Individual Entrepreneur Bektursunov A., acting on the basis of the State Registration Certificate No. 068969, hereinafter referred to as the "Contractor", by this public offer proposes to any individual or legal entity (hereinafter referred to as the "Client") to conclude an Agreement for the provision of tourist services (hereinafter referred to as the "Agreement").
1. GENERAL PROVISIONS AND ACCEPTANCE
1.1. This document is a public offer in accordance with Articles 396 and 398 of the Civil Code of the Kyrgyz Republic.
1.2. Acceptance (acceptance) of this offer is the performance by the Client of any of the following actions:
• full or partial payment for the Contractor's services;
• confirmation of booking through the forms on the Tour-Kyrgyzstan.com website;
• written confirmation of consent to the tour program via messengers or e-mail.
1.3. From the moment of acceptance, the Agreement is considered concluded in writing, does not require bilateral signing, and has full legal force.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to organize and provide a complex of tourist services (hereinafter — the "Tour"), the program of which is agreed upon by the Parties individually or presented on the Website.
2.2. The Client undertakes to accept and pay for the Contractor's services in accordance with the terms of this Agreement and its Annexes (including the "Booking Terms & Conditions" section).
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Contractor undertakes:
3.1.1. To provide the Client with full information about the Tour: itinerary, accommodation conditions, meals, equipment requirements, and safety rules.
3.1.2. To organize the booking of third-party services (hotels, transport, guides) necessary for the implementation of the Tour.
3.1.3. In case of impossibility to provide a booked service, to replace it with a service of similar or higher quality without additional charge from the Client.
3.2. The Client undertakes:
3.2.1. To timely provide the Contractor with reliable information: passport data, presence of medical contraindications, allergies, etc.
3.2.2. To pay for the Tour within the terms and on the conditions specified in the "Booking Terms & Conditions".
3.2.3. To comply with the rules of stay in the Kyrgyz Republic, customs and border regulations, as well as safety rules established by guides on the route.
3.2.4. To independently and at their own expense ensure the availability of a valid insurance policy with "Active Leisure/Mountaineering" coverage (if required by the Tour program).
3.3. The Contractor has the right:
3.3.1. To make changes to the travel schedule and the sequence of visiting objects due to weather conditions, road conditions, or other circumstances threatening the safety of tourists.
3.3.2. To terminate the provision of services to a Client whose behavior violates public order, moral norms, or poses a threat to the life and health of others, without reimbursement of the Tour cost.
4. PAYMENT AND CANCELLATION POLICY
4.1. The cost of the Tour is determined by the Contractor and fixed in the invoice or the Tour program.
4.2. The procedure for making a deposit, full payment, and the conditions for refunding funds upon cancellation of the Tour are regulated by the "Booking Terms & Conditions" section, which is an integral part of this Offer.
4.3. All bank commissions related to the transfer of funds shall be paid by the Client.
5. LIABILITY AND LIMITATIONS
5.1. The Contractor is responsible for the execution of the Tour program, except for cases provided for in clause
5.2. The Contractor is exempt from liability for:
• damage resulting from the actions/inaction of the Client (loss of documents, lateness to the meeting point, violation of guide instructions);
• the safety of personal belongings and luggage of the Client (luggage insurance is recommended);
• any injuries or illnesses received during the Tour, unless they are a direct consequence of the Contractor's negligence;
• decisions of the state authorities of the Kyrgyz Republic (border closures, quarantine, visa refusal).
5.3. The Client bears full responsibility for damage caused to the property of third parties (hotels, transport companies, rented equipment).
6. PERSONAL DATA PROCESSING
6.1. The Client consents to the processing, storage, and transfer of their data (including cross-border transfer) for the purposes of organizing the Tour in accordance with the Law of the Kyrgyz Republic "On Personal Information".
6.2. The Contractor has the right to use photo and video materials featuring the Client taken during the Tour for marketing purposes (website, social networks), unless the Client has expressed a written prohibition.
7. FORCE MAJEURE AND DISPUTE RESOLUTION
7.1. The Parties are exempt from liability upon the occurrence of force majeure circumstances (earthquakes, mudslides, avalanches, military actions, epidemics).
7.2. All claims are accepted in writing within 10 (ten) calendar days after the end of the Tour. The Contractor is obliged to consider the claim within 30 days.
7.3. Any unresolved disputes are subject to consideration in Court of Bishkek in accordance with the laws of the Kyrgyz Republic.