Tourist Service Offer Agreement No. 24/01/2024 in the Kyrgyz Republic

2024, Kyrgyz Republic, Bishkek

X Travel LLC hereinafter referred to as the "Contractor" provides services and performs work in accordance with this Agreement (hereinafter referred to as the "Agreement") to the person who has applied for the provision of services or the performance of work (hereinafter referred to as the "Customer").

This Agreement, posted on the Company's Website, is a public offer that can be accepted by performing actions indicating the Customer's consent to the Agreement (registration in the tour services management system, checkout process for the Company's website, payment to the travel company, etc.).

A public agreement does not require execution on paper and its subsequent signing by the parties, it has legal force due to the performance by the parties of certain actions indicating their will to enter into contractual relations. The fact confirming the conclusion of a public contract by the consumer of services is the execution by him/her of an application for the provision of services and their subsequent payment.

A public contract concluded in the manner described above is considered to be concluded in simple written form and, accordingly, does not require execution on paper and has full legal force.

1. SUBJECT OF THIS AGREEMENT

1.1. The Contractor undertakes, at the request of the Customer, in accordance with the program of the tourist trip according to Appendix 1 to this Agreement (hereinafter referred to as the tour), to provide tourist services subject to the receipt of funds in the Contractor’s bank account in the amount of the cost of the tour under this Agreement, and the Customer undertakes to pay for these services in the manner and on the terms stipulated by this Agreement.

1.2. The tour is carried out along the Contractor's route on the territory of the Kyrgyz Republic.

1.3. The Contractor may entrust the organization of the Tour on the territory of the Kyrgyz Republic to trustees.

2. GENERAL

2.1. The Customer personally books a tour of the territory of the Kyrgyz Republic, sending all the necessary documents for full identification. Tours are conducted with an interpreter, by the Contractor's motor transport. Meals and accommodation are discussed at the place of arrival or in advance, as convenient for the Customer.

2.2. In case of providing the Contractor with incomplete or inaccurate data, the Contractor has the right to refuse to provide the tour.

2.3. Tourists have the right to demand that the Contractor provide them with tourist services in accordance with the tour program, agreed upon in advance.

2.4. Ensuring the safety of life and health of the tourist after signing this Agreement for the duration of the tour along the Contractor's route is borne by the Contractor, with the exception of persons who intend to undertake extreme hikes in areas where the Contractor cannot usually bear responsibility, in which case the Customer is aware that the Contractor does not guarantee the safety of life and health.

2.5. In the case of an extreme tour, the Customer shall provide the statement stating that he/she has no claims in the event of a fatal outcome or a situation in which severe and irreparable harm to health is caused. However, in such a case, the Contractor has the right to notify the authorities of the Ministry of Emergency Situations of the Kyrgyz Republic indicating the extreme route of the tourist.

3. COST OF TOURIST SERVICES AND THEIR PAYMENT PROCEDURE

3.1. The total cost of tourist services under this Agreement includes all fees, surcharges, and other similar payments as agreed by the parties.

3.2. Terms and procedure for payment of tourist services:

3.2.1. The Customer pays the cost of travel services in a lump sum on the terms of a 100% prepayment at the time of conclusion of this Agreement.

3.2.2. Payment for the cost of tourist services is made in any convenient currency in accordance with the exchange rate on the day of payment according to the rate of the Commercial Bank accepting payment from the Customer.

3.2.3. The Customer pays for the cost of tourist services specified in paragraph 3.1 of this Agreement in cash at the cash desk or by transfer or credit to the Contractor's account.

4. RIGHTS AND RESPONSIBILITIES OF THE PARTIES

4.1. The Contractor has the right:

4.1.1. to receive from the Customer timely complete and reliable information, documents, as well as data about themselves and tourists in the volume necessary to fulfill its obligations under this Agreement;

4.1.2. to compensate the Customer for damage caused to the Contractor in cases and in the manner established by civil procedural legislation and this Agreement;

4.1.3. in exceptional cases, to cancel the tour due to a military situation or a coup d'etat and other force majeure situations, however, if the Customer states his/her wiliness to still take part in the tour, in this case, the payment will be at double the rate and the Contractor will not bear responsibility for life, property or health (black tour).

4.1.4. to change the cost of tourist services or cancel the Customer's Application and unilaterally refuse to perform this Agreement, with deduction of the actual expenses incurred by the Contractor in the event of late payment for the tour by the Customer, late provision of documents by the Customer required for booking the tour, or in other cases stipulated by this Agreement;

4.1.5. to use the personal data of the persons specified in the Application provided by the Customer for the purposes of fulfilling the terms and conditions of this Agreement.

4.2. The Contractor is obliged:

4.2.1. to provide the Customer with information on tourist services in a timely manner, including information:
- about the program of the tourist trip;
- about the cost of tourist services, terms and procedure for their payment;
- about a set of measures guaranteeing the personal safety and security of the property of tourists, excursionists during the tourist trip;
- about the exact time of the start of the tourist trip, no later than one day before the start date of the tourist trip or at the time of conclusion of this Agreement, if less than one day remains before the start of the tourist trip;
- other information related to the provision of tourist services.

4.2.2. to take measures to respect the rights, freedoms and legitimate interests of the Customer on the territory of the Kyrgyz Republic in accordance with the requirements of the legislation of the Kyrgyz Republic in the field of tourism and protection of life and health of people.

4.2.3. to ensure the proper quality of tourist services and their safety in accordance with this Agreement;

4.2.4. in case of unilateral refusal to fulfill obligations under this Agreement during a tourist trip, at the request of the tourist, excursionist, organize his/her return to the place of the beginning (end) of the tourist trip under the conditions specified in this Agreement, or under conditions of a higher level;

4.2.5. to ensure the fulfillment of their obligations under this Agreement.

4.2.6. to notify the Customer about the occurrence of cases of impossibility to fulfill their obligations under this Agreement;

4.2.7. to inform the Customer about an unforeseen increase in the cost of individual services included in the complex of tourist services;

4.2.8. to fulfill the terms and conditions of this Agreement.

4.3. The Customer has the right:

4.3.1. to demand the provision of tourist services in accordance with the tour.

4.3.2. to receive compensation from the Contractor for damage caused in cases and in the manner established by civil procedural legislation and this Agreement;

4.3.3. to be ensured that the Contractor provides the proper quality of tourist services and their safety;

4.3.4. to file a claim with the Contractor in the event of non-fulfillment or improper fulfillment by the Contractor of the terms and conditions of this Agreement.

4.4. The Customer is obliged:

4.4.1. to pay the full cost of tourist services within the timeframe and in the manner established by this Agreement;

4.4.2. to familiarize himself/herself with the terms of this Agreement.

4.4.3. to familiarize himself/herself with the rules of entry and stay in the territory of the Kyrgyz Republic.

4.4.4. to promptly provide the Contractor with complete, reliable information and documents, as well as information about yourself.

4.4.5. to reimburse the Contractor for actual expenses incurred in the event of a unilateral refusal to fulfill obligations under this Agreement, subject to their documentary confirmation;

4.4.6. to ensure that the Contractor receives the documents necessary for the tour in a timely manner, and at the time of their receipt - to check the completeness, reliability, and correctness of all documents.

4.4.7. to ensure that tourists fulfill the following obligations:
- to arrive at the starting point of the tourist trip on time, as well as at the points of collection and departure during the tourist trip;
- to comply with the legislation of the Kyrgyz Republic, respect its political and social structure, customs, traditions, religions of the population;
- to comply with the rules of residence and fire safety.
- to take care of the environment, and cultural values;
- to comply with the rules of entry and exit of the country (place) of temporary stay (transit travel);
- to comply with the rules of personal safety of a tourist, and excursionist;
- to ensure, if necessary, payment at the port of arrival at their own expense (at the expense of tourists) of the visa fee for obtaining a visa to visit the country of destination (vacation country), according to the conditions of visit that requires to obtain a visa at the port of arrival, as well as payments and fees, etc., if it is necessary to pay such fees upon arrival at the port according to the legislation of the country of vacation;

4.4.8. to make payment for the cost of tourist services within the timeframes and in the manner established by this Agreement;

4.4.9. to comply with the rules of accommodation and fire safety on board the vessel;

4.4.10. to compensate for damage caused to property.

5. AMENDMENT AND TERMINATION OF THIS AGREEMENT

5.1. Amendment, termination, and unilateral refusal to fulfill obligations under this Agreement shall be carried out on the grounds stipulated by civil legislation and this Agreement, in the form in which this Agreement is concluded.

5.2. The Customer has the right to unilaterally refuse to fulfill obligations under this Agreement, subject to payment to the Contractor of the actual expenses incurred.

5.3. In case of cancellation of a confirmed tour (Application) two weeks before the start of the tour, no refund will be made.

5.4. The Customer is hereby notified that for individual tours, from the moment of registration of the Application, the Customer has an unconditional obligation to pay the Contractor's expenses in case they are included in the tourist services, the refusal of which for any reason provides for their payment without the possibility of minimizing costs.

5.5. Cancellation by the Customer of a confirmed tour (Application) due to the introduction of additional security measures in the destination country and the need for tourists to undergo appropriate procedures, the passage of which is contrary to the religious or other beliefs of tourists, does not release the Customer from the obligation to reimburse the Contractor for actual expenses incurred in the manner prescribed by this Agreement..

6. DISPUTE SETTLEMENT PROCEDURE. RESPONSIBILITY OF THE PARTIES

6.1. The Parties shall be responsible for failure to fulfill or improper fulfillment of obligations under this Agreement in accordance with the current legislation of the Kyrgyz Republic and this Agreement..

6.2. The parties are not responsible for non-fulfillment or improper fulfillment of obligations under this agreement if this turns out to be impossible due to force majeure circumstances..

The Party shall not be responsible for failure to fulfill any of its obligations under this Agreement if such failure is caused by a force majeure event, including, but not limited to, natural disasters, military conflicts, internal political unrest, strikes, walkouts, emergency events, man-made or other accidents, decisions of government bodies that impede the fulfillment of this Agreement, embargoes, international sanctions, pandemics, epidemics, health emergencies, border closures, prohibitions, restrictions on tourist travel and other measures taken by government bodies of the Republic of Belarus and/or the country of vacation (transit), suspension of visa issuance (including the closure of embassies and consulates of foreign states), suspension of passage of foreign citizens in countries of vacation (transit) through border control points, postponement of the start dates of the resort season of the country of vacation. The Parties also classify as force majeure circumstances any actions or inactions of state bodies, as a result of which it becomes impossible to fulfill obligations under this Agreement or if such fulfillment entails significant losses for the Party.
In the event of force majeure circumstances and the impossibility of fulfilling obligations under this Agreement by the Parties, each Party has the right to demand from the other Party the return of everything that it has fulfilled without receiving any counter-satisfaction.

6.3. All disputes and disagreements shall be settled in court in the Sverdlovsk District Court of Bishkek.

7. FINAL PROVISIONS

7.1. This Agreement shall enter into force on the date of its signing by the parties and shall remain in effect until the obligations under it are fully fulfilled.

7.2. Documents and their copies confirming the fact of payment for the cost of tourist services are an integral part of this Agreement.

7.3. The Parties acknowledge the legal force of documents received by facsimile, electronic and other communications that allow to reliably establish that the document comes from the Party under this Agreement, until the original of the relevant document is received. In case of discrepancy between the information in these documents, the risk of adverse consequences shall be borne by the sending Party.

7.4. This Agreement is made in Russian in 2 (two) copies, having the same legal force.

An integral part of this Agreement are:
- Appendix No. 1 - Tourist Travel Program;
- Appendix No. 2 - Information about tourists, excursionists, who tourist services are provided to;
- Appendix No. 3 - Customer's Statement.