PUBLIC OFFER AGREEMENT
Aktau, 2023
TETHYS AKTAU II Limited Liability Partnership (TetysBlu Theme Park), hereinafter referred to as the "Operator", offers any individual or legal entity, hereinafter referred to as the "Client", collectively referred as "Parties" the implementation of online payment via Internet (hereinafter referred to as the "Services").
This proposal in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan is a public offer (hereinafter referred to as the "Contract"), the full and unconditional receiving (acceptance) of the conditions of which in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan is considered performing implicit actions in the form of pressing the button "I agree with the terms of the contract" / "Accept" located on the Operator`s Website by the Clients.
1. SUBJECT OF THE CONTRACT
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1.1. The Operator provides the Client with an opportunity to make an online payment for a reservation via the Internet.
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1.2. When making the online payment, the Client gives his consent to gathering and processing of personal data in accordance with the legislation of the Republic of Kazakhstan. The consent is given in full without any remarks and objections.
2. RIGHTS AND OBLIGATIONS OF THE OPERATOR
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2.1. The Operator has the right to send informational and advertising e-mails and SMS messages to the e-mail address and mobile phone of the Client. At the same time, the Operator undertakes not to transfer the address and other information about the User to third parties.
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2.2. The Operator shall have the right at any time to modify the terms of this Contract unilaterally, ensuring that a publication of the amended terms on the Site.
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2.3. The Operator has the right not to make a pay back the reservation, if the Client addressed for less than 24 hours prior to the check-in.
3. RIGHTS AND OBLIGATIONS OF CLIENT
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3.1. The Client has the right to request a refund for 24 hours or more days prior to arrival. In this case, the cancellation of the reservation is carried out without penalties and the money is returned within 7 (seven) working days from the date of the written request of the Client to the Operator.
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3.2. The Client has the right to request a refund within 24 hours or less days prior to check-in only in cases of force majeure.
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3.3. In undertaking this online payment The Client warrants the introduction of relevant, correct and valid information, including personal data, information on the credit card, contact information, etc.
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3.4. In case of payment by bank card on this website, the Client guarantees using the bank card issued in the name of the Client.
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3.5. The Client is obliged to independently learn himself with the internal rules of the Operator (features of etiquette, dress code, visiting rules, etc.)
4. FORCE MAJEUR
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4.1. The Parties are released from liability for non-fulfillment or improper fulfillment of commitment under the Contract for the duration of a force majeure. Force majeure refers to extraordinary and irresistible circumstances that prevent the Parties from fulfilling their commitment under this Contract. These include natural phenomena; the impact of a nuclear explosion, radiation (ionizing radiation) or radioactive contamination of nuclear weapons materials, industrial and research projects or radioactive waste; war, military invasion, hostile actions of a foreign enemy, military operations, military maneuvers and related military activities; civil war, armed insurrection, popular unrest of all kinds, riots, violent seizure or forcible retention of power; epidemics, epizootics, meteorological conditions, terrorist actions, strikes, seizure, confiscation, requisition, nationalization, etc. The party for which the above circumstances have occurred must notify the other party about their occurrence as soon as possible. At the same time, well-known events do not need any confirmation, for other events it is necessary to attach appropriate supporting documents, which may be, including, but not limited to, documents issuing from the competent state bodies.
5. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES
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5.1. All disagreements or disputes that may arise will, if possible, be settled by the parties through negotiations.
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5.2. The Client is warned about the responsibility for the provision and administration of unreliable data and information.
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5.3. In the event of disputes arising as a result of online payment on this website, the Client confirms that such a dispute will be considered in the courts of the Republic of Kazakhstan and according to the legislation of the Republic of Kazakhstan at the location of the Operator.
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5.4. The Client`s claims for the Services provided are accepted and considered by the Operator only in writing and in the manner prescribed by the current legislation of the Republic of Kazakhstan.
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5.5. To resolve technical issues when determining the Client’s guilt as a result of his illegal actions using the System, the Operator has the right to independently engage competent bodies as experts. In the case of the establishment of the Client’s fault, the latter shall reimburse the costs of the expertise.
6. OPERATOR DETAILS
TETHYS AKTAU II LLP (Theme Park TetysBlu)
Legal address: Republic of Kazakhstan, Mangistau region, Aktau city, "Tepliyi pliazh" Recreation Zone, building 34
Bank details:
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BIN: 201240011968
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Halyk Bank of Kazakhstan JSC
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SWIFT: HSBKKZKX
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KBE: 17
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IBAN: KZ726010231000519341 (KZT)
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IBAN: KZ386010231000519371 (EUR)
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IBAN: KZ936010231000519351 (USD)
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IBAN: KZ176010231000519361 (RUB)