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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. Key Terms and Definitions
The terms used in this offer shall be interpreted in accordance with the definitions below.
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 Consumer Rights Protection,” and other regulatory legal acts of the Kyrgyz Republic.
2.2. This offer defines the procedure for Tourists to purchase the Operator’s tourist products.
2.3. This offer applies to all types of the Operator’s tourist services.
3. SUBJECT OF THE OFFER
3.1. Under this offer, the Operator provides tourist and other services (consultations, request processing, etc.), and the Client purchases such services based on the Client’s written Request in accordance with this offer, by ordering services at the Operator’s Office, via the Operator’s website, e-mail, or other Internet transmission methods.
3.2. The Operator guarantees that it has all necessary permits and documents to conduct activities under this offer.
4. OFFER AND ACCEPTANCE
4.1. This public offer is published on the Website and at the Operator’s Office and may also be sent upon request to the person for whom it is intended. This offer is irrevocable during its term, except in cases of withdrawal by the Operator, in which case the Operator notifies the recipients within 5 days by placing the relevant notice on the Website and at the Office. Acceptance of the offer after its withdrawal does not obligate the Operator, except as specified in the Operator’s withdrawal notices.
4.2. The terms of this offer may only be amended by the Operator. Any messages, comments, or additions made by the Client upon acceptance, ordering, or payment do not constitute changes to the offer.
4.3. A response agreeing to enter into a contract on different terms than offered does not constitute acceptance.
4.4. Acceptance is recognized as a full and unconditional response by the person to whom the offer is addressed.
4.5. This offer comes into force when the Client performs one of the following actions, whichever occurs first:
4.5.1. Ordering specific services via the Website;
4.5.2. Submitting a Request for the Operator’s services;
4.5.3. Approval of the final tour program;
4.5.4. Sending a copy of the Tourist’s passport and other documents to the Operator or its Employee;
4.5.5. Making a deposit or full payment.
4.6. Despite the entry into force of this offer under clause 4.5, the Operator’s obligations arise only upon proper submission of the Request and actual payment for the Operator’s services, which the Client unconditionally agrees to upon acceptance.
5. ORDERING SERVICES
5.1. Operator’s services may be ordered via:
5.1.1. The Website;
5.1.2. Operator’s Office;
5.1.3. Exchange of letters/messages via e-mail or other Internet means.
6. PROVISION OF SERVICES
6.1. Services are provided based on a Request signed by the Operator (or Employee) and the Client, or confirmed by the Client.
6.2. Any changes to the tour initiated by the Client after confirmation must adhere to the agreed route, or a new request must be submitted. Payments made for the initial order are non-refundable and non-transferable. Changes to a confirmed Request initiated by the Client remain at the Operator’s discretion.
6.3. In exceptional cases where the confirmed Request cannot be fulfilled due to the Client’s initiative, the Client must notify the Operator within a reasonable time.
7. PAYMENT PROCEDURE
7.1. The Client must pay a 30% deposit within 14 days before the service start date, and the full payment of 100% at least 7 days before the tour start. The deposit is credited towards the service cost.
7.3. In case of cancellation during the service agreement, the deposit is non-refundable. The Operator may reconsider this upon written request, but actual incurred expenses are deducted from the deposit. If expenses exceed the deposit, the Client must cover them within 3 days.
7.4. Payment is made as 100% advance payment considering the deposit.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Operator may:
8.1.1. Require proper fulfillment of Client obligations;
8.1.2. Refuse to provide services if payment or documents are not submitted on time;
8.1.3. In exceptional cases, adjust the tour program without Client agreement, with prior notice.
8.2. Operator must fulfill obligations properly and on time.
8.3. Client may:
8.3.1. Require proper fulfillment of Operator obligations;
8.3.2. Propose changes to the tour program before final approval.
8.4. Client must:
8.4.1. Properly and timely fulfill obligations;
8.4.2. Pay in full;
8.4.3. Follow local rules during the tour;
8.4.4. Bear responsibility for any damage caused;
8.4.5. Provide accurate and current information and documents;
8.4.6. Notify the Operator immediately of any changes/errors;
8.4.7. Ensure tourists have medical insurance for the tour;
8.4.8. Familiarize with and comply with trip conditions.
8.5. Parties may have other rights and obligations under the law.
9. CANCELLATION POLICY
9.1. In case of Client-initiated cancellation, penalties apply:
9.1.1. More than 30 days before start – deposit;
9.1.2. 15–29 days – 30% or deposit, whichever is higher;
9.1.3. 7–14 days – 50% or deposit;
9.1.4. Less than 6 days – 80% or deposit;
9.1.5. Airline/train tickets – full cost.
9.2. Any cancellation must be submitted in writing to the Operator or Employee by the Client.
10. LIABILITY OF THE PARTIES
10.1. Parties are liable under Kyrgyz law unless stated otherwise in this offer.
10.2. Operator is not responsible for:
10.2.1. Accommodation equipment, services, personnel, meals, etc.;
10.2.2. Flight/train delays or cancellations;
10.2.3. Ground transport delays;
10.2.4. Consulate/embassy actions;
10.2.5. Tour program changes beyond Operator control;
10.2.6. Excursion program changes, unavailability of attractions;
10.2.7. Accidents, illness, or loss of personal items (Operator will assist within competence);
10.2.8. Damage caused by or to third parties;
10.2.9. Luggage, valuables, and documents.
10.3. Client/Tourist is fully responsible for any damage they cause.
10.4. Late payments incur 0.5% daily penalty, up to 50% of overdue payment.
11. PERSONAL DATA AND CONFIDENTIALITY
11.1. By accepting this offer, the Client consents to the collection, storage, processing, and use of personal data for: contract execution, service provision, accounting, legal compliance, and informing about services/offers.
11.2. Personal data includes name, phone, e-mail, ID data, payment info, and other voluntarily provided data.
11.3. Data may be processed using automated or non-automated methods in accordance with Kyrgyz law.
11.4. Operator will not transfer personal data to third parties, except as required by law or necessary to fulfill the contract.
11.5. Client may withdraw consent by written notice, which may prevent further service provision.
12. FINAL PROVISIONS
12.1. Operator may assign its rights and obligations to third parties.
12.2. Client must contact the Operator in case of claims via e-mail or other verifiable method. Disputes will be settled by negotiation or in court under Kyrgyz law.
12.3. Invalidity of any clause does not affect the rest of the offer.
12.4. Operator may amend the offer; changes take effect when published on the Website and at the Office.
12.5. This offer is valid from the moment specified in clause 4.5 until the Client’s services are fully completed.