Limited Liability Partnership "QAZWAY (KAZWEI)", hereinafter referred to as the "Seller", on the one hand, and any person who accepts this offer on the conditions specified below, hereinafter referred to as "the Customer", on the other hand, together referred to as the Parties, have concluded this agreement as follows.
Site visitor is the person who came to the site https://qazway.com/without the purpose of purchasing the Service or ordering the Order.
The user is an individual, a visitor of the Site who accepts the terms of this Agreement and who wishes to purchase the Service or place an Order in the QAZWAY online store.
The Buyer is the User who paid for the Service, or placed an order in the Internet-shop "QAZWAY".
Seller - Limited Liability Partnership "QAZWAY" (BIN 171140032611, location: 010000, Astana, A. Tokpanova str., 41, settlement 1/1).
Online-shop - Internet site owned by "QAZWAY", located on the Internet at: https://qazway.com/, where the Services offered by the Seller for purchase are presented, as well as the terms of payment and purchase of the Services by the Buyer.
Website - https://qazway.com/
Services - tourist products submitted for sale on the Site.
Order - a duly executed Buyer order for the purchase of the Service selected on the Site.
Payment - a payment made by the Buyer due to the Service purchased on the Site.
Expedition - a trip in jeeps according to the route determined in advance by the Seller.
1. General Provisions
1.1. The terms of this Agreement are a public offer (in accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, a public offer is a proposal containing all the essential terms of the contract, from which the will of the person making the offer is seen to conclude the contract on the conditions specified in the offer with anyone who responds on this offer) the Seller to an unlimited number of consumers (tourists) interested in purchasing tourist services from the Seller on the terms specified in this Agreement.
This contract is available on the Seller's website https://qazway.com/
1.2. This contract is considered concluded from the moment of its acceptance by the Customer and is valid until the parties fulfill all their obligations under this Agreement. Acceptance of this public offer and its acceptance create obligations for the Parties, regardless of its signing by the Parties.
Acceptance is the answer of the person to whom the offer is addressed, about its acceptance. The acceptance must be complete and unconditional. Making the acceptance of this public contract - an offer, the Customer confirms his legal capacity and legal capacity, as well as his legal right to enter into a contractual relationship with the Seller. Full and unconditional agreement to enter into the Agreement (hereinafter referred to as the Acceptance) is registration on the Site and / or payment.
1.3. This Agreement is an agreement of accession. The fact that the conditions set forth below is accepted and the acceptance of this public offer is the order of services and their subsequent payment (in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan). This Agreement is a multilateral transaction consisting of an accepted public offer and its integral parts in the form of descriptions of tours, information sheets and messages, lists of necessary equipment, certificates of work performed, etc., posted on the site https: //qazway.com/ and / or sent to the customer by e-mail and / or transmitted to the customer in hard copy.
1.4. After receipt of the application for reservation of tourist services, all information presented in the application and in the Confirmation is the basis of the agreement between the Seller and the Customer. At the same time, any person indicated in the payment document on behalf of which the payment under this Agreement (the payer) is made under the Customer (the party under the Contract) is considered, and if the payment is made for a third person (and this follows from a payment or other official document), then The customer under this Agreement is the person for whom payment was made.
2. Subject matter of the agreement
2.1. In accordance with this Agreement, the Seller undertakes obligations for the selection and implementation of tourist services to the Customer (hereinafter - the Service), and the Customer undertakes to pay for the Service.
2.2. In the event that the Customer acts on behalf of and in the interests of other persons (hereinafter referred to as tourists), the list of these persons is given in the Booking Confirmation.
2.3. The seller carries out the implementation of the Tour on his own behalf.
3.Price price and payment procedure
3.1. The total price of the service is indicated in the Booking Confirmation. Settlements between the Parties are made in tenge at the rate of the Central Bank of the Republic of Kazakhstan + 2.8% (bank commission) as of the date of invoicing.
3.2. The Customer shall pay to the Seller a 100% payment for the Service and an advance payment of not less than 50% of the total price to the Service in the Expedition format within 3 (three) business days from the receipt of the Booking Confirmation, but not later than 15 working days prior to the beginning of the Expedition. The remaining amount is paid no later than 10 days before the beginning of the Expedition.
The order, size and terms of payment can be indicated by the Seller in this public offer and / or in the description of the Service posted on the site https://qazway.com/ and / or sent to the customer by e-mail and / or transmitted to the customer in hard copy.
3.3. In the event that the procedure and terms of payment specified in this offer or in the description of the Service differ from the order and payment terms specified in the Booking Confirmation, the parties shall be guided by the order and payment terms specified in the Booking Confirmation.
4. Rights, duties and responsibilities of the Parties, the procedure for implementing the Services
4.1. The seller must:
Book a selected and selected by the Customer Service;
Timely make the registration of the Service;
Ensure the transfer of the necessary documents of the Customer for visa processing (if necessary);
Immediately notify the Customer of changes in the composition of the Service;
Provide the Customer with necessary and reliable information about the Service in the form of descriptions of the Service, information sheets at the place and time of the meeting, a list of necessary equipment, etc., posted on the site https://qazway.com/, as well as provided via other electronic communication channels, including by means of electronic mail;
To notify the Customer of the order and time of issuance of transportation documents, insurance policy, voucher, information booklets and other materials necessary for travel (hereinafter referred to as "Accompanying documents"), if any are requested and paid for in an additional service;
Ensure the transfer of the accompanying documents to the Customer and / or tourists.
4.2. The Seller has the right:
in the event of a violation by the Customer of the terms of payment under this agreement, to cancel the reservation of the Service with withholding from the Customer of penalties in accordance with this agreement as a refusal of the Customer from the Service unilaterally.
In case of unforeseen introduction of new or increasing current taxes and fees and (or) a sharp change in the exchange rate of the national currency (more than 20% compared to the current ones at the moment of booking the Service), the Seller has the right to demand changes in the terms of payment for the tour, To the customer of the invoice for additional payment of the difference in the cost of the Service. In case of non-payment by the Customer of this account within 10 working days from the moment of its receipt, this Agreement shall be considered terminated from the next day after the Customer fails to fulfill its obligations to pay the invoice for the additional cost of the Service. In this case, the Seller must return the paid money to the Customer after deduction of the actual costs incurred by the Seller for the organization of the Service.
4.3. The customer and / or tourists have the right:
terminate the Agreement unilaterally without explanation of the reasons, with the application of penalties in accordance with this agreement.
4.4. The customer and / or tourists are obliged:
make payment in accordance with the terms of this contract;
to provide the Seller with the documents necessary for the execution of this agreement, in the proper condition and in accordance with the requirements of the legislation of the Republic of Kazakhstan and (or) other state and to provide the information required by the Seller;
follow the safety rules on the route, the rules for driving vehicles, rules of conduct on the water, in mountain trekking, etc., as well as the compulsion to follow the instructions of the representatives of the Seller;
warn about the presence or absence of diseases that prevent the transfer of normal for this type of service loads;
to get acquainted with the information provided by the Seller on the site https://qazway.com/, as well as provided via other electronic communication channels, including by e-mail.
4.5. The customer is warned that the Seller is not responsible for the failure of the trip due to the provision by the Customer of unreliable information and / or inaccurate or incorrectly issued documents necessary for the journey.
4.6 If the embassy or consulate of the country of temporary residence refuses to issue an entry visa, or if it is delayed, the actual expenses incurred by the Customer in connection with this are compensated by the insurance company in accordance with the conditions for the insuring of the risk of inability to travel ("travel insurance"). In the absence of such insurance, as well as in cases where an entry visa is issued by the Customer on its own, the Customer himself incurs expenses that arose as a result of refusal to issue an entry visa or delay in issuing it.
4.7. The Seller is not responsible for the Customer's refusal of the Service for reasons of illness, changes in the conditions of leave and other circumstances objectively making it impossible for the Customer to leave the Service program.
Compensation for actual expenses incurred by the Customer in connection with the refusal of the Service is made by the insurance company in accordance with the conditions of the risk insurance of the inability to travel ("travel insurance"). In the absence of such insurance, the Customer shall bear the costs incurred as a result of the refusal of the Service, including penalties in accordance with this agreement.
4.8. The Customer grants his consent to the processing and transfer of his personal data to third parties (Seller, carriers, staff of accommodation facilities, etc.) for the performance of the contract (including for the purposes of issuing visas, travel documents, hotel reservations, etc .).
The Customer confirms that he has received consent from all the Customer's tourists specified in the Booking Confirmation for the processing and transfer of personal data to third parties (Seller, carriers, accommodation facilities, etc.) for the performance of the contract (including for the purposes of registration of visas, travel documents, hotel booking, etc.).
In case the consent to the processing of personal data was withdrawn by the Customer's tourists, and he did not notify the Seller about it or if the Customer misinformed the Seller about the presence of the above consent of the Customer's tourists / and as a result the Seller was liable for damages, the Customer undertakes to compensate the Seller for all losses incurred.
4.9. Weather conditions can not be the reason for the Customer's refusal to comply with this agreement, provided that the safety of tourists normally used in the implementation of such Services is ensured.
4.10. In the event of non-fulfillment and / or improper performance by the Customer of obligations under this agreement, including obligations for the timely provision of information, the Seller has the right to regard this fact as a unilateral refusal of the Customer to perform this contract, or as the impossibility of executing the contract through the fault of the Customer with the application of the consequences established by law Republic of Kazakhstan and this Treaty.
5. The order of rendering of services
5.1. The Customer selects the Service independently on the site https://qazway.com/ or with the help of the Seller's employees. After selecting the Service, the Customer sends a request to the Seller for the Service using e-mail or other communication channels.
5.2. The Seller informs the Customer about the possibility of booking and paying for the Service by sending an Acknowledgment containing the conditions of the Service to the Customer and submitting the invoice to the Customer for payment.
5.3. The customer makes payment in the order and terms indicated in the invoice.
6. Term and Termination of this Agreement
6.1. This contract, being a public offer of the Seller, comes into force from the moment of its acceptance, and is valid until the Parties fulfill their obligations under this Agreement in full.
6.2. The Contract can be terminated by the Customer at any time without explaining the reasons for termination by sending an application for termination to the Seller. In this case, the Customer shall be refunded the amount deposited by the Customer after deducting the costs actually incurred by the Seller related to the provision of tourist services to the Customer and / or tourists, as well as the amount of the fine.
The Customer's application for amendment or termination of the contract shall be deemed to be sent to the Seller in the proper manner if they are received by means of communication (login and password on the website, e-mail) specified in the requisites of this Agreement and are considered received and agreed with the Seller when the Seller sends a reply to the Customer on approval of the Customer's application in the manner specified in this paragraph.
6.3. For the cancellation of the contract / cancellation of the reservation at the initiative of the Customer, the Seller establishes the following penalties:
Free cancellation of booking more than 25 calendar days prior to the commencement of the Service;
20% of the cost of the Service upon refusal in the period from 24 to 20 calendar days inclusive before the start of the tour;
50% of the cost of the Service upon refusal in the period from 14 to 8 calendar days inclusive before the beginning of the Service;
75% of the cost of the Service upon refusal in the period of 7 and less calendar days prior to the commencement of the Service.
6.3.1. The amount of penalties for cancellation of the contract / cancellation of the reservation on the Customer's initiative can be indicated by the Seller in this public offer and / or in the description of the Service posted on the site https://qazway.com/ and / or sent to the Customer by e-mail and / The customer in hard copy.
6.4. The Contract can be terminated by the Seller at any time before the Customer receives confirmation in the event of the Seller's refusal to perform the Service. In this case, the Customer shall be refunded all funds deposited by the Customer on the date of termination of the contract.
6.5. Obligations for the selection and implementation of the Customer Services are deemed to be rendered by the Seller upon delivery of the relevant documents to the Customer (tourist) (tourist voucher with information about the Service). The method of transmission can be any: by email, regular mail, in person or otherwise.
7. Settlement of disputes
7.1. In the event of failure to provide or improper provision of the Services, the Customer shall be entitled to present a written claim to the Seller within 20 days from the expiration of the validity of this contract, which is obliged to give an official response to it within 10 days.
7.2. In the case of non-resolution of disagreements through negotiations, the dispute is subject to review in the court at the location of the Seller.
8. Requisites of the Seller
Legal address: Republic of Kazakhstan, Astana, A. Imanov Street, 19
Actual address: RK Astana, st. A. Tokpanov, 41, bp. 1/1
Phone: 8 (7172) 79-44-45