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Booking rules
In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, this document is an offer (public offer) addressed to an unlimited number of persons to conclude a contract on the terms and conditions set forth below with any person who has expressed interest in purchasing a tourist product offered for sale by SCAT Airlines JSC.
Agreement to the terms of this public offer is made by ticking the box indicating agreement with its terms on the website of SCAT Airlines JSC (www.sundayairlines.kz) when booking a tourist product.
Acceptance of this public offer is full payment for the tourist product.
1.1. In accordance with the Agreement, SCAT Airlines JSC provides the interested party (hereinafter referred to as the Customer) with a set of tourist services, the full list and consumer properties of which are specified in the Booking Sheet (hereinafter referred to as the Tourist Product), which is provided to the Customer in electronic form after booking the Tourist Product, and the Customer undertakes to pay for the Tourist Product in full. All services included in the Tourist Product are provided to the Customer and/or Tourist by SCAT Airlines JSC.
Location: Building 28/4, Kyzyl Zhar Microdistrict, Abai District, 160020, Shymkent, Republic of Kazakhstan.
Postal address:
Airport, 160020, Shymkent, Republic of Kazakhstan.
Website: www.sundayairlines.kz
BIN 030240005191
1.2. The term “Tourist(s)” in this Agreement refers to the person(s) specified in the Booking Form to whom tourist services are directly provided as part of the Tourist Product.
1.3.Information about the Customer and/or Tourist, to the extent necessary for the fulfillment of the Agreement, is specified in the booking form, which is filled out by the Customer in electronic form on www.sundayairlines.kz and issued to the Customer after payment for the Tourist Product.
1.4. If the Customer orders a Tourist Product for a Tourist from SCAT Airlines JSC and is also the legal representative of a minor Tourist, it is assumed that such Customer is acting on behalf of the Tourist on a legal basis.
1.5. All messages and information sent and provided by SCAT Airlines JSC and received by the Customer or at least one of the Tourists specified in the Booking Form shall be considered sent, provided, and received by the Customer and all Tourists.
2.1. SCAT Airlines JSC undertakes to:
2.1.1. By posting on www.sundayairlines.kz website, inform the Customer about the consumer properties of the tourist product - the program of stay, route, and travel conditions, including information about accommodation, living conditions (location of accommodation, its category), and meals, transportation services for tourists in the country (place) of temporary stay, the availability of a tour guide and/or interpreter and/or instructor-guide, as well as additional services, rules for staying on the itinerary, rules for entering the country (place) of temporary stay and leaving the country (place) of temporary stay, including information on the need for a visa to enter and/or leave the country of temporary stay, on the main documents required to enter and leave the country (place) of temporary stay, on the dangers that the tourist (excursionist) may encounter while traveling, customs, border, medical, sanitary-epidemiological, and other rules (to the extent necessary for the trip), the location, postal addresses, and contact telephone numbers of the state authorities of the Republic of Kazakhstan, diplomatic missions, and consular offices of the Republic of Kazakhstan located in the country (place) of temporary stay, to which the tourist (excursionist) may apply in the event of emergencies or other circumstances threatening the safety of his life and health in the country (place) of temporary stay, as well as in cases of danger of damage to the property of the tourist (excursionist), the address (place of stay) and contact telephone number in the country (place) of temporary stay of the leader of a group of underage tourists (excursionists) if the tourist product includes an organized trip for a group of underage tourists (excursionists) without the accompaniment of parents, adoptive parents, guardians, or custodians, about the national and religious characteristics of the country (place) of temporary stay, about other features of the trip.
2.1.2. No later than 24 hours before the start of the trip, provide the Customer or Tourist with documents certifying the Tourist's right to receive the services included in the Tourist Product, including:
2.1.3. Provide the Customer and/or Tourist with all services included in the Tourist Product, either independently or with the involvement of third parties to whom the Tour Operator entrusts the execution of part or all of its obligations to the Customer and/or Tourist.
2.1.4. Take the necessary measures to ensure the security of the personal data of the Customer and/or Tourists, including during their processing and use;
2.1.5. SCAT Airlines JSC has the right to refuse to perform the Contract only on condition of full compensation to the Tourist(s) for losses caused by the termination of the Contract, except in cases where this occurred through the fault of the Tourist(s).
2.1.6. SCAT Airlines JSC has the right, if the Tour Operator (or other partners of SCAT Airlines JSC) is unable to confirm the tourist services, to provide an equivalent alternative to the tourist services, including a replacement hotel, provided that the class of services for the previously paid category is maintained and the tour dates are observed. In this case, Tourists are obliged to accept the replacement tourist product offered by SCAT Airlines JSC, without compensation and/or refund of the money paid for tourist services under the Agreement.
2.1.7. SCAT Airlines JSC has the right to send advertising material to the Tourist (s) using the details specified in this Agreement, and the Tourist (s) agree to receive advertising material from SCAT Airlines JSC.
2.2. The Customer undertakes to:
2.2.1. Pay for the Tourist Product in full and in a timely manner, in accordance with the terms and conditions of this Agreement;
2.2.2. Provide SCAT Airlines JSC with a valid foreign passport (for all departing persons), other documents required for visa processing, and comply with all requirements and conditions imposed by Consulates/Embassies of foreign countries in a timely manner, in accordance with the requirements of Consulates/Embassies of foreign countries which are indicated on the Tour Operator's website, as well as on the website of the relevant consulate (embassy) of the foreign country. If the consulate (embassy) of a foreign state requires an interview, the Tourist is obliged to appear in person at the Consulate/Embassy for an interview or other formalities (fingerprinting, etc.) within the time limits specified in such a requirement.
2.2.3. Arrive at the airport, train station, pier, or other point of departure no later than 2.5 hours before the departure of the means of transport, and complete all pre-flight formalities required by aviation law and other transport legislation in a timely manner, guided by the information provided by the carrier, airport services, or rail, sea, or river transport services.
2.2.4. Pay for an entry visa to the country of stay and airport fees, if these were not paid when purchasing the Tourist Product;
2.2.5. Comply with customs and border regulations, laws and local customs of the country of stay, hotel rules and other recommendations and instructions provided by SCAT Airlines JSC upon the conclusion of this Agreement, as well as those received from representatives of the Travel Agent in the country of temporary stay;
2.2.6. Ensure that the parents of a minor Tourist traveling without at least one parent provide notarized consent for the minor to travel outside the Republic of Kazakhstan;
2.2.7. No later than one day before the start of the trip, clarify the departure time either with the Travel Agent, on the Travel Agent's official website, or on the relevant official website of the carrier. In case of failure to comply with the above requirements, the Customer and/or Tourist shall be liable for any negative consequences.
2.3. The Customer undertakes to inform the Tourist of the terms of the Agreement, other information specified in the Agreement, and to provide the Tourist with the documents received from SCAT Airlines JSC for the Tourist to travel.
2.4. The Customer shall provide SCAT Airlines JSC with their contact details, as well as the Tourist's contact details necessary for operational communication. The Customer and the Tourist are obliged to keep the means of communication specified by the Customer in accordance with rule 2.4 of the agreement switched on and have a regular access to them, check the infroma tion sent by SCAT Airlines JSC, in case if the information received is not clear immediately contact SCAT Airlines JSC for clarification;2.5. The Customer shall provide SCAT Airlines JSC with the documents and information necessary for the execution of the Agreement.
2.5. The Customer shall provide SCAT Airlines JSC with the documents and information necessary for the execution of the Agreement.
2.6. The Tourist shall vacate the accommodation (place) on the last day of their stay before the check-out time, pay the bills for services provided in the accommodation and not included in the Tourist Product.
2.7. The Customer or Tourist must immediately inform SCAT Airlines JSC of any failure or improper provision of services included in the Tourist Product by third parties involved by the Travel Agent.
2.8. In cases where the actual performance of the Customer's obligations under the Agreement is carried out by the Tourist, any such failure or breach of obligation shall be considered a breach or failure committed by the Customer itself.
3.1. In case of failure to fulfill or improper fulfillment of the terms of this Agreement, the parties shall be liable in accordance with the current legislation of the Republic of Kazakhstan and the terms of this Agreement.
3.2. The tourist(s) shall be liable for damage to property or unlawful actions during the trip in accordance with the applicable laws of the country of temporary stay.
3.3. In case of violation by the Tourist(s) of the applicable rules of travel, registration or baggage transportation, damage to the property of the transport company or violation of the rules of stay at the hotel or non-compliance with the legislation of the country of stay, fines shall be imposed on the Tourist(s) in the amounts provided for by the relevant rules and regulations of the transport company, hotel, country of stay. SCAT Airlines JSC shall not be liable in this case.
3.4. For violation of the payment terms established by this Agreement, the Tourist shall pay SCAT Airlines JSC a penalty of 0.1% of the amount for each day of delay.
3.5. SCAT Airlines JSC shall not be liable for losses incurred by the Tourist and/or the Customer in connection with:
3.5.1. the actions of embassies (consulates) of foreign states, other organizations, except for organizations that are engaged by the Travel Agent to provide services included in the Tourist Product, including the refusal of a foreign embassy (consulate) to issue (delay) entry visas to tourists on the travel route, if all the necessary documents were submitted to the foreign embassy (consulate) by the Travel Agent or directly by the Customer within the established time limits;
3.5.2. refusal to allow the Tourist to leave/enter the country when passing through passport border or customs control, or the application of penalties to the Tourist by the authorities carrying out border or customs control for reasons not related to the fulfillment of Kaztour's obligations under the Agreement;
3.5.3. the Tourist's late arrival at the time of departure of the transport specified in the ticket;
3.5.4. the Tourist's refusal to take out voluntary insurance for the duration of the services provided as part of the Tourist Product or the Tourist's lack of such insurance;
3.5.5. if a citizen of the Republic of Kazakhstan, including a minor, does not have the documents required for traveling abroad in accordance with the current legislation of the Republic of Kazakhstan;
3.5.6. if the Tourist violates the rules for travel and baggage transportation, as well as the rules of conduct in the country of temporary stay;
3.5.7. the tourist changing the conditions of the paid trip on their own initiative (including accommodation, excursions, transportation, meals, etc.), including, but not limited to, the tourist's refusal to fly on any part of the air route. In this case, the cost of unused services shall not be refunded, and all newly purchased services shall be paid for by the Tourist independently;
3.5.8. causing harm to the health and/or property of the Tourist by third parties during the trip while performing services not provided for in the Contract; loss or damage to the Tourist's passport and other documents, other material values belonging to the Tourist. Damages shall be compensated by the person who caused the harm in accordance with applicable law;
3.5.9. the Tourist's late arrival for a connecting flight or train, river or sea vessel for transfer through his own fault, as well as due to the delay or cancellation of the flight or train on which the Tourist is transported to the connecting airport/railway station or port, pier of transfer;
3.5.10. if the Customer or Tourist fails to provide timely information about changes in their data;
3.5.11. errors made when filling out the booking form, or the provision of incomplete and/or inaccurate information by the Customer, which subsequently led to errors and inaccuracies in the preparation of documents by SCAT Airlines JSC.
3.6. Reimbursement of the Tourist's monetary expenses for paid services shall not be made if the Tourist, at his/her discretion or in connection with his/her interests, did not use all or part of the services provided without notifying the Tour Operator thereof.
3.7. If, for any reason, the Tourist did not use the transportation on any section of the air transportation route within the framework of the Tourist Product and did not inform SCAT Airlines JSC and/or the Travel Agent of their intention to continue air transportation on subsequent sections of the air transportation route, transportation on subsequent sections will be canceled.
4.1. The Customer of the Tourist Product selects the Tourist Product on www.sundayairlines.kz. After selecting the Tourist Product, the Customer books the Tourist Product and pays for it using the Customer's credit card. If payment for the Tourist Product is not made or is only partially made within 1 (one) banking day from the moment of booking, the booking is considered canceled, and when making an additional payment, the Customer creates a new booking and pays or makes an additional payment for the Tourist Product.
4.2. The cost of the Tourist Product is determined on the basis of the prices and rates specified in the Booking System, price appendices, specifications, and catalogs on www.sundayairlines.kz. The cost of the Tourist Product is expressed in the national currency of the Republic of Kazakhstan - tenge.
4.3. In the event of an increase in the cost of the Tourist Product for objective reasons, such as: an increase in the cost of transportation by the carrier (including, but not limited to, an increase in the cost of air transportation, an increase in transportation fares), a significant change in foreign currency exchange rates, SCAT Airlines JSC has the right to offer the Customer a proportional increase in the price of the Tourist Product, and the Customer has the right to make an additional payment within 5 (five) days from the moment of notification, but no later than 1 (one) working day before the date of commencement of services within the framework of the Tourist Product.
4.4. The Tourist Product shall be considered paid for from the moment of receipt of full payment for the Tourist Product to the current account of SCAT Airlines JSC.
5.1. Features of accommodation services:
5.1.1. Payment for accommodation in a hotel or other accommodation facility is calculated on a daily basis, starting from the check-out time according to local time on the first day of stay, regardless of the time of the Tourist's check-in. The room must be vacated no later than the check-out time on the last day of stay.
5.1.2. The category of the hotel or other accommodation facility specified in the booking form and voucher is usually determined in accordance with the certificate issued by the competent authorities of the country where the accommodation facility is located, and in its absence, it is approximate (unofficial) (may imply a different level of service depending on the country where the hotel is located) and is determined on the basis of a hotel catalog or information provided by the hotel, guesthouse, sanatorium, or other accommodation facility.
5.1.3. Features of transportation services: The travel agent makes reservations, pays for transportation (in some cases, issues airline tickets for transportation included in the Tourist Product on behalf of the carrier), and transfers transportation documents to the Customer or Tourist.
5.1.4. In the event of cancellation of the transportation contract/refusal to perform the Contract, the transportation fee paid for tickets included in the Tourist Product may not be refundable in accordance with the carrier's fares and the terms of the agreement between the carrier and (or) the carrier's agent on the one hand, and the Travel Agent on the other. Commissions and service fees paid when issuing travel documents are non-refundable.
6.1. At the request of the Tourist, a voluntary insurance contract may be concluded in their favor, the terms of which provide for the insurer's obligation to pay and/or reimburse the costs of emergency or urgent medical care provided to the Tourist in the country of temporary stay in the event of an insured event in connection with injury, poisoning, sudden acute illness, or exacerbation of a chronic illness, including medical evacuation of the Tourist in the country of temporary stay and from the country of temporary stay to the country of permanent residence (hereinafter referred to as medical care) in emergency and urgent forms in the country of temporary stay), and (or) the return of the body (remains) of the Tourist from the country of temporary stay to the country of permanent residence.
6.2. A tourist traveling under this Agreement is considered insured and has rights and obligations in accordance with the insurance policy issued and the insurance rules developed by the insurer or association of insurers, taking into account the requirements of international agreements of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on insurance. The insurance policy is a contract concluded between the Tourist and the insurer.
6.3. The obligations of SCAT Airlines JSC to arrange insurance are considered fulfilled from the moment the insurance policy is transferred to the Customer or Tourist.
6.4. If the legislation of the country (place) of temporary stay does not establish requirements for providing guarantees of payment for medical care to persons temporarily staying in its territory, SCAT Airlines JSC is not obliged to provide such guarantees (insurance), but may offer the Tourist and/or assist the Customer in concluding a voluntary insurance contract.
7.1. In the event of failure to pay for the Tourist Product, failure to provide the documents necessary to obtain a visa, failure of the Tourist to appear at the Consulate/Embassy of a foreign state for an interview or identity verification procedures (fingerprinting, etc.) in accordance with the terms of this Agreement, it shall be deemed that the Customer has refused to perform it.
7.2. SCAT Airlines JSC has the right to refuse to perform its obligations under the contract for the provision of paid services only on condition of full reimbursement of the actual expenses incurred by the Customer.
7.3. In the event of refusal by the Tourist and/or Customer to purchase the Tourist Product, SCAT Airlines JSC shall be obliged to refund the money paid for the Tourist Product, but has the right to demand that the Tourist and/or Customer pay its actual expenses incurred in connection with the organization, payment, and provision of services within the framework of the Tourist Product, including, but not limited to, expenses related to refusal of transportation (carriers' penalties, non-refundable carriers' fares) and accommodation (payments to accommodation facilities in connection with non-arrival, refusal of quotas or part thereof in accommodation facilities, cancellation of accommodation, later than the terms provided for in the contracts of SCAT Airlines JSC with accommodation facilities, their agents or other persons providing accommodation services). In this case, SCAT Airlines JSC has the right to withhold the amount of actual expenses incurred from the amounts already received by SCAT Airlines JSC from the Customer of the Tourist Product. Refunds are made in accordance with the rules of the international or Kazakhstani payment system (Mastercard, Visa) used to pay for the Tourist Product. Insurance fees paid under voluntary insurance contracts, consular fees paid at the time of receipt by the Tour Operator of the application for cancellation of the Tourist Product for the consideration by a foreign consular office of the documents submitted by Tourists for obtaining visas are not refundable.
7.4. The Tourist and/or Customer has the right to refuse to perform this Agreement at any time prior to the provision of services under the Tourist Product. The refusal shall be made by sending a written statement to SCAT Airlines JSC. The statement shall be submitted by courier, postal mail, or any other means that allows the sender to be identified.
7.5. Upon termination of the Agreement, all rights and obligations under it shall be deemed terminated, except for the Parties' obligations to make mutual settlements and pay damages, penalties, and fines.
8.1. The Parties shall be exempt from liability for improper performance or non-performance of their obligations under the Agreement in the event of force majeure circumstances. The Parties shall consider the following circumstances to be force majeure: fire, flood, earthquake, snow drifts and other natural disasters, mass diseases, military actions of any nature, terrorist acts, strikes, decisions of state authorities, changes in the legislation of the Republic of Kazakhstan or the country of residence or transit of the Tourists, as well as restrictions or cancellation of transport services, traffic jams on roads, and other circumstances that the Parties cannot influence or prevent by reasonable measures. The existence of force majeure circumstances must be confirmed by the competent authorities. The circumstances mentioned must be of an extraordinary and unavoidable nature and arise after the conclusion of the Agreement. Upon the occurrence of the circumstances mentioned, the term for the performance of obligations by the Parties under this Agreement may be changed in proportion to the time during which such circumstances will remain in effect. If these circumstances continue for more than 14 (fourteen) calendar days, each Party shall have the right to refuse to perform its obligations under the Agreement, and in this case, neither Party shall be entitled to compensation from the other Party for possible losses on the grounds of force majeure.
9.1. The Customer authorizes SCAT Airlines JSC to process their personal data and the personal data of the Tourist and/or Customer, namely surname, first name, father's name, date of birth, gender, postal address, contact telephone numbers, email address, including the collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer within the territory of the Republic of Kazakhstan and cross-border transfer), depersonalization, blocking, and destruction of personal data, for conducting surveys and research aimed at improving the quality of services, for conducting marketing programs, and statistical research. The Customer hereby agrees and authorizes SCAT Airlines JSC to process their personal data for the purpose of informing the Customer and/or Tourist about promotions conducted by SCAT Airlines JSC promotions and discounts offered by SCAT Airlines JSC, as well as to send the Customer and/or Tourist holiday greetings by contacting the Customer and/or Tourist directly through various means of communication, including, but not limited to: postal mail, email, telephone (including mobile), fax, and the Internet.
9.2. The Customer and/or Tourist agrees that, if necessary for the purposes specified above, their personal data obtained by SCAT Airlines JSC may be transferred to third parties to whom SCAT Airlines JSC may entrust with the processing of the Customer's and/or Tourist's personal data on the basis of a contract concluded with such persons, subject to compliance with the requirements of the legislation of the Republic of Kazakhstan on ensuring the confidentiality of personal data and the security of personal data during their processing by such third parties.
9.3. The consent given by the Customer and/or Tourist to the processing of their personal data may be withdrawn by sending written statements to SCAT Airlines JSC. The consent of the Customer and/or Tourist to the processing of their personal data shall be deemed withdrawn after 10 (ten) business days from the date of receipt of the statement, unless a later date is specified in the statement.
9.4. The consent given by the Customer and/or Tourist in accordance with this paragraph 9 is valid for a period of 10 (ten) years.
10.1. This agreement is concluded by the Customer accepting the Public Offer posted on www.sundayairlines.kz. The terms and conditions of the Public Offer are fully understood and accepted by the Customer.
10.2. All notices, letters, and other correspondence and documents shall be sent by one of the following methods to the addresses specified in Section 1 of the Agreement: in person, by registered mail with delivery confirmation, by courier service with delivery upon receipt, as well as by fax and/or email. All notifications, letters, other correspondence, and documents shall be sent to the Customer and/or Tourists by one of the following methods to the addresses specified in the Contract Booking Sheet: in person, by registered mail with delivery confirmation, by courier service with delivery upon receipt of a receipt, as well as by fax and/or email. The documents specified in this clause shall be deemed to have been received by the Parties upon receipt of confirmation of delivery/receipt, and documents sent by e-mail to the Parties shall be deemed to have been received upon sending to the e-mail address specified in this clause. In this case, the Parties shall bear the risk of adverse consequences in the event of the unavailability of e-mail for any reason, technical failures in the network, technical malfunction of e-mail, or absence at the location.
RESERVATION RULES
In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, this document is an offer (public offer) sent to an unlimited number of persons to conclude a contract on the terms specified below with any person who has expressed interest in purchasing a tourist product.
Agreement to the terms of this public offer is made by checking the box indicating agreement with its terms on www.sundayairlines.kz when booking a tourist product. Acceptance of this public offer is full payment for the tourist product.
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