Public offer

Public offer for the provision of tourist services by Ak-Sai Travel LLC

This offer establishes the procedure and regulates relations related to the purchase of tourist services by individuals from  Ak-Sai Travel LLC.

1. BASIC CONCEPTS AND DEFINITIONS

The terms used in this offer shall be interpreted in accordance with the definitions below.

Acceptance of the offer – the response of the person to whom the offer is addressed, indicating their acceptance of it. Acceptance of this offer is also recognized as the actions specified in section 4 of this public offer being performed by the person who received the offer.

Customer – a natural person who orders the Operator’s travel services and pays for the provision of such services. The customer may be either the tourist themselves or another authorized person.

Application – a written request for the Operator’s services (including via email, website, and other means of data transmission on the Internet).

Offer – this public offer (proposal) for the sale of the Operator’s services, addressed to an unlimited number of individuals, is posted on the Operator’s website.

Office – the actual location of the Operator.

Website user – a natural person who logs in (visits) the website.

Website – https://ak-sai.com/

Parties – a term that refers to both the Customer (Tourist) and the Operator (Operator’s Employee) simultaneously/jointly.

Tour – a tourist trip along a specific route within a specific time frame, provided by the Operator’s range of tourist services (booking, accommodation, meals, transport, recreation, excursions, and other services).

Tourist – an individual who is traveling or wishes to travel (tourism) within the territory of the Kyrgyz Republic or to another country by ordering, receiving, and paying for the Operator’s services.

Tourist voucher – a document establishing the right of a tourist or group of tourists to tourist services included in the tour and confirming the fact of their provision.

Tourist services – a service or set of services provided by the Operator under the terms of this offer, including accommodation, meals, transportation, information and advertising services, as well as other services provided by the Operator aimed at meeting the needs of tourists, including booking, reservation, purchase/sale:

– airline, train, bus, and ferry tickets;

– accommodation services (including additional services);

– transfers;

– excursions;

– services of guides, interpreters;

– admission tickets to tourist attractions, theaters, cinemas, etc.;

– nutrition;

– other services specified in the Application.

Tourist services may be provided by persons other than the Operator, on behalf of the Operator. “Tourist service” may mean either a single service or a set and/or combination of several services.

Services – tourist and other services (consulting, application processing, etc.) provided by the Operator.

Email – the email address of the Operator and/or the Operator’s Employees, including info@ak-sai.com 

2. GENERAL PROVISIONS

2.1. The provisions of this offer are governed by the Civil Code of the Kyrgyz Republic, the Laws of the Kyrgyz Republic “On Protection of Consumer Rights” and other regulatory legal acts of the Kyrgyz Republic.

2.2. This offer defines the procedure for tourists to purchase the Operator’s tourism product.

2.3. This offer applies to all types of tourist services provided by the Operator.

3. SUBJECT OF THE OFFER

3.1. Under the terms of this offer, the operator provides travel and other services (consulting, application processing, etc.). The Customer purchases such services on the basis of a written Application from the Customer in accordance with the terms of this offer, by actually ordering services at the Operator’s Office, through the Operator’s website, by email, or using other means of communication on the Internet.

3.2. The Operator guarantees that it has all the necessary permits and licenses to carry out activities in accordance with the terms of this offer.

4. OFFER AND ACCEPTANCE OF THE OFFER

4.1. This public offer is posted on the Website and at the Operator’s Office, and may also be sent by other means, at the request of the person for whom it is intended. This offer is irrevocable during its term, except in cases of its withdrawal by the Operator, of which the Operator shall notify the addressees within 5 days from the moment of its withdrawal by posting a corresponding notice on the Website and at the Operator’s Office. Acceptance of the offer sent after its withdrawal does not bind the Operator to fulfill it, except in cases specified by the Operator in the relevant notices of withdrawal of the offer.

4.2. The terms of this offer may be changed exclusively by the Operator. Any messages, comments, or additions made by the Customer (if any) upon acceptance, ordering, or payment for goods do not constitute changes to its terms and do not affect the provisions of this offer.

4.3. A response agreeing to conclude a contract on terms other than those proposed in the offer does not constitute acceptance.

4.4. Acceptance is recognized as the response of the person to whom the offer is addressed, indicating their acceptance of it. Acceptance must be complete and unconditional.

4.5. This offer shall come into force upon the Customer performing one of the following actions, which shall constitute acceptance, depending on which action is performed first:

4.5.1. From the moment certain services are ordered through the Website;

4.5.2. From the moment of submitting an Application for the Operator’s tourist services;

4.5.3. From the moment the final tour program is approved;

4.5.4. From the moment the Customer sends a copy of the Tourist’s passport and other documents to the Operator or the Operator’s Employee;

4.5.5. From the moment the deposit is made or payment is made;

4.6. Despite the entry into force of this offer in accordance with clause 4.5 of this offer, the Operator’s obligations to the Customer arise only if there is a properly executed Application from the Customer and actual payment for the Operator’s services, to which the Customer unconditionally agrees when accepting the offer.

5. ПОРЯДОК ЗАКАЗА УСЛУГ

5.1. The Operator’s services can be ordered by:

5.1.1. The Website;

5.1.2. at the Operator’s Office;

5.1.3 exchanging letters (messages) via email and other means of data transmission on the Internet.

6. PROCEDURE FOR PROVIDING SERVICES

6.1. Services are provided by the Operator on the basis of the relevant Application signed by the Operator (Operator’s Employee) and the Customer, or confirmed by the Customer;

6.2. Changes to the tour at the initiative of the Customer after its confirmation by the Customer may be made, the Customer (Tourist) is obliged to adhere to the agreed tour itinerary or place an additional order. In this case, the amount paid for the initial order is not refundable or transferable. In all cases, changes to a confirmed Application at the initiative of the Customer (Tourist) are at the discretion of the Operator.

6.3. In exceptional cases, if it is impossible to fulfill a confirmed Application at the initiative of the Customer (Tourist), but with mandatory notification within a reasonable time.

7. PAYMENT PROCEDURE

7.1. When ordering services, after submitting an application, the customer undertakes to pay a deposit of 30% of the tour price no later than 14 days before the start date of the services, in accordance with Article 354 of the Civil Code of the Kyrgyz Republic, as well as full payment of 100% of the tour price no later than 7 days before the start of the tour. The specified deposit amount shall be credited towards the payment for the Operator’s services.

7.3. In case of refusal of the Operator’s services during the service agreement process, the deposit paid shall not be refunded. The Operator reserves the right to review this condition upon written request from the Customer, but in any case, the amount of actual expenses incurred by the Operator shall be deducted from the deposit amount. If the amount of actual costs incurred by the Operator prior to the Customer’s refusal to participate in the tour exceeds the amount of the deposit paid, the Customer undertakes to cover such costs in full within 3 days from the date of refusal to participate in the tour.

7.4. Payment shall be made in the form of a 100% advance payment, taking into account any deposit previously made.

8. RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. Operator shall:

8.1.1 Require the Customer to properly perform its obligations;

8.1.2 Not to commence the provision of services in the event of non-payment or failure to provide the necessary documents (information) within the established time limits;

8.1.3. In exceptional cases, if it is impossible to provide services by accommodation facilities, transport companies, and other persons engaged by the Operator to provide services, to make changes to the tour program without agreeing such changes with the Customer, but with mandatory notification of the Customer within a reasonable time.

8.2. The Operator undertakes to fulfill its obligations properly and in a timely manner.

8.3. The customer has the right to:

8.3.1. Require the Operator to properly perform its obligations;

8.3.2. Make suggestions to the tour program before it is finalized.

8.4. The Customer undertakes to:

8.4.1. Perform the obligations assumed in a proper and timely manner;

8.4.2 Pay for the services in full under the terms of this offer;

8.4.3. Comply with the rules of stay in the country where the tour takes place;

8.4.4. To be solely responsible for any damage caused by the Customer (Tourist) during the tour, as well as for any violation of the rules of stay. If the Customer and the Tourist are different persons, they shall be jointly and severally liable to the Operator;

8.4.5. Provide all information and documents necessary for the provision of services and be responsible for their relevance and accuracy;

8.4.6. Immediately notify the Operator or the Operator’s Employee of any changes/errors in the submitted documents;

8.4.7. Ensure that Tourists have medical insurance for the entire duration of the tour;

8.4.8. Read the information materials on the terms and conditions of travel and comply with the conditions set forth therein.

8.5. The parties may have other rights and obligations in accordance with the applicable laws of the Kyrgyz Republic.

9. CANCELLATION POLICY

9.1. In the event of cancellation of the tour at the initiative of the Customer, the Operator shall be entitled to apply the following penalties:

9.1.1 cancellation of the tour more than 30 days before its start – in the amount of the advance payment;

9.1.2. cancellation of the tour between 15 and 29 days prior to the start of the tour – 30% of the tour price, or the amount of the advance payment, whichever is higher;

9.1.3. cancellation of the tour within 7-14 days prior to the start of the tour – 50% of the tour price, or the amount of the advance payment, whichever is higher;

9.1.4. cancellation less than 6 days before the start of the tour – 80% of the tour price, or the amount of the advance payment, whichever is higher;

9.1.5. cancellation of airline or railway tickets – in the amount of their full cost.

9.2. Any cancellation of a tour, regardless of the timing of the cancellation, must be made in writing and sent to the Operator or the Operator’s Employee directly by the Customer.

10. RESPONSIBILITY OF THE PARTIES

10.1. The parties shall be liable in accordance with the applicable laws of the Kyrgyz Republic unless otherwise specified in this offer.

10.2. The Operator shall not be liable for:

10.2.1 equipment and furnishings of rooms, operation of communications, actions of personnel, organization of meals and other services of accommodation facilities and other facilities visited by the Customer during the tour.

10.2.2. delays and/or cancellations of flights or train journeys, actions of the crew and other passengers, airport and railway station staff, accommodation, equipment, and catering on board, actions of the border and customs services of the relevant countries;

10.2.3. delays and/or cancellations of ground transportation for reasons beyond the Operator’s control;

10.2.4. actions of embassies and consulates in relation to the issuance of visas, the collection of consular fees, changes to the requirements for documents to be submitted, etc.;

10.2.5. changes to the tour program for reasons beyond the Operator’s control;

10.2.6. changes to the excursion program, inaccessibility of certain tourist sites due to actions of state authorities, replacement of the guide, etc.;

10.2.7. accidents (injuries, poisoning, illness, loss of personal belongings and documents, etc.) that happen to the Customer/Tourists during the tour (although the Operator will provide all necessary assistance in such situations within the limits of its competence and authority);

10.2.8. any damage caused by the Customer/Tourist to third parties, or by third parties to the Customer/Tourist;

10.2.9. safety of the Customer’s luggage (loss or damage), valuables, and documents throughout the entire period of providing tourist services.

10.3. The Customer/Tourist shall bear full financial responsibility for any damage caused by them independently.

10.4. For late payment for the Operator’s services, the Customer shall pay a penalty of 0.5% of the overdue payment amount for each day of delay, but not more than 50% of the overdue payment amount.

11. FINAL PROVISIONS

11.1. The Operator shall be entitled to assign or otherwise transfer its rights and obligations arising from its relationship with the Customer to third parties.

11.2 In the event of any questions or complaints on the part of the Customer, they must contact the Operator by sending an email or by any other available means that allows the Operator to confirm that the message has been sent by the Customer and received by the Operator. The parties shall endeavor to resolve all disputes through negotiation. If the dispute cannot be resolved through negotiation, it shall be referred to a court in accordance with the applicable laws of the Kyrgyz Republic.

11.3. If any provision of this offer is found by a court to be invalid, this shall not affect the validity of the remaining provisions.

11.4. The terms and conditions of this Offer may be changed by the Operator. Such changes shall be binding on the Parties provided that they are published on the Operator’s website and posted at the Operator’s Office.

11.5. The term of this offer is determined by the effective date in accordance with clause 4.5 of this offer, until the completion of services to the Customer.