ДОГОВОР ОФЕРТЫ
- Terms and definitions
- General provisions
- Subject of the agreement
- Terms of Service
- Rights and obligations of the Customer and the Contractor
- Offer acceptance and contract conclusion
- Payment procedure
- Cancellation, change of the Order and refund to the Customer
- Responsibilities of the parties and resolution of disputes
- Respect for confidentiality
- Circumstances of force majeure
- Change and termination of the contract
- Details of the Contractor
1. Terms and definitions
Contract – this agreement of the parties on all essential terms and conditions for 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. This contract is a transaction consisting of an accepted public offer and its integral parts in the form of rules and regulations posted on the sites. The order of registration of the contract is defined further in accordance with the current legislation of the Kyrgyz Republic.
Offer – a public offer to conclude an agreement posted on the website www.white.kg
Acceptance – complete and unconditional acceptance by the Customer of the terms of this contract.
Website – the Contractor’s website on the Internet, located at www.white.kg, where the Customer issues Orders.
Hotel – White Hotel & Hostel.
The contractor is MAS GROUP LLC.
The customer is a capable physical person who has reached the age of 18, who has the legal right to enter into contractual relations with the Contractor, including booking services on websites.
Order – a set of Hotel services, formed by the Customer by selecting the appropriate option as a result of a search in the online booking system or with the help of sales managers.
The online booking and payment system (System) is an information system containing information on incoming Orders, availability of places in the Hotel, rates and rules for their use, as well as other conditions for the provision of services offered. Information in the System can be changed or supplemented at any time, in connection with this, the Customer is offered to use the System in the “as is” mode.
Contact details – personal and contact details of the Customer for prompt communication with him on matters relating to the ordered services.
Booking – reservation of places in the Hotel, which occurs as a result of a number of actions performed by the Customer in the System in accordance with the Rules of booking and payment or with the help of sales managers.
Booking and payment rules – a set of rules and instructions, in accordance with which the Customer performs the booking of Hotel services on the websites and in the sales department, as well as the payment of the reservation made.
2. General Provisions
2.1. This contract is the official public offer of the Contractor and contains all the essential conditions for the provision of the Hotel Reservation service.
2.2. The fulfillment by the Customer of actions to fulfill the conditions contained in the offer is considered an acceptance (Article 457 of the Civil Code of the Kyrgyz Republic).
2.3. Relationships of the parties under this agreement are governed by the legislation of the Kyrgyz Republic.
2.4. This offer is addressed to individuals.
3. Subject of the agreement
3.1. The Contractor renders services to the Customer on the Booking of rooms in the Hotel, the Customer undertakes to accept and pay for the ordered services.
3.2. This contract is considered to be concluded from the moment the Customer makes his acceptance.
3.3. This contract is the main document in the official relationship between the Customer and the Contractor.
3.4. Services are provided in the manner prescribed by the current legislation of the Kyrgyz Republic and under the conditions defined by the Hotel.
4. Terms of Service
4.1. In order to place an Order and make a payment, the Customer must fill in all the required fields on the reservation form posted on the websites or make a reservation with the help of sales managers. In this case, the Customer must provide all the necessary data stipulated by the Rules of booking and payment.
4.2. The customer is responsible for the accuracy and reliability of all data provided to the Contractor. The customer confirms and guarantees that he has reached the age of 18, has full legal capacity, financial soundness and legal right to enter into rights and bear obligations in civil and other types of transactions, both in his own name and in the interests of others .
4.3. Registration and online payment of the Order is made by the Customer independently on the sites or with the help of sales managers.
4.4. With all the terms of service the customer is acquainted in the process of ordering.
4.5. The Customer shall pay for the Order in accordance with section 7 of this contract.
5. Rights and obligations of the Customer and the Contractor
5.1. Customer Rights
5.1.1. Search, book and pay for the services of the Hotels using the System and other methods indicated on the sites. At the same time, the Customer acknowledges that in the case of using the System, he fully and unconditionally accepts the terms of this agreement, regardless of how the Booking and Payment for the Order was made.
5.1.2. Refuse the Order or change the Order on the conditions specified in section 8 of this contract.
5.1.3. The customer has the right to receive booked services in the terms and in the amount specified in the Order.
5.2. Rights of the Contractor
5.2.1. Require the Customer to comply with the terms of the Booking and Payment Rules published on the sites, and this agreement. The Contractor shall be liable for the proper performance of the contract only in the case of actions and procedures performed by the Customer in full compliance with these conditions.
5.2.2. Require the customer to fully agree with the terms of this contract. In case of disagreement with the terms of this agreement, refuse to provide services to the Customer.
5.2.3. Require the Customer to complete payment of the Order. In case of non-receipt of payment from the Customer in time, established in the Rules of booking and payment, cancel the Order.
5.2.4. Attract third parties to perform reservation services for the purposes of this Agreement.
5.2.5. To terminate the contract in a unilateral out-of-court procedure, if the Customer has provided the Contractor with inaccurate data, as well as deliberately false and / or illegally used by the Customer bank card data.
5.2.6. Perform in exceptional cases the replacement of a room in the Hotel, previously confirmed, with a similar one with accommodation in a room of the same category or of a higher category at no additional charge.
5.2.7. If necessary, turn off and turn on the System at any time, informing the Customer about it on websites.
5.3. Customer Responsibilities
5.3.1. Do not proceed to placing an order without first reading this contract and the Rules of booking and payment. If the Customer proceeds to the processing and payment of the Order, the Contractor believes that the Customer is fully acquainted and agrees with the terms of this contract and the Rules of booking and payment.
5.3.2. Independently get acquainted on the sites of the Contractor with information about the Hotel and its services, including the cost of services.
5.3.3. When placing an order and making an online payment, indicate the current contact information needed by the Contractor for prompt communication with the Customer.
5.3.4. Provide all the necessary information about the persons entering the Hotel for ordering.
5.3.5. Timely pay in full the cost of the Order by any of the proposed methods of payment presented on the sites, in the terms and conditions specified by the Contractor in the Rules of booking and payment. In case of payment of the Order with a bank card via the Internet, it is necessary to use only a bank card owned by the Customer. In order to avoid fraud, the Contractor checks the payment and contacts the Customer to resolve the issues raised. If the Customer is unavailable or the question remains unresolved, the Contractor reserves the right to cancel this Order and return the funds to the bank card of its owner.
5.3.6. In case of refusal from the Order or from part of the services in the Order, as well as to change the ordered services, immediately notify the Contractor in the manner prescribed in the Booking and Payment Rules.
5.3.7. Unless otherwise provided by this agreement and does not follow from the substance of the obligations or the requirements of the law, the contractual rights and obligations of the Customer also apply to persons in whose interests this agreement is concluded.
5.4. Duties of the Contractor
5.4.1. Provide the Customer on the sites with the necessary information about the Hotel and its services, as well as the rules for processing and paying for the Order.
5.4.2. Accept payment for the Order from the Customer (including through third parties) after proper execution of the Order and successful Booking of services.
6. Offer acceptance and contract conclusion
6.1. The customer accepts the offer by performing the following actions in the System:
booking reservation
Order payment
After performing any of these actions by the Customer on the Contractor’s sites, the contract is considered to be concluded.
7. Payment Procedure
7.1. The cost of services is determined in the Order, formed by the Customer in accordance with the selected set of services.
7.2. The cost of services is set in Kyrgyz soms and US dollars and is indicated on the website. The cost of services may be changed by the Contractor unilaterally.
7.3. All payments under the contract are made in Kyrgyz soms and US dollars.
7.4. Payment for the Order is made in accordance with the Rules of booking and payment in the amount of 100 (one hundred)% of the amount of the Order within the period established depending on the methods of payment.
8. Cancellation, change of the Order and refund to the Customer
8.1. Prior to payment, the Customer may at any time cancel the Order or make changes to the Order in the manner prescribed by the Booking and Payment Rules.
8.2. Refunds to the Customer in case of cancellation of the Order or no-show at the Hotel are made in the manner and under the conditions stipulated by the Booking and Payment Rules.
9. Responsibilities of the parties and resolution of disputes
9.1. For non-fulfillment and improper fulfillment of obligations under this agreement, the parties are liable in accordance with the current legislation of the Kyrgyz Republic.
9.2. The Contractor shall not be liable for the impossibility of serving the Customer for any reasons, including disruption of the communication lines, equipment malfunction, etc.
9.3. The Contractor shall not be liable to the Customer in the event of non-performance or improper performance of the services on its part or on the part of third parties, arising from violations of the terms of this Agreement by the Customer.
9.4. The Customer represents the interests of all persons specified in the Order, and is personally liable to the Contractor for the correctness of the data about them, for the fulfillment of all obligations by the persons.
9.5. The customer is responsible for fulfilling his obligations to the Contractor with the infliction of both material damage and damage to his business reputation. Any wrong or fraudulent booking or resale of the Order is prohibited.
9.6. The Contractor is liable for the material damage caused to the Customer due to the non-provision of services to the Customer due to the Contractor’s fault in the amount specified in the Order, in the manner prescribed by the current legislation of the Kyrgyz Republic, except for cases when the violation of the Customer’s rights occurred due to force majeure.
9.7. The Contractor shall not be liable in the event of non-fulfillment or improper performance of the services on its part or on the part of third parties, arising from inaccuracy, insufficiency or untimely information and documents provided by the Customer, as well as those resulting from other violations of the terms of the contract and / or the Booking Rules payment by the customer.
9.8. The Contractor shall not be liable to the Customer in case of being late by the date of check-in at the Hotel for more than 1 day or early departure.
9.9. The Contractor publishes information about the Hotel and its services on its websites and is responsible for its relevance and accuracy.
9.10. In the event of claims for services during the period of stay in the Hotel, the Customer should contact the representative of the Hotel to eliminate the deficiencies in the provision of services. The parties will make every effort to reach agreement on controversial issues through negotiations, taking into account the terms of this agreement.
9.11. For all other matters not provided for in this contract, the parties are guided by the current legislation of the Kyrgyz Republic. All possible disputes arising from the provisions of this contract will be resolved in accordance with the current legislation of the Kyrgyz Republic.
10. Respect for confidentiality
10.1. By accepting the terms of this contract, the Customer agrees to the processing of his personal data, as well as the personal data of the persons on whose behalf and in whose interests he acts (including last name, first name, patronymic, year, month, date and place of birth, address , passport details, etc.), while the Customer is assigned the obligations stipulated by law No. 58 of April 14, 2008 of the Kyrgyz Republic On personal information. Processing of personal data includes the collection, systematization, accumulation, storage, refinement (update, change), use, distribution, depersonalization, blocking, destruction of personal data, and is carried out by the Contractor in order to fulfill its obligations under this agreement. This consent to the processing of personal data is indefinite and may be canceled by submitting a written application from the Customer to the Contractor. Personal information of the Customer is not subject to distribution, except for the cases stipulated by the legislation of the Kyrgyz Republic.
10.2. By accepting the terms of this contract, the Customer expresses its consent to receive information about services, promotions, contests, sweepstakes and other events of the Contractor. The Customer permits this information to be sent to the e-mail address and telephone number (by sending a message) specified when placing the Order in the System. The Customer confirms that he is the owner of the email address and telephone number specified when placing the Order in the System. This consent is indefinite and can be canceled by submitting a written refusal of the Customer in a free form to the Contractor: whitehotelandhostel@gmail.com. Exclusion from the mailing list will be carried out within 5 (Five) working days from the moment the Contractor receives a written refusal.
10.3. The customer is responsible for the confidentiality of their contact information, as well as for all actions carried out with their use. The Contractor shall not be liable and does not indemnify for losses caused by unauthorized use of Customer’s data by third parties.
11.Circumstances of force majeure
11.1. The parties are exempt from liability for full or partial non-performance of their obligations under the contract, if such failure was the result of force majeure, that is, extraordinary and unavoidable circumstances in these circumstances.
11.2. The circumstances of force majeure include, but are not limited to: natural disasters, military actions, national crisis, strikes in an industry or region, actions and decisions of public authorities, failures occurring in telecommunications and energy networks, the operation of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and / or disabling of the software and / or hardware complex of each of the parties.
12. Change and termination of the contract
12.1. This contract is considered to be concluded from the moment of acceptance by the Customer of this offer and is valid until the parties fulfill all their obligations under the contract.
12.2. The Contractor shall have the right to refuse to execute this agreement in a unilateral extrajudicial procedure.
12.3. The Contractor has the right to change the terms of this contract and the Rules of booking and payment without prior notification of the Customer. Knowing about the possibility of such changes, the Customer agrees that they will be made. If the Customer continues to use the services of the Contractor after such changes, it means his acceptance of them.
13. Details of the Contractor
LLC “MAS GROUP”
Legal address: 720076, Bishkek, ul. Vladimirskaya, house 30
Actual address: 720001, Bishkek, ul. Turusbekova 88/2
TIN: 00102201910207
OKPO code: 30391162
Bank: Demir Kyrgyz International Bank
Bank address: Kyrgyzstan, Bishkek, Chui 245
Current account: 1180000126676752 (USD); 1180000122499991 (KGS)
BIC: DEMIKG22
Phone: + (996) 500 605 065