Aktau, KazakhstanApril 1, 2021
Individual Entrepreneur "Travel to Mangistau," represented by Director Chuishbaev Eduard Esbolatovich.
Address: 130000, Aktau, 11 microdistrict, building 5, office 58,
Phone: +7 702 466 3322
Email: traveltomangistau@gmail.com
Website: traveltomangistau.kz
1. LEGAL REGULATIONArticle 395 of the Civil Code of the Republic of Kazakhstan. Offer
- An offer is recognized as a proposal to conclude a contract made to one or more specific persons if it is sufficiently definite and expresses the intention of the person making the offer to consider themselves bound in case of its acceptance. An offer is sufficiently definite if it contains the essential conditions of the contract or the procedure for determining them.
- The offer binds the sender from the moment it is received by the addressee.
If notice of withdrawal of the offer is received earlier or simultaneously with the offer itself, the offer is considered not received.
- The offer received by the addressee cannot be revoked during the period established for its acceptance unless otherwise stipulated in the offer itself or does not follow from the nature of the offer or the circumstances in which it was made.
- Advertising and other offers addressed to an indefinite circle of persons are considered as an invitation to make offers unless otherwise expressly stated in the offer.
- An offer that contains all the essential conditions of the contract and expresses the will of the person making the offer to conclude a contract on the terms specified in the offer with anyone who responds is considered an offer (public offer).
Article 396 of the Civil Code of the Republic of Kazakhstan. Acceptance
- Acceptance is considered the response of the person to whom the offer is addressed about its acceptance.
Acceptance must be complete and unconditional.
- Silence is not acceptance unless otherwise provided by a legislative act, business custom, or the parties' previous business relations.
- The performance by a person who received the offer, within the period established for its acceptance, of actions to fulfill the conditions of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the corresponding amount, etc.) is considered acceptance unless otherwise provided by law or specified in the offer.
- If notice of withdrawal of the acceptance is received by the person who sent the offer earlier or simultaneously with the acceptance itself, the acceptance is considered not received.
2. SUBJECT OF THE CONTRACT-OFFER2.1. This Contract-Offer of the IE traveltomangistau.kz, represented by Individual Entrepreneur "Travel to Mangistau" (hereinafter referred to as the "Contract-Offer"), constitutes a public offer by the IE and defines the conditions for providing tourist services to the Client (hereinafter referred to as the "Client").
2.2. The Contract-Offer is considered concluded between the IE and the Customer from the moment the Customer performs the actions specified in section 2.1.1 of this Contract-Offer. The Contract-Offer is valid until both parties fully fulfill their obligations.
3. PROCEDURE FOR CONCLUDING A CONTRACT-OFFER3.1. The conclusion of the Contract-Offer means that the Client:
3.1.1. In accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, if the conditions set out below are accepted and the payment for the services is made, the IE, a legally capable individual who accepts this Offer, becomes the Client (tourist) (in accordance with paragraph 3 of Article 396 of the Civil Code of the Republic of Kazakhstan, the acceptance of the Offer is equivalent to the conclusion of a contract on the conditions specified in the Offer), and the IE and the Client together are the parties to the public offer contract.
3.1.2. In connection with the above, carefully read the text of this contract. In case of disagreement with any provision of this contract, the IE suggests that you refrain from using the services.
3.2. Accepts the terms of this Contract-Offer, as well as any additional conditions set by the IE at the time of the Customer's actions necessary for the registration of an order for tourist services, as determined by the IE, including consent to the collection and processing of personal data (if applicable).
3.3. Provides the IE with accurate information necessary to process an order for tourist services, including contact information, passport data, and other information as requested by the IE.
3.4. The Contract-Offer is considered concluded and enters into force from the moment of its acceptance by the Client, namely when the Client agrees to the terms of this Contract-Offer, as indicated in section 2.1.1 of this Contract-Offer. Acceptance is made by the Customer by performing the actions specified in section 2.1.1 of this Contract-Offer.
4. PAYMENT PROCEDURE FOR TOURIST SERVICES4.1. The cost of tourist services and the payment procedure are determined in accordance with the tariffs and conditions set by the Tour Operator at the time of the Customer's order.
4.2. The Customer pays for tourist services according to the invoice issued by the IE. Payment terms and procedures are specified in the "Payment and Refund Rules" section. In case of non-compliance with the specified payment conditions, the IE reserves the right to cancel the order for tourist services.
4.3. Online Credit Card Payment:
Our website is connected to internet acquiring, and you can pay for the service with a Visa or Mastercard bank card. After confirming the selected service, a registration form will open, where you need to provide accurate information in Russian or English: surname and name, contact phone, email address, and the city where you reside. Make sure all information is correct and click the "Proceed to payment" button.
Then, a secure window with the payment page of the Maxpay processing center will open, where you need to enter your credit card details. The 3D Secure protocol is used for additional cardholder authentication. If your bank supports this technology, you will be redirected to its server for additional identification. For information on the rules and methods of additional cardholder identification, please contact the bank that issued your credit card.
4.4. Security Guarantees:
The Maxpay processing center protects and processes information about your bank card in accordance with the PCI DSS 2.0 security standard. The transfer of information to the payment gateway is done using SSL encryption technology. Further transmission of information takes place over closed banking networks with the highest level of reliability. Maxpay does not transfer your card data to us or any other third parties. The 3D Secure protocol is used for additional cardholder authentication.
4.5. Online Payment Security:
The personal information provided by you (name, address, phone, email, credit card number) is confidential and not subject to disclosure. Information about your credit card is transmitted only in encrypted form and is not stored on our web server. The security of online card payments is guaranteed by TOO "Payment Organization Maxpay". All operations with payment cards are carried out in accordance with the requirements of VISA International, MasterCard, and other payment systems. Special security technologies are used for information transmission during online card payments, and data processing is carried out on a secure high-tech server of the processing company.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES5.1.
Obligations of the Tour Operator:5.1.1. The Tour Operator undertakes to provide the Customer with tourist services in accordance with the conditions specified in this contract.
5.1.2. The Tour Operator must provide the Customer with full and accurate information about the services provided, including but not limited to details of the tour, terms, and conditions of the services, as well as prices.
5.1.3. The Tour Operator is responsible for the quality of the services rendered and their compliance with the agreement.
5.1.4. The Tour Operator has the right to change the terms of the agreement, including but not limited to the schedule, route, accommodation, etc., if circumstances arise beyond the Tour Operator's control (force majeure). In this case, the Tour Operator must inform the Customer in a timely manner and offer alternative solutions.
5.2.
Obligations of the Client:5.2.1. The Client agrees to pay for the tourist services in full and in accordance with the established payment terms.
5.2.2. The Client agrees to provide accurate personal information necessary for the provision of tourist services, including full name, contact details, passport information, etc.
5.2.3. The Client agrees to adhere to the established rules of conduct during the tour and comply with the conditions set forth by the Tour Operator.
5.2.4. The Client is responsible for the safety of their personal belongings during the tour.
5.3.
Rights of the Tour Operator:5.3.1. The Tour Operator has the right to change the schedule or conditions of the tour in case of force majeure or if changes are necessary for safety, convenience, or operational reasons.
5.3.2. The Tour Operator has the right to cancel the tour in the event of non-payment by the Customer or failure to comply with the terms of this agreement.
5.4.
Rights of the Client:5.4.1. The Client has the right to receive the tourist services in full, as outlined in this agreement.
5.4.2. The Client has the right to request a refund or cancellation of services if the Tour Operator fails to fulfill the conditions of the contract.
5.4.3. The Client has the right to request assistance from the Tour Operator in resolving any issues or disputes arising during the tour.
6. CANCELLATION AND REFUND POLICY6.1.
Cancellation by the Client:6.1.1. If the Client decides to cancel the booking, they must notify the Tour Operator in writing at least 24 hours before the start of the service. Depending on the time of cancellation, the Client may be entitled to a partial or full refund, minus any non-refundable costs incurred by the Tour Operator.
6.1.2. If the cancellation occurs less than 24 hours before the service, the Client may not be entitled to a refund.
6.2.
Cancellation by the Tour Operator:6.2.1. The Tour Operator has the right to cancel the booking and provide a full refund if the service cannot be provided due to unforeseen circumstances, such as force majeure (natural disasters, technical failures, etc.).
6.2.2. If the Tour Operator cancels the service due to reasons under their control, the Customer is entitled to a full refund or a substitute service of equivalent value.
7. FORCE MAJEURE7.1. Neither the Tour Operator nor the Client shall be held liable for any failure or delay in fulfilling their obligations under this contract if the failure is caused by force majeure events, including but not limited to natural disasters, acts of war, government regulations, labor strikes, or other events beyond their control.
7.2. In case of force majeure, the affected party must notify the other party in writing as soon as possible, and both parties must negotiate an acceptable solution.
8. FINAL PROVISIONS8.1. This agreement is governed by the laws of the Republic of Kazakhstan.
8.2. Any disputes or disagreements arising from this contract shall be resolved through negotiation. If an agreement cannot be reached, disputes will be referred to the court of the Republic of Kazakhstan.
8.3. The Tour Operator reserves the right to amend the terms of this Contract-Offer at any time, without prior notice to the Client. Amendments will take effect from the moment they are published on the Tour Operator's website or made available to the Client in another accessible manner.
8.4. The Client acknowledges that they have read and understood the terms of this contract and agree to them by proceeding with the booking and payment for the services.
9. CONTACT INFORMATIONIf you have any questions or require further clarification regarding this agreement, please contact us using the following details:
Travel to MangystauPhone: +7 702 466 3322
Email: traveltomangistau@gmail.com
Website: traveltomangistau.kz