Terms & Conditions

1. Basic concepts and definitions
The terms used in this offer shall be interpreted in accordance with the definitions below. In the absence of special definitions, individual terms and provisions of this offer shall be interpreted verbatim. Terms and definitions used in the singular and plural, in another gender (case) are equivalent.

Acceptance of the Offer is the response of the person to whom the offer is addressed regarding its acceptance. The response must be complete and unconditional. Acceptance of this offer shall also be recognized as the performance by the Customer of the actions specified in Section 7 of this public offer.

Agreement is the present agreement of the parties on all essential terms of the provision of services, drawn up in the form of a public offer, hereinafter unconditionally accepted by the Customer in full by means of its acceptance. Customer is an individual who has reached the age of eighteen, who orders travel services from the Contractor and makes payment for the provision of such services. The Customer may be either the Tourist directly or another person authorized to do so.
Application – a written request for the Contractor’s services (including via the Site, e-mail and other means of data transmission on the Internet).
Contractor – Tryvia Limited Liability Partnership.
Offer – this public offer (proposal) for the sale of the Contractor’s services, addressed to an unlimited number of individuals, posted on the Site and in the Contractor’s Office, in accordance with the Civil Code of the Republic of Kazakhstan.
Office – the actual location of the Contractor.
Website User – an individual who has logged in (visited) the Site.
Website – the Contractor’s website /tours.
Parties – a concept that simultaneously/jointly means the Customer (Tourist) and the Contractor.
Tour – a tourist trip along a specific route at a specific time, provided by a set of Tourist Services of the Contractor (booking, accommodation, meals, transportation, recreation, excursions and other services).
Tourist – an individual who is making or wants to make a trip (tourism) across the territory of the Republic of Kazakhstan or to another country, for health, recreational, educational, physical education and sports, professional and business, religious and other purposes (not related to entrepreneurial activity), for a period from 24 hours to 6 months in a row or making at least one overnight stay in the country (place) of temporary stay.
Tourist Voucher (Voucher) – a document confirming the right of the Tourist or a group of Tourists to Tourist Services included in the tour, and confirming the fact of their payment.
Tourist Services – a service or a set of services provided by the Contractor under the terms of this offer, for accommodation, meals, transportation, information and advertising services, assistance in obtaining an entry visa, as well as other services of the Contractor aimed at satisfying the needs of the tourist, including booking, reservation, purchase/sale of:
- services of accommodation facilities (including additional services);
- transfers;
- excursions;
- services of guides, translators;
- entrance tickets to tourist sites, theaters, cinemas, etc.;
- meals;
- medical insurance services;
- services of insurance of expenses incurred due to the cancellation of a trip abroad or a change in the duration of stay abroad;
- other services specified in the Application.
Tourist Services may be provided by persons other than the Contractor, on behalf of the Contractor. Tourist Service may mean either one separate service or a complex and/or combination of several services.

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

E-mail – Contractor’s e-mail – Tryviakz@gmail.com.

2. General Provisions
- This document is the Contractor's official Offer to individuals for the provision of tourist services on the terms and conditions specified below. The document is published on the Contractor's website - TOO Tryvia.
- The provisions of this Offer are governed by the Civil Code of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan "On Protection of Consumer Rights", "On Tourist Activity in the Republic of Kazakhstan" and other regulatory legal acts of the Republic of Kazakhstan.
- This Public Offer for the provision of tourist services (hereinafter referred to as the Agreement) is concluded in a special manner: by accepting this document containing all the essential terms of the agreement, without signing by the parties. This Agreement has legal force in accordance with the Civil Code of the Republic of Kazakhstan and is equivalent to an agreement signed by the parties.
- This Agreement is an accession agreement. The fact confirming the acceptance of the conditions set forth below and the acceptance of this public offer is the order of services and their subsequent payment (in accordance with the Civil Code of the Republic of Kazakhstan, acceptance of an offer is equivalent to concluding an agreement on the terms set forth in the offer).
- This Agreement is considered concluded from the moment of its acceptance and is valid until the parties fulfill all their obligations under the Agreement.
- This Offer determines the procedure for the sale of the Contractor's tourist product to Tourists.
- This Offer applies to all types of tourist services of the Contractor.

3. Subject of the Agreement
- The subject of this Agreement is the provision by the Contractor to the Customer of tourist and other services in accordance with the terms of this public offer.

4. Obligations of the Parties
The Contractor is obliged to:

- Provide tourist services in accordance with the Customer's application.

- Ensure the quality of the provided tourist services in accordance with the standards approved by the legislation of the Republic of Kazakhstan.

- Inform the Customer about the terms of purchase and content of the Contractor's tourist services.
The Customer is obliged to:

- Order and pay for all tourist services of the Contractor in a timely manner.
- Provide in a timely manner all necessary and reliable information for the provision of services and about himself and the persons to whom the services will be provided in accordance with the Customer's application.

5. Terms of Service
- Tourist services and prices for them are agreed upon by the parties.
- After the Customer has selected the services they need, they send the Contractor an application with all the information required to book the services in writing via the Contractor's website, email or other convenient method.
- The sale of services to the Customer is carried out in two stages. The first stage is the Customer sending an application to the Contractor to use the services and the Contractor confirming the actual availability of the requested services. The second stage: the Customer pays for the Contractor's services and books the services.
- Upon receipt of the booking application, the Contractor sends a response about the possibility of booking the services ordered by the Customer no later than 24 hours (on business days) from the moment of receipt of the application.
- If it is impossible to book the services requested by the Customer, the Contractor informs them of this. The Customer can immediately make a repeated booking request.
- The invoice for the ordered services is issued by the Contractor within one day or can be issued within the timeframe agreed upon by the parties. - The amount indicated in the invoice is included in the cost of accommodation - the Customer pays only the remaining amount for accommodation on site.
- Booking of a travel package (tour) is made with a 30% advance payment, the remaining 70% is paid by the Customer within the pre-agreed time frame.
- When booking services, the Contractor informs the Customer about the booking made and the terms of their cancellation.

6. Terms of cancellation and change of booked services
- The Customer has the right to change a request previously sent to the Contractor or cancel it by sending the Contractor a corresponding notice in writing about the change or cancellation no later than 14 (fourteen) business days before the onset of penalties for cancellation (change) of the booked services, unless the parties have agreed otherwise.
- The Customer must immediately notify the Contractor of any cancellation or change of the booking in writing (by email) before the occurrence of penalties for the cancellation (change) of the booked services.
- Only a cancellation confirmed by the Contractor in writing (by email) is considered valid. The date of cancellation is the working day from 10.00 to 18.00, when the Contractor actually received and confirmed the cancellation from the Customer.

7. Payment procedure
- The Customer is provided with information on the cost of the ordered services. In case of their consent with the cost of the ordered services, the Customer sends their application for booking services. The fact of sending the application is recognized as the Customer's consent with the cost of the booked services.

- When confirming the booked services, the funds for them must be credited to the Contractor's bank account no later than 3 business days before the start of service, but in any case no later than the occurrence of penalties for cancellation.

- The Customer pays the cost of services in accordance with the invoice issued by the Contractor. The Customer has no right to pay for the Contractor's services until the Contractor confirms the availability of the ordered services.

- The Customer pays for the booked services in any way that is not prohibited by the legislation of the Republic of Kazakhstan, agreed upon with the Contractor.

- The Customer undertakes to inform the Contractor about the payment made.

8. Refund of funds
- After the advance payment has been made, the Customer has the right to demand a full or partial refund of the funds paid to the Contractor. This request is made in writing in any form.
- In the event of a written request from the Customer for a refund of the funds paid for the ordered services, the refund is made under the following conditions: the request is sent no later than 48 hours before the onset of the cancellation penalties.
- The refund is made by the "Contractor" within 10 banking days.

9. Special conditions
- If the Contractor has not received payment for the ordered service before the onset of the cancellation penalties, then he can cancel the reservation for the ordered services at his own discretion, notifying the Customer of the cancellation of the reservation in the manner specified by him for contacts.
- In accordance with the Law of the Republic of Kazakhstan "On tourist activities in the Republic of Kazakhstan", a written claim regarding the quality of tourist services is submitted by the Customer to the Contractor no later than 20 days from the expiration of the Tourist Voucher and is considered within 10 days after receipt. During this time, the parties inform each other of the decision made. If the complaints are recognized as justified, compensation is made.

10. Processing of personal data
The Contractor processes the personal data of the Customer and/or the Tourist, in connection with the need to fulfill the Agreement, a party to which or a beneficiary under which the subject of personal data is a party, as well as in connection with the conclusion of an agreement on the initiative of the subject of personal data or an agreement under which the subject of personal data will be a beneficiary. On the basis of and for the execution of this Agreement, the Contractor receives personal data:
- directly from the Customer (Tourist) - the subject of personal data;
- from the Customer of services under the agreement in relation to Tourists who are beneficiaries under the same agreement; - from the legal representative of the Tourist - the subject of personal data.
By concluding this Agreement, the Customer gives consent to the processing of personal data in relation to himself and / or the Tourists who are beneficiaries under this Agreement.
Personal data may be received by the Contractor from a person who is not the subject of personal data, provided that the processing of personal data is necessary for the performance of the agreement to which the subject of personal data is a party or a beneficiary, as well as for the conclusion of the agreement.
By concluding an agreement with the Contractor, the Customer and the Tourists - beneficiaries within the framework of the agreement give consent that during the term of the agreement, their personal data are considered publicly available personal data.

11. Force Majeure
- The Parties shall be released from liability for failure to perform or improper performance of the obligations assumed under this Agreement, if such failure was a consequence of force majeure circumstances that arose after the conclusion of this Agreement.
- Force majeure circumstances shall include, in particular, but not limited to: fire, natural disasters, military operations of any nature, epidemics, acts of legislative and executive authorities, changes in customs and border regulations that prevent the performance of obligations, changes in immigration policy, strikes, terrorist acts, and other circumstances beyond the reasonable control of the parties. The deadline for the performance of obligations shall be extended in proportion to the time during which such circumstances remain in effect. If these circumstances continue for more than 14 days, each of the parties shall have the right to refuse to perform obligations under this Agreement, and in this case neither party shall have the right to compensation from the other party for possible losses.
- The party that is unable to fulfill its obligations under this Agreement must notify the other party of the occurrence and termination of circumstances that prevent the fulfillment of obligations within 48 hours. Failure to receive a timely notice shall deprive the party of the right to refer to the occurrence of force majeure circumstances in the future.
- Certificates issued by the relevant competent authorities shall serve as proper evidence of the existence of the above circumstances and their duration.
- The parties are not required to notify each other of well-known facts.


12. Dispute Resolution Procedure
- In the event of disagreements and disputes arising due to non-fulfillment or improper fulfillment of this Agreement, the parties shall seek to resolve them through negotiations and reach an amicable solution or agreement.
- If an agreement is not reached through negotiations, disputes shall be subject to consideration and resolution in court in accordance with the legislation of the Republic of Kazakhstan at the location of the "Contractor".

13. Legal address and details of the "Contractor"
Limited Liability Partnership "Tryvia"