of the Republic of Kazakhstan, including the Civil Code of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan “On Protection of Consumer Rights”, “On Tourism Activities in the Republic of Kazakhstan” and other regulations.

1.2.        Contract Subject. The Contractor shall provide the Customer with tourist and other services in accordance with the legislation of the Republic of Kazakhstan.

1.3.        In case the Customer requests Tourist Services from the Contractor for a Tourist, and is a legal representative of a minor Tourist, it is assumed that such Customer acts in the interests of the Tourist on a legal basis.

1.4.        All communications and information sent and provided by the Contractor and received by the Customer or at least one of the Tourists specified in the Application shall be deemed to have been sent, provided and received by the Customer and all Tourists.

2.            Obligations of the Parties.

2.1.      The Contractor shall:

2.1.1    bring information about the consumer properties of the Tourist Product  -  the program of stay; itinerary and conditions of the trip, including information on accommodation facilities, accommodation (location of the accommodation facility, its category) and catering; transportation services for the tourist in the area of temporary stay; the availability of a guide; additional service; the rules of stay on the route; the rules of entry to the Republic of Kazakhstan, including visa information; the main documents required; the hazards that the Tourist may encounter; medical, sanitary and other rules (to the extent necessary for the trip); location, postal addresses and contact telephone numbers of public authorities of the Republic of Kazakhstan, to which the Tourist may apply in case of emergency or other circumstances threatening the safety of their life and health, as well as in cases of danger of harm to the Tourist's property; in case the Tourism Product includes an organized trip of a group of underage tourists unaccompanied by parents, adoptive parents, guardians or custodians - address (place of stay) and contact number of the lead of the group.

2.1.2.   give documents certifying the Tourist’s right to receive services included in the Tourist Product, including hotel (or other accommodation facility) bookings for the Tourist in accordance with the booking sheet (Tourist Voucher) to the Customer or the Tourist no later than 24 hours before the start of the trip.

2.1.3.   take necessary actions to ensure the security of the Customer's and (or) Tourist’s personal data, including their processing and use.

2.1.4.   Provide the Customer and/or the Tourist with all the services included in the Tourist Product, independently or with the involvement of third parties, on whom the Contractor shall entrust the fulfillment of part or all of Contractor’s obligations to the Customer and (or) the Tourist.

2.2       Customer/Tourist shall:

2.2.1.   perform payments for the Tourist Product in full and in a timely manner as per the Terms and Conditions herein.

2.2.2.   provide Contractor with documents and information required for Contract execution, Including, but not limited to: information on chronic diseases; dietary restrictions and experiences; special needs; presence of any form of allergic reactions (food, medication, contact, etc.); special needs related to cultural experiences of tourists.

2.2.3.   vacate the accommodation facility (place) on the last day of the stay before the check-out timer; to pay the bills for the services that were provided in the accommodation facility and were not included in the Tourist Product scope.

2.2.4.   immediately inform the Contractor about non-provision or improper provision of services in the Tourist Product scope by third parties that were engaged by the Contractor.

2.2.5.   in advance, prior to the Tour (Trip), read and learn information from the leaflet for Tourists (Travelers) going on a Tour (Trip) in the wildlife environment. The leaflet shall be sent by the Contractor along with the Voucher confirming the payment for Contractor’s services.

2.2.6. in advance, prior to the Tour (Trip), get acquainted with the safety agreement and sign it.
 The safety agreement shall be sent together with the leaflet, if the program of the Tour (Travel) provides for active (adventurous) elements of tourism, involving a risk to the health and life of the Tourists (Travelers).

3.         The cost of Tourist Services and payment procedure.

3.1.      The cost of Tourist services shall be based on costs and tariffs written on the Website. The cost value shall be in RoK national currency - tenge.

3.2.      The Customer selects the Tourist Services on the Website, then books the Services by sending an Application and making payment.

3.3.      In case of an increase in the cost of Tourist Services by the Contractor for objective reasons, the Contractor has the right to offer the Customer a proportional increase in the price of Tourist Services, and the Customer has the right to make an additional payment within 5 (five) days from the date of notification by the Contractor, but no later than 1 (one) business day before the start date of services provision under the Application.

3.4. Payment Terms:           

3.4.1. The Tourist Services shall be deemed as paid upon the payment is received in full at the Contractor’s bank account:

3.4.2. For Tours (Trips) lasting more than for 4 days, the 100% pre-payment of Services to be provided to the Tourist shall be made.

3.4.3. If Tourist (Customer) refuses/cancels the Tour (Trip) more than 7 days before the date of the Tour (Trip) start, the pre-payment shall be returned in full.

3.4.4. If Tourist (Customer) refuses/cancels the Tour (Trip) less than 7 days before the date of the Tour (Trip) start, the Contractor shall return 50% of the pre-payment.

3.4.5. If Tourist (Customer) refuses/cancels the Tour (Trip) 24 hours or less before the date of the Tour (Trip) start, or if Tourist (Customer) does not arrive to the starting location of the Tour (Trip) on time - the Contractor shall withhold 100% of the pre-payment.

4.         Liabilities of the Parties

4.1       Parties in this Contract shall bear liability stipulated by the legislation of the Republic of Kazakhstan and this Contract for non-fulfillment (improper fulfillment) of their obligations.

4.2.      The Contractor shall not be liable for Tourist’s or Customer’s losses resulting from:

4.2.1    Tourist's refusal to take out voluntary insurance for the period of services provision under the Tourist Product or the Tourist's lack of such insurance.

4.2.2.   untimely submission of information by Customer or Tourist about changes in their data.

4.2.3.   mistakes made when filling in the Application, or provision of incomplete and/or unreliable information by the Customer, causing further errors and inaccuracies in the execution of the Application.

4.3.      In case of the Tourist's or Customer's inability to arrive to the starting point of the Tour (Trip) indicated in the voucher provided to the Tourist or Customer, they shall be obliged to inform Contractor with any available mean of connection in advance, but not less than 24 hours before the start of the tour (trip), and make sure that the Contractor has received the information. Otherwise, the provision of Services on Tour (Trip) organization may be withheld.

4.4       Claims to quality of the Tourist Services during the Tour shall be provided by Customer and/or Tourist in writing. Claims to quality of the Tourist Services shall be provided by Customer to the Contractor in writing within 7 days from the date of completion of services under this Agreement.

5.         Insurance

5.1.      In favor of the Tourist and at his request, a voluntary insurance contract may be executed. Terms of such insurance contract shall stipulate the insurer's obligation to make payment and (or) reimburse the costs of paying for medical care in emergency or urgent forms provided to the Tourist upon the occurrence of an insured event resulted from injury, poisoning, sudden acute illness or exacerbation of a chronic illness.

6.         Amendment and termination of the Contract.

6.1.      Tourist and/or Customer shall be entitled to refuse to execute this Contract at any time prior to provision of Tourist Services. The refuse shall be submitted to the Tourist Agent in writing. The refuse shall be sent by express delivery, mail or any other way that would allow to identify the sender. The refuse shall be deemed as active upon Contractor’s receiving of the document.

6.2.      In the event of the Tourist and/or the Customer's refusal of the Tourist Services, the Contractor is obliged to return the funds, but retains the right to demand payment of its actual expenses from the Tourist and/or the Customer incurred in result of organization, payment (prepayment) and provision of services under the Application, including, but not limited to: expenses related to the refusal of transportation (carrier fines, non-refundable carrier tariffs) and accommodation (payments to accommodation facilities in connection with no-show, refusal of quotas of places or part of them in accommodation facilities; cancellation of accommodation later than the terms stipulated by the Contractor's agreements with accommodation facilities, their agents or other persons providing accommodation services). At the same time, the Contractor has the right to withhold the amount of expenses actually incurred by the Contractor from the payments already received from the Customer.

6.3.      The Contractor has the right to refuse to fulfill obligations under the Paid Services Agreement only in case of full reimbursement of the Tourist Services cost to the Customer.

6.4       In case of failure to pay for the Tourist Services in accordance with the terms of this Contract, it shall be considered that the Customer has refused to perform it. This will lead to the consequences written in Clause 6.2 of this Contract.

6.5.      After termination of the Contract, all rights and obligations under it are considered as terminated, except for the obligations of the Parties to make mutual settlements, pay damages, penalties, and fines.

7.         Force majeure

7.1       The Parties shall be released from liability for improper performance or non-performance of obligations under the Contract in an event of force majeure. Following circumstances shall be considered as such: fire, flood, earthquake, snow drifts and other natural disasters; mass diseases; military actions of any nature; terrorist attacks; strikes; decisions of state bodies, changes in the legislation of the Republic of Kazakhstan or the country of stay/transit countries of Tourists; restrictions or cancellation of transport connection; traffic on the roads; other circumstances that the Parties cannot influence and prevent by reasonable measures. The force majeure must be confirmed by competent bodies. Such events must be extraordinary and unavoidable and must occur after Contract execution. Upon occurrence of the above-mentioned circumstances, the term of obligations fulfillment by the Parties under this Contract may be amended in proportion to the time during which such circumstances will be in effect.  Should the Force Majeure circumstances last more than 14 (fourteen) calendar days, each of the Parties shall have the right to refuse any fulfillment of the obligations under the Contract. In this case neither Party shall have the right for compensation of possible losses by the other Party.

8. Use and transfer of Customer’s and/or Tourist’s personal information

8.1 The Customer allows the Contractor to process their personal data and the personal data of the Tourist and/or the Customer, namely: last name, first name, patronymic (middle) name, date of birth, gender, postal address, contact phone numbers, e-mail address. Processing includes collection; systematization; accumulation; storage; clarification (updating, change); use; distribution (including transfer within the territory of the Republic of Kazakhstan and cross-border transfer); depersonalization, blocking, removal of personal data; conducting surveys and researches aimed at improving the quality of services; conducting marketing programs, statistical researches. The Customer hereby expresses consent and permits the Contractor to use their personal data to inform the Customer and/or the Tourist about promotion events and discounts provided by the Contractor, as well as to send holiday greetings to the Customer and/or the Tourist by direct contact with the Customer and/or the Tourist using various means of communication, including, but not limited to: mailing list, e-mail, telephone (including mobile), fax, Internet.

8.2 The Customer and (or) the Tourist agrees that his personal data received by the Contractor may be transferred to third parties, to whom the Contractor may entrust the processing of the personal data of the Customer and (or) the Tourist on the basis of an agreement concluded with such persons, subject to compliance with the requirements of the legislation of the Republic of Kazakhstan on ensuring the confidentiality of personal data and the security of personal data during their processing by such third parties, if it is required for the purposes specified above.

8.3       The consent given by the Customer and/or Tourist for processing of their personal data can be recalled by sending a written application to the Contractor. The Customer’s and/or Tourist’s consent for personal data processing is considered to be recalled after 10 (ten) working days from the date of Contractor receiving such application, unless it is written otherwise in the application.

9.         Other terms.

This contract was executed by Customer’s Acceptance of the Public Offer at the Website. The Public Offer terms and conditions are completely clear to the Customer, and Customer accepts it.

10.       Disputes resolution.

Disputes and disagreements shall be settled in court in accordance with the laws of the Republic of Kazakhstan.

11. Contractor’s details:

070908, Republic of Kazakhstan, East Kazakhstan region,

Katon-Karagay district, Katon-Karagay village,  Moldagulova str., 39A

Banking details:

IIC: KZ39722S000041000070

Bank: Kaspi Bank JSC

BIC: CASPKZKA

Tel.: + 7 (700) 033 47 47

E-mail: info@kgo.kz