"Welcome, dear Traveler!

If you opened this offer, you likely want to choose us among hundreds of other companies and trust us. We appreciate this very much and are grateful! Therefore, we will make efforts to exceed your expectations!

For your confidence, we ask you to review this offer—it outlines our rights and yours, which will take effect after purchasing the service. It may seem very long and dull, but what can we do; it is the official business style required by law for documents.

So, if you find the legal language strict and cold and it makes your heart feel a bit down, remember that a friendly and cheerful team from Kettik Qazaqstan is with you! We just want to help clarify our relationship for a long and strong friendship! Thank you for your attention and understanding!

Best wishes,

Kettik Qazaqstan team"

 

 

Public Offer Contract

 

This contract is addressed to persons who wish to purchase services (hereinafter referred to as "Customer"). The services for organizing recreation and entertainment, as well as tourist products (including guides), are provided by Kettik Qazaqstan LLP (hereinafter referred to as the "Executor"). The Customer and the Executor have concluded this contract (hereinafter referred to as the "Contract"), on the following terms:

 

1. TERMS AND DEFINITIONS:

1.1. Public Offer — this offer for the purchase of service products, published by the Executor on social media pages Instagram, Facebook, and addressed to Customers;

1.2. Social Pages — [Kettik Qazaqstan Facebook](https://web.facebook.com/kettik.qazaqstan), [Kettik Qazaqstan Instagram](https://www.instagram.com/kettik.qazaqstan), and [Kettik Qazaqstan Website](https://www.kettikqazaqstan.com);

1.3. Services — offsite organization of interactive tourist recreation and entertainment, educational excursions provided in the territory of the Republic of Kazakhstan and abroad.

 

2. MAIN PROVISIONS:

2.1. The text of the Contract is 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 intention of the person making the offer to conclude a contract on the terms indicated in the offer with anyone who responds to the offer is apparent). Acceptance of the offer is the purchase of any kind of service offered by the Executor (in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan). Acceptance is the response of the person to whom the offer is addressed, indicating acceptance of the offer. Acceptance must be complete and unconditional. By performing actions to accept this public contract-offer, the User confirms their legal capacity and capability, as well as their legal right to enter into contractual relations with the Executor. Full and unconditional consent to conclude the Contract (hereinafter referred to as "Acceptance") is expressed agreement with its terms by purchasing the Executor's services and/or acceptance of the conditions provided verbally or in writing, expressed through the purchase of electronic tickets, and also includes correspondence in messengers such as WhatsApp, Instagram, Telegram, Facebook;

2.2. Acceptance of the Contract means that the Customer agrees with all the terms of this offer, and is equivalent to the conclusion of the Contract and all its attachments. Therefore, please read the Contract text carefully. If you do not agree with any provision of the Contract, the Executor offers you to decline the Acceptance of the offer.

 

 

3. PROCEDURE FOR ACQUIRING SERVICES AND RETURNS:

3.1. After reviewing the Terms posted on the Social pages, as well as the text of the Contract, the User pays the amount in ways specified on the Instagram page, orally communicated by the Executor, or in writing. Payment indicates agreement with all the data and conditions of the services provided, including itinerary data and passenger information.

3.2. The payment deadline is individually set for each service package by the Executor and communicated to the Customer orally or in writing in any available form. In case the Customer fails to meet the specified payment deadline or if the payment is received after the specified deadline, the service booked by the Customer is canceled. The payment deadline may be changed for reasons beyond the Executor's control without prior notice to the Customer. The Executor does not commit to maintaining the same service cost at different times due to natural changes in tariffs.

3.3. The Customer has the right to determine the amount of the prepayment for the services provided by the Executor, ranging from 50% to 100%, at their discretion. The prepayment must not be less than 50% of the service cost. The balance is accepted by the Executor at the start of service provision and must be paid by the Customer upon request. If the Customer refuses, the Executor may interrupt the provision of the service or refuse to provide it without returning the prepayment to the Customer.

3.4. The guarantee for a full refund (payment, partial payment) for domestic tours (within the territory of Kazakhstan) to the Customer is provided if:

- The service was rescheduled or canceled at the initiative of the Executor;

- The Customer notified the Executor of the cancellation of the booking for the services 48 hours before the start of the day (date) of service provision.

3.4.1. If the Customer notifies the Executor of the cancellation of the booking for services less than 48 hours before the date (day) of provision, the Executor may withhold a penalty for default in the amount of 50% of the full ticket price. If the Customer fails to appear on the day of the tour, the full amount of the payment is retained.

3.4.2. If the Customer did not request the service or refused the intention to receive the service at the beginning or at the time of provision, the Executor does not return the payment for the service.

3.4.3. Refusal of service means a written or verbal refusal to receive services, untimely arrival within the specified time limits, and/or failure to appear at the gathering point established by the Executor.

3.5. The guarantee for a full refund (payment, partial payment) for international tours (outside Kazakhstan) to the Customer is provided if:

- The service was rescheduled or canceled at the initiative of the Executor;

- The Customer notified the Executor of the cancellation of the booking for services no later than 14 calendar days before the start of their provision.

3.5.1. If the Customer notifies the Executor of the cancellation of the booking for services less than 14 calendar days before their provision, the Executor may withhold a penalty for default in the amount of 50% of the full ticket price.

3.5.2. If the Customer did not request the service or refused the intention to receive the service at the beginning or at the time of provision, the Executor does not return the payment for the service.

3.5.3. Refusal of service means a written or verbal refusal to receive services for various reasons, untimely arrival within the specified time limits, personal negligence, and/or failure to appear at the gathering point established by the Executor.

3.6. Refunds upon the Customer's request in accordance with the above-mentioned clauses 3.1, 3.2, 3.3, 3.4, 3.4.1, 3.5, 3.5.1 of this Contract are made in cash or via non-cash transfer to a card or bank account at the Executor's discretion within no later than 10 banking days.

3.7. The Customer must comply with the Executor's return policy regarding the services purchased. Even if the Customer did not familiarize themselves with them during the booking process, as the Executor has provided links to the Public Offer rules in their social media posts. There are also recommendations for mandatory familiarization.

3.8. Special return rules due to COVID-19 measures, as well as border issues:

If the Customer cannot participate in the tour due to a positive PCR test, or if they are denied entry across the border, the Executor returns up to 30% of the tour cost to the Customer.

3.8.1. In the event that the Customer is placed in quarantine, the Executor is not responsible for any subsequent expenses incurred by the Customer related to quarantine measures applied to them.

 

4. RULES OF CONDUCT, SAFETY, AND CONDITIONS FOR SERVICE PROVISION

4.1. The Customer must follow the recommendations, time frames, and instructions of the Executor during the provision of services, represented by group leaders, accompanying staff, or guides.

4.1.1. It is recommended to stay close to the Executor or the group, and also:

- not to consume, try unfamiliar items, food, wild vegetation, or water from contaminated sources;

- not to consume strong alcoholic beverages or narcotic substances;

- not to walk in unfamiliar, dangerous places, trails, or locations without the Executor's permission;

- not to come into contact with wild animals, insects, or other wildlife;

- not to engage in communication or any other active contact with unfamiliar people in public or other places except for trip participants;

- not to disregard commonly accepted safety measures, as well as disturb the peace and personal space of other participants;

- to be vigilant about the safety of personal belongings, documents, and funds. The Executor is not responsible for the loss of personal belongings.

4.2. The Executor reserves the right to refuse the Customer in providing services in cases of violation of any points specified in the Contract, inappropriate behavior disturbing general peace and order, severe alcohol or drug intoxication, or mental disorders without refunding the payment for services.

4.3. The Executor provides accurate information about the details of services on its Social pages and notifies of changes in writing or verbally.

4.4. The Executor makes no other guarantees regarding the provision of services other than those stated in the Contract and in promotional posts on its Social pages.

4.5. In case of non-compliance with any points specified in this Contract, the Executor bears no moral, material, or other responsibility, nor any responsibility for the Customer's safety.

 

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Customer has the right to:

- choose any offering from the Executor's list of services currently available at their discretion;

- request additional information about the service of interest that is unknown or unclear to them, except for confidential information (personal data of other customers, financial documents of the Executor and their personal data, trade secrets);

- request a discount on services for children up to and including 10 years old, with the amount determined by the Executor depending on the type of service;

- carry additional luggage for free with a weight of up to 10 kg and dimensions up to 90*60*30 cm on the Executor's transport, except for all types of air and water transport;

- choose any seating place in the transport provided by the Executor as part of the service if it has not been initially occupied by another customer.

 

5.4. The Customer must:

- follow the Executor's instructions and recommendations during the provision of services;

- maintain order during the provision of services to preserve the peace and comfort of other customers;

- make timely payment for the services received, as specified by the Executor (no later than the day the service is provided).

 

5.3. The Executor has the right to:

- change the order and list of provided services if influenced by factors beyond their control, notifying the Customer in advance;

- set prices for individual service packages listed on Social pages at their discretion;

- select accommodation options for groups (hotels, guest houses, hostels, tents, etc.) if provided by the nature of the service, providing up-to-date information to the Customer upon request;

- arrange the accommodation of the Customer inside the chosen residences at their discretion according to place and quantity;

- choose the type of transport for group movements, providing the Customer with information about the type of transport upon request;

- develop a list of services, products, and inform the Customer through social networks.

 

5.4. The Executor must:

- wait for the Customer at the collection points set by the Executor for 20 (twenty) minutes from the appointed time. For example, if the meeting is set for 8:00, the Executor agrees to wait for the Customer until 8:20. Beyond the established time frame, the Executor may extend the waiting time for the Customer through a democratic vote of the other participants receiving services.

 

- provide up-to-date information, consultation, and feasible moral support during the provision of the service as much as possible;

- consider the wishes and requests of the Customer during the provision of the service, taking into account the interests of all participants receiving services;

- treat the Customer with respect and politeness, respecting their civil rights and preferences.

 

6. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION:

6.1. The Customer agrees that by using the services of the Contractor, they provide some personal data (full name, contact details, personal identification number, banking information, email address) necessary for the provision of the services.

6.2. The Customer agrees that the Contractor may use and process the Customer's personal data.

6.3. The Contractor uses the information:

- to fulfill its obligations to the Customer.

6.4. The Contractor commits to not disclosing the information received from the Customer. It is not considered a violation for the Contractor to provide information to agents and third parties acting under a contract with the Contractor to fulfill obligations to the Customer.

6.5. The Customer is responsible for the accuracy of the personal data provided to the Contractor.

6.7. The User agrees that to receive services, personal data will be processed through Kaspi.kz, Homebank, Smartbank, and other systems when paying through these banking applications, as well as through the Contractor's online POS terminal.

 

7. INFORMATIONAL MESSAGES:

7.1. The Customer consents to receive updated information, informational messages with the latest news, new offers, special offers, and sales announcements, as well as information about the Contractor's news and offers via SMS, WhatsApp messaging, and email.

7.2. The Customer can select the preferences for the messages or opt out.

7.3. The Customer consents to the recording of telephone conversations to improve service quality and confirm the Customer's verbal statements, keeping the data solely for the convenience of future service transactions.

 

8. OTHER TERMS AND CONDITIONS:

8.1. The Contractor reserves the right to change the terms of the Contract at any time unilaterally without prior agreement with the Customers, ensuring the publication of the revised terms on the Instagram social page. The Contractor is not responsible for possible risks and conditions of safe use, as well as network attacks or hacking of social pages (including, but not limited to), failures in the operation of social pages caused by technical reasons.

8.2. The parties are exempt from liability for non-performance or improper performance of obligations under the Contract during the period of force majeure. Force majeure refers to extraordinary and insurmountable circumstances that prevent the parties from fulfilling their obligations under the Contract. These include natural disasters; the impact of a nuclear explosion, radiation (ionizing radiation) or radioactive contamination by nuclear weapons, production and research activities, or radioactive waste; wars, military invasions, hostile actions of a foreign enemy, military maneuvers, and related military events; civil war, armed rebellion, civil unrest of any kind, mass riots, violent seizure or retention of power; epidemics, meteorological conditions, terrorist acts, strikes, seizures, confiscations, nationalization, etc. These well-known events do not require any confirmation.

8.3. All disputes and disagreements arising from the legal relations under this Offer are resolved through negotiations. If it is not possible to resolve disputes through negotiations, such disputes must be submitted to the court of the Republic of Kazakhstan, Almaty city, with mandatory adherence to the claim process. The response period for a claim is 10 (ten) banking days from the date of receipt.

8.4. Prices in mailings, posts, and advertisements are not public offers.

8.5. The images and texts published on social pages are protected by copyright. Any use of materials is possible only with the written permission of the Contractor.

8.6. This version of the Contract is current and supersedes all previous versions.

Mob: +7(777) 010 20 19WA: +7(702) 057 89 19 tour@kettik.asiaTole Bi Street 100, Almaty
Kazakhstan
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