Public contract (offer)
Astana, 2023
ИП «Smart Solutions», hereinafter referred to as the “Operator”, offers paid services on the Internet to any individual or legal entity, hereinafter referred to as the “Buyer” (hereinafter referred to as Services).
This offer, 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 acceptance (acceptance) of the terms of which, in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, is considered to be the Buyer’s implementation of conclusive actions – clicking the “I agree with the terms of the agreement” button located on the Operator’s Website.
1 TERMS AND DEFINITIONS
Within the framework of this Offer, the following terms and definitions are used equally in the singular and plural, unless otherwise follows from the meaning of the term and/or definition, in the following meanings:
Users / Subscribers are persons registered on the operator’s resource in accordance with the established procedure.
Acceptance – acceptance of the terms of the Offer, by means of concrete actions, i.e. by pressing the button “I agree with the terms of the Agreement”
Call center – Operator’s contact center, telephone number: +7 (7172) 79-04-39 / +7 (707) 199-42-04.
Personal account is a section on the Site that is available to the Buyer after registering an account on the Site.
Agent Resources – The operator’s website located at www.citypass .kz and all domains of the following levels related to the Operator’s Resource.
Point of Sale – CityPASS card sales office owned by the Operator and/or Operator’s subagents, third parties engaged by the Operator for the purpose of card sales.
City Pass is a single card for tourists with a continuous validity period in hours: from 24 hours to 72 hours.
The validity period of the card is the period of time when the cards can be activated, that is, within 12 months after purchase. The start of activation is considered to be the moment of electronic scanning, manual data entry from the Card or making an appropriate entry in the guidebook during the first visit to the museum or excursion.
The validity period of the card is a period of time in hours, 24 hours (1 day) and 72 hours (3 days).The cards must be activated – within 12 months after purchase.
Activation of the card is the moment of electronic scanning, manual data entry from the Card or making an appropriate entry in the guidebook during the first visit to the museum or excursion.
Activated card is a card that is used for the first single pass to the museum or on an excursion.
The returned card is the card used to make a refund to the Subscriber.
SUBJECT OF THE CONTRACT
2.1. The Operator provides the Buyer with the opportunity to buy CityPASS cards for sights and excursions in Astana via the Internet.
2.2. Astana PASS is a single card for tourists with a continuous validity period of 24 hours (1 day) and 72 hours (3 days). The cards can be activated within 12 months after purchase. The start of activation is considered to be the moment of electronic scanning, manual data entry from the Card or making an appropriate entry in the guidebook during the first visit to the museum or excursion.
2.3. CITYPASS cards grant the right to a single visit (free of charge) to museums and excursions included in the program. Museums and excursions on the CityPASS Card can be visited during the validity period of the Card;
2.4. To get a free pass to any attractions included in the CityPASS program, you must present an electronic or physical Astana PASS card at the checkout.
2.5. Astana PASS cards are not subject to refund or exchange for cash. Damaged cards can be exchanged for new ones when contacting customer support. In case of violation of the rules of use, the Card will be blocked.
2.6. The cards must be activated within 12 months after purchase. The start of activation is considered to be the moment of electronic scanning or manual data entry from the Card.
RIGHTS AND OBLIGATIONS OF THE OPERATOR
3.1. The Operator regularly updates the information on the program website. However, the operating hours of attractions and other conditions may change, so CityPASS Card users are advised to additionally check the current schedule directly with the museum, the organizer of excursions.
3.2. The Tourist Map includes the best sights of the city of Astana. Cooperation is carried out on a contractual basis. If any of the partners does not provide the service properly, in violation of their obligations, the Program Operator is not responsible for this. At the same time, the Operator takes all possible measures to ensure high-quality service on the CityPASS Card and to exclude such situations.
3.3. The Operator does not provide compensation for CityPASS Card services that the Client did not use during the validity period of the Card, as well as for services that were not provided due to force majeure and technical reasons that arose from the partners. The Operator notifies CityPASS cardholders of such situations by publishing news on the website as soon as possible.
3.4.. The CityPASS Card offer cannot be combined with other discounts from partners. If the partner has a higher discount during the visit than offered under the CityPASS program, the client has the right to use a more favorable offer.
3.5. The Operator has the right to send e-mails and SMS messages of informational and advertising nature to the Buyer’s e-mail address and mobile phone. At the same time, the Operator undertakes not to transfer the address and other information about the User to third parties.
3.6. According to clause 18 of the “Rules for Electronic Commerce” approved by the Order of the Acting Minister of National Economy of the Republic of Kazakhstan No. 720 dated November 25, 2015, the Operator acting as an intermediary between the Organizer of Events and the Buyer is not liable for contracts concluded using electronic documents (electronic messages), in respect of which they services were provided.
3.7. The Operator has the right to change the terms of this Agreement unilaterally at any time, while ensuring the publication of the amended terms on the Website.
RIGHTS AND OBLIGATIONS OF THE BUYER
4.1. The Buyer is solely responsible for the safety of the CityPASS card and all other additional attachments of the package.
4.2. The Buyer is obliged to familiarize himself with the internal rules of visiting attractions, excursions.
4.3. The Buyer has the right to return the Astana PASS card if the card has not been activated yet, the activation is considered to begin at the time of electronic scanning, manual data entry from the Card or making a corresponding entry when visiting the museum or the excursion for the first time or using a transport bus.
CONDITIONS FOR THE RETURN OF CARDS.
5.1. In case of cancellation of the order for the purchase of Astana PASS, the funds are transferred to the bank card, the details of which were specified at the time of purchase.
5.2. The Customer has the right to cancel the paid order at least 1 day before the date of delivery / receipt of the order. To do this, you need to write a request to info@citypass.kz . No cancellation fee is charged. The cards received in hand cannot be exchanged for cash.
PRICES AND POINTS OF SALE
6.1. CityPASS cards have a single price at all official points of sale. Due to the seasonality of the offer of some options, as well as the constant updating of the list of objects included in the program, the composition of the program may vary depending on the time of year. The operator does not guarantee the availability of all types of cards at all points of sale. It is recommended to clarify this information directly in the point of interest.
FORCE MAJEURE
7.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement for the duration of force majeure. Force majeure means extraordinary and insurmountable circumstances that prevent the PARTIES from fulfilling their obligations under this Agreement. These include natural phenomena; the impact of a nuclear explosion, radiation (ionizing radiation) or radioactive contamination with nuclear weapons materials, industrial and research work, or radioactive waste; war, military invasion, hostile actions of a foreign enemy, military actions, military maneuvers and related military activities; civil war, armed insurrection, popular unrest of all kinds, mass riots, forcible seizure or forcible retention of power; epidemics, epizootics, weather conditions, terrorist actions, strikes, seizure, confiscation, requisition, nationalization, etc. The party for which the above circumstances have occurred must notify the other party of their occurrence as soon as possible. At the same time, well-known events do not need any confirmation, with respect to other events, it is necessary to attach appropriate supporting documents, which may be, including, but not limited to, documents originating from competent state authorities.
PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES.
8.1. All disagreements or disputes that may arise will, if possible, be settled by the parties through negotiations.
8.2. If an agreement for any reason is not reached during the pre-trial settlement, the dispute arising from this Agreement is subject to consideration in the Arbitration Court of Astana (if the Buyer is a legal entity or an individual entrepreneur), or in the court of general jurisdiction at the location of the Operator (if the Buyer is an individual).
8.3. The Buyer’s claims for the Services provided are accepted and considered by the Operator only in writing and in accordance with the procedure provided for by the current legislation of the Republic of Kazakhstan.
ИП «Smart Solutions»
Юридический адрес: Республика Казахстан, г. Астана, район Алматы, ул. Кайрата Рыскулбекова 16А, кв. 141.
ИИН: 940402300080
Кбе 19
ИИК 1696503F0009721431
БИК IRTYKZKA
Филиал АО «ForteBank» в г. Астана
Support Service: info@citypass.kz
+7 (7172) 79-04-39
