Public Offer Agreement of the legal entity TOO “Demalys Zhaiy” (from now on referred to as the Contractor)
This public offer (from now on referred to as the Offer), is a Contract concluded between the Contractor and the service user – an individual or legal entity (from now on referred to as the Customer), which determines the conditions for the purchase and provision of hotel services using the Contractor’s resources.
1. General Provisions
1.1. The Contractor publishes this Offer as an offer to individuals and legal entities in accordance with Articles 395, 396, and 447 of the Civil Code of the Republic of Kazakhstan (from now on referred to as the Civil Code of the RK).
1.2. This Offer, like any Contract, defines the essential conditions of interaction between the Contractor and the Customer (the person who accepted the Offer).
1.3. This Offer is concluded between the Contractor and the Customer at the time of ordering hotel services at the “Aktobe” hotel in the booking module on the website.
1.4. The Offer can be accepted by any individual or legal entity in the Republic of Kazakhstan who intends to place an order for hotel services in the booking module on the website in accordance with the list of rooms and services specified on the website https://hotel-aktobe.kz/.
1.5. The Customer unconditionally accepts all the conditions contained in the offer in its entirety (i.e., in full and without exceptions).
1.6. Upon acceptance of the terms of this Offer, the individual or legal entity becomes the Customer.
1.7. The acceptance is the receipt by the Contractor of a message about the intention of an individual or legal entity to order hotel services under the conditions proposed by this Offer.
1.8. The Offer, all changes, appendices to it, and all additional information about the Contractor’s services are published on the website https://hotel-aktobe.kz/.
2. Status of the Contractor’s Website
2.1. The website is the property of the Contractor and is intended for organizing a remote method of selling hotel services via the Internet.
2.2. By accepting the Offer (i.e., placing an order for hotel services in the booking module on the Contractor’s website), the Customer will receive hotel services under the conditions and in the manner determined by the Contract for the provision of hotel services posted on the website https://hotel-aktobe.kz/.
2.3. The Contractor is not responsible for the content and accuracy of the information provided by the Customer when placing an order on the Contractor’s website.
3. Status of the Customer
3.1. The Customer is responsible for the accuracy of the information provided when placing the order and its freedom from claims by third parties.
3.2. The fact that confirms the full and unconditional acceptance (acceptance) of the terms set forth in this Offer Contract is the order of hotel services in the booking module on the website and/or payment by the Customer for the Contractor’s hotel services, which is equivalent to concluding a contract between the Customer and the Contractor for the provision of hotel services under the conditions set forth in this Offer Contract.
3.3. The information provided by the Customer is confidential. By providing their Personal Data, registering on the website, or filling out an application, the Customer gives their consent to the processing of their Personal Data for the purpose of fulfilling the user agreement. The Contractor uses information about the Customer exclusively for the functioning of the Contractor (sending the Customer a booking confirmation) and in the cases specified in this Offer.
3.4. The use of the Contractor’s website (resource) for viewing and selecting services, as well as for placing an order, is free of charge for the Customer.
4. Subject of the Offer
4.1. The Contractor, based on the Customer’s orders, sells the latter hotel services in accordance with the conditions and prices set by the Contractor on the website.
4.2. The provision of services ordered by the Customer is carried out by the Contractor.
4.3. The relations between the Customer and the Contractor are governed by the provisions of the Civil Code of the RK, the Law of the Republic of Kazakhstan “On Consumer Rights Protection,” and other regulatory legal acts of the Republic of Kazakhstan, which regulate the rights and obligations of the Parties specified in this Offer.
4.4. An individual or legal entity is considered to have accepted all the terms of the Offer (acceptance) and its appendices in full and without exceptions from the moment the Contractor receives a message about the Customer’s intention to order hotel services under the conditions proposed by the Contractor. Upon acceptance of the Offer, the individual or legal entity is considered to have concluded a Contract for the provision of hotel services with the Contractor and acquires the status of the Customer.
5. Procedure for Concluding a Service Provision Contract
5.1. The Customer can place an order independently on the Contractor’s website or through a Contractor’s specialist by phone listed on the website, under the conditions of the hotel services provision contract.
5.2. When placing an order on the Contractor’s website, the Customer must provide the following data:
— Full name;
— Customer’s contact phone number and email address;
— Check-in and check-out dates.
5.3. The Customer’s will is expressed by entering the relevant data in the order form on the Contractor’s website or submitting an application through a Contractor’s specialist using information and telecommunication tools or by email reception@hotel-aktobe.kz.
5.4. The Contractor does not edit the Customer’s information.
5.5. To receive a paper copy of the hotel services provision contract, the Customer sends a request by email or another method agreed with the Contractor’s specialist by phone listed on the Contractor’s website.
6. Information about Services
6.1. Information about the Contractor’s services is provided for display on the Contractor’s website through graphic images and information owned by the Contractor.
6.2. Each graphic image is accompanied by textual information with the name, price, and description of the hotel services.
6.3. All informational materials presented on the Contractor’s website are for reference only and cannot fully convey information about the properties and characteristics of the hotel services. If the Customer has any questions regarding the properties and characteristics of the hotel services, the Customer should contact the Contractor’s specialist by the phone numbers listed on the website before placing an order.
6.4. Upon the Customer’s request, the Contractor’s specialist is obliged to provide (by phone or via email) other information necessary and sufficient, in the Customer’s opinion, to make a decision about ordering services.
7. Procedure for Purchasing (Ordering) Services
7.1. The Customer is entitled to place an order for categories of rooms available for booking on the Contractor’s website.
7.2. The order can be placed by the Customer by the phone numbers listed on the website or independently on the website.
7.3. After placing an order, the Contractor confirms the Customer’s order by sending information to the Customer’s email address confirming the order, specifying the name, type, and characteristics of the services, and the total order amount (booking confirmation), or a Contractor’s specialist contacts the Customer by phone numbers +77762223131, +73132-54-40-42 to clarify the necessary service characteristics.
7.4. If it is impossible to provide the service presented on the Contractor’s website, the specialist is obliged to inform the Customer of this (by phone or via email).
7.5. The service provision period is established by agreement of the Parties and/or determined by the Service Provision Contract posted on the Contractor’s website.
8. Price of Services
8.1. The price specified on the Contractor’s website is indicated in Kazakhstani tenge.
8.2. The price specified on the website can be changed by the Contractor unilaterally in accordance with internal regulatory documents, while the price for the services ordered and paid for by the Customer is not subject to change.
9. Payment for Services
9.1. Payment for hotel services is made by the Customer’s Guests in cash or by payment cards directly to the Contractor’s cash desk, or the Customer makes a prepayment of 100% of the amount calculated for the provision of hotel services no later than 2 (two) business days before the date of guest check-in by transferring funds to the Contractor’s bank account according to the issued invoice. The final settlement (additional payment/refund) is made after the guests’ stay within 5 (five) business days by transferring funds to the Contractor’s/Customer’s bank account according to the act of completed work (services rendered), taking into account the previously paid prepayment.
9.2. No fee is charged for booking.
9.3. Accommodation fees at the hotel are charged according to the established unified checkout time system – from 12:00 local time of the current day:
– if staying at the hotel for no more than one day (24 hours), the fee is charged for a day regardless of the checkout time;
– if staying at the hotel for one or more days:
– if checking in within 12 hours after the checkout time (from 12:00 to 24:00), the full room rate is charged, and the checkout is at 12:00 the next day;
– if checking in from 00:00 to 04:00, an additional fee of 50% of the full room rate is charged;
– if checking in from 04:00 to the checkout time, no additional early check-in fee is charged;
– if checking out from 12:00 to 18:00, an hourly rate is charged;
– if checking out from 18:00 to 24:00, a fee of 50% of the full room rate is charged;
– if checking out after 00:00, the full room rate is charged. 9.4. Settlements between the Parties for the order payment are made in Kazakh tenge.
10. Service Cancellation
10.1. The Customer is entitled to cancel services in the manner and under the conditions provided by the Law of the Republic of Kazakhstan “On Consumer Rights Protection.”
10.2. The Customer is not entitled to cancel services that have been properly provided (rendered). 10.3. If the Customer cancels the services, the Contractor refunds the Customer the amount paid in accordance with the contract, except for the Contractor’s expenses.
11. Liability of the Parties
11.1. The Parties are liable in accordance with the legislation of the Republic of Kazakhstan.
11.2. The Contractor is not liable for any damage caused to the Customer due to the improper use of the results of services ordered on the Contractor’s website.
11.3. The Parties are released from liability for non-performance or improper performance of obligations under the Offer during the period of force majeure circumstances.
12. Other Conditions
12.1. The relations between the Customer and the Contractor are governed by the norms defined by the legislation of the Republic of Kazakhstan.
12.2. If necessary, the Contractor and the Customer have the right to formalize a service provision contract in the form of a written bilateral agreement that does not contradict the provisions of this Offer at any time.
12.3. In case of questions and claims from the Customer, the latter should contact the Contractor at the Contractor’s location: Republic of Kazakhstan, Aktobe, Abilkayir Khan Avenue, 44/2, and/or by email at reception@hotel-aktobe.kz, and/or by phone: +7 776 222 31 31, +7-3132-54-40-42, 56-28-29, including those listed on the Contractor’s website.
12.4. This Offer comes into force from the date of its acceptance by the Customer and is valid until the full performance of the obligations by the Parties under it.
12.5. All disputes and disagreements arising in the performance of the obligations by the Parties under this Offer are resolved through negotiations, and if it is impossible to resolve them through negotiations, the Parties have the right to apply to the judicial authorities of the Republic of Kazakhstan at the location of the Contractor.
12.6. The Contractor reserves the right to expand and reduce the general offer of services on the website, regulate access to ordering any services, as well as suspend or terminate the sale of any services at its own discretion.
13. Address and Details of the Contractor
TOO “Demalys Zhaiy”
Address: 030000, Republic of Kazakhstan,
Aktobe city, Abilkayir Khan Avenue, 44/2
BIN: 931240001596
Bank account: KZ62998MTB0000836176
in «First Heartland Jusan Bank» JSC
BIC: TSESKZKA
reception@hotel-aktobe.kz
+7-776-222-31-31
+7-3132-54-40-42
+7-3132-56-28-29