Public offer Agreement
Public offer agreement
The text of this document is the Public Offer Agreement of Touristic service arranging by «1001nights» Royal Travel Group associated with «DA YAUN TEX SERVICE» LLC with the following terms and conditions.
We recommend you to read the public offer agreement before applying tour booking and payment.
1. General provisions
1.1. Website - a set of web pages published on the Internet, united by a single domain name as below: https://1001nights-uzbekistan.com, which was designed to order Services via the Internet. The starting page of the website is https: // 1001nights-uzbekistan.com and provides access to all other web pages of the website.
1.2. Services – are all actions of Contractor in organization and conducting a tourist tour, which includes accommodation, transportation of Tourists, excursions arranging, tour guides providing and other services. The full list of Services is published on the Website;
1.3. Contractor of Tourist tour organization and arrangement is the Royal Travel Group “1001nights” associated with «DA YAUN TEX SERVICE» LLC.
1.4. Customer is a person who ordering the Services by his own name or on behalf of a Tourist, including the cases of ordering the Services on behalf of legal representative of a minor Tourist.
1.5. Tourist is a person receiving the Services directly within the limits of chosen tourist tour.
1.6. Request is an official Customer demand of his intention to purchase the Services, which could be sent to the Contractor by filling out the application forms listed on the Website.
1.7. Offer Agreement is the text of current document including all applications, amendments and additions to it, which is posted on the Website and available on Internet by the following link : https: // 1001nights-uzbekistan.com. Offer Agreement is containing conditions and orders of providing Services.
1.8. Contract is agreement between Customer and Contractor of providing tourist services which is made as provision for current Offer Agreement.
2. General Terms
2.1. Contract is legally binding document controlling relations between Customer and Contractor which could be appeared thereon with Services providing.
2.2. Paying for Services Customer is agree with the following terms:
a. Customer read all the terms and provisions of current Offer Agreement.
b. Customer accepts full and complete all the terms of current Offer Agreement without any restrictions from his own side (Offer Agreement acceptance).
c. Contract made by Offer Agreement acceptance is actual in its digital form and no need contract signing from both sides.
d. If Customer is not agree with terms and provisions of current Offer Agreement or has no legally power of conducting Contract, he should refuse Services payment.
e. Offer Agreement or any of its parts could be changed by Contractor without any special notification. New edition of Offer Agreement comes in force form its publishing on Website. Customer should monitoring all amendments in Offer Agreement by himself.
2.3. Relations between Customer and Contractor could be regulated by independent documents and agreements. Applying such kinds of documents is not canceling the terms and provisions of current Offer Agreement.
3. Subject of Offer Agreement
3.1. Contractor is obliged to provide Services by Customer request as tour organization, accommodation, excursion arrangement and other service. The full list of Services is published on the Website. Customer is obliged to pay for Services according to Contract.
4. Ordering Procedure
4.1. Website https:// 1001nights-uzbekistan.com is designed to introduce Customers information about Services and Services purchasing via Internet. Fee based Services and other legal acts are applying by Civil code of republic of Uzbekistan in relations between Customer and Contractor.
4.2. Customer orders Services through online request on Website.
4.3. Customer should find tour information and read tour description by himself. If Customer agree with terms of Services, he should send request to Contractor by filling out the application forms listed on the Website.
4.4. After receiving Customer request, Contractor contacts with Customer to check all Request details about place and time of Services and also negotiate and paying procedure.
4.5. Contractor has a right to refuse or accept Customer Request.
4.6. After adjusting and confirmation all details of Request, Customer makes payment according chapter 5 of current Offer Agreement.
4.7. Customer accepts terms and conditions of current Offer Agreement after payment completing.
5. Payment terms
5.1. Service prices are set in US Dollars on Website.
5.2. Selling tour price includes service options which are mentioned in each tour description.
5.3. Tour price is not include service options which are mentioned in every tour description.
5.4. Contractor has a right to change Service prices on Website unilaterally. However, price on Service which was already ordered could not be changed.
5.5. If the additional payment terms were not adjusted, Service payment should be done 100% in advance after confirmation of all details of Request and prior of commencement of Services.
5.6. Services payment could be completed by the following ways:
• By cash money directly to Contractor’s cashier;
• By money transfer to Contractor’s bank account notified in current Offer Agreement, by credit/debet cards and by online money transfer systems. In this case Contractor confirms payment and sends voucher of online purchased tour by email.
5.7. Contractor has a right to provide discounts, bonuses, payment delay or other preferential terms of Services for all or individual Customers.
5.8. Contractor has a right to limit available way of payments for Services.
5.9. Purchased but not used Services aside from reason including transportation, accommodation, feeding and excursions entrance fees and so on are non-refundable and non-returnable.
6. Rights and obligations of Customer
6.1. Customer has a right:
а. To acquaint with services description of materials on Website and send Request on it.
б. To cancel from the Services at any time. In case of cancelling request, Customer has to inform Contractor in written form. Cancellation comes in force from the date of receiving cancelling request by Contractor from Customer in written form. In case of cancelling Services, Contractor deducts a penalty from Customer according the following amounts:
- In case of cancelling over 20 days before arriving – 20% from total tour value;
- In case of cancelling request over 19-15 days before arriving – 25% from total tour value;
- In case of cancelling request in 14-7 days before arriving – 50% from total tour value;
- In case of cancelling request in 6-2 days before arriving – 75% from total tour value;
- In case of cancelling request less 2 days before arriving – payment is non-refundable.
6.2. Customer is obliged:
а. To be acquainted with current Offer Agreement before making a Contract; To Provide all trustworthy information necessary to realize Services.
b. To make Services payment.
c. To contract with medical insurance company to secure from accidents, injures or baggage lost.
d. To inform Tour agency management or local guide about all complains immediately. All complains should be send to Contractor in written form not later than 10 days after tour ending.
е. To execute all obligations including obligations from another chapters of current Offer Agreement.
7. Rights and obligations of Contractor
7.1. Contractor Obligates:
- To provide quantity service in full value
- To provide confidentiality of personal dates of Customer
- To provide free consultation of service to Customer
- To execute all obligations including other obligations of current agreement
7.2. Contractor has a right to deny Customer’s request in case of:
force-majeure (circumstances as fire, strikes, natural disasters and others). In these case Customer has a right to refund 100% of paid amount.
If Customer did not paid for Service in necessary terms request will be canceled without any prior notification.
7.3. Contractor has a right to make pictures of Customer during providing Service and use them in marketing purposes. Customer agrees that his pictures could be used in advertising purposes.
7.4. Contractor has a right on content, including programming product and online services of Site as well as used computer programs, data bases, mapping, referral information, other text materials, images, commercial signs, objects of intellectual properties, trade marks, parts of programming products, online services of Site (regardless of that fact whether they are part of the Site or independent components and ability of extracting them or using individually). Above mentioned rights are protected in accordance with legislation of Republic of Uzbekistan.
7.5. Contractor does administration of current Site and designate its structure, presence, allow or restrict access other users to Site and realize other belonged rights.
7.6. Contractor decides questions of publishing advertising on Site, participation in sponsorship programs and other actions.
7.7. Contractor has a right:
- To change and amend Site design, programming scripts, softwares, content, all Server applications and other components, which are used or keeping on site, with or without prior notification of customer.
- To make mailout of messages to Customer (including messages by email) about starting new services or canceling previous ones, about confirmation and publishing new public offer agreement and other marketing informational notifications about Contractor‘s service.
8. Restrictions and prohibitions
8.1. Customer is prohibited:
- To provide intentionally false and fictional information at the time of Service ordering;
- To act for Site destabilization, to make attempts of unauthorized access to Site administrative panel or its restricted parts (parts for authorized Contractor only) and to make any similar acts.
9. Guarantee and responsibilities
9.1. Contractor is not responsible for quality of provided Services and any other negative consequences for Customer or thirds man, which appeared during the process of Service providing or as result of provided Service in such cases when Costumer provided false or incorrect information necessary for Service providing.
9.2. Contractor is not responsible for results not conforming Customer’s anticipations.
9.3. Customer is responsible for any damage he did to movable and immovable assets of Contractor or other third man during staying period in the accommodation places. Customer is obligated to compensate all damages directly to assets owner.
9.4. Since Site materials and online services are on the stage of their constant improving and updating their functionality, forms and formate of Site content could be changed periodically without prior notification of Customer. Contractor has a right to stop displaying (temporary or irrevocably and unconditionally) Site materials (or its parts) by his sole division and without prior notification of Customer.
9.5. Contractor guarantees Customer to use mentioned Customer’s phone number and email to connect Customer for sending him notifications, messages and other information if it is not conflict with current legislation of Republic of Uzbekistan.
9.6. Contractor is nor responsible for possible failures and pauses of Site working and occurred data loss. Contractor Is not responsible for any damage to Customer’s computer, mobile devices or software occurred while using Site or sites which are available by links published on the Site.
9.7. Contractor Is not responsible for any damage (including lost profits) occurred with reference to Service done.
9.8. Total amount of Contractor‘s responsibility upon Customer is limited by received amount from Customer by Agreement.
10. Force majeure circumstances
10.1. Sides are not responsible for non fulfillment or improper fulfillment of obligations in case of proving their appearance associated with force majeure circumstances which had been appeared after signing of Agreement. Circumstances that could not be predicted and stoped, including military actions, nature forces (fire, flooding and etc), governmental decisions and etc are implicating as force majeure.
10.2. Sides should notify each other about force majeure circumstances during 3 working days after their appearance by sending notification by email or any other available way.
10.3. If force majeure circumstances appeared, terms of providing Service should be delayed on period of circumstances acting.
10.4. If force majeure circumstances are lasting over 30 calendar days, each side has a right to cancel from further fulfilling of obligations. In this case, Contractor and Customer has no right to demand compensating losses appeared in consequence of canceling of Agreement.
11. Final clauses
11.1. Agreement comes in force from the moment of Customer’s payment according to chapter 4.6. Agreement is believed to be completed when Customer or Contractor fulfilled their obligations or canceled Agreement.
11.2. All disputes appeared between Customer and Contractor should be regulated through negotiations. Pre-trial dispute settlement procedure, appeared during fulfilling terms of Agreement, is mandatory condition. Term of pre-trial dispute settlements is 30 days from the moment of receiving reclamation. In case of impossibility or consensus achievement, all disputes should be reviewed in court on the place of Contractor.
11.3. To betweenness relationships of Contractor and Customer should be executed by law of Republic of Uzbekistan.
11.4. Judicial acceptance of any part thereof ineffective or not enforceable, is not leading to cancellation or ineffectiveness of other parts of agreement.
11.5. Agreement, which have been contracted on the base of current Offer, including its all essential parts, other documents made for Agreement implementation and information received during fulfilling Agreement are confidential. This kind of information should not to be disclosed in any way without prior written notification by Sides during whole period of validity and cancellation of Agreement. Otherwise guilted side should compensate all damages (including profit losses) to affected party.
11.6. All notifications, messages, disputes and other documents appeared during fulfilling current Agreement should be sent in written form. Above mentioned documents which have been sent by email with confirmation of their sending have full force and effect and could be used as written evidences.
12. Requisitions of Contractor:
“ 1001nights” Royal Travel Group при OOO «DA YUAN TEX SERVICE»
Tel/fax: + (998 95) 198 66 55
Yakkasaroy , Mirobad st. 2.
Tashkent 100031.
Republic of UZBEKISTAN.
BANK DETILS
Beneficiary’s bank:
Bank name: National Bank for foreign economic activity of the republic of Uzbekistan main Operation branch
Bank address: Republic of Uzbekistan, Tashkent, Akademik Yahyo Gulomov Street -95
Swift code: NBFA UZ 2X
Beneficiary:
Account number (UZS); 2020 8000 7049 9515 1001
Account number ($): 2020 8840 4049 9515 1001
Name: DA YUAN TEX SERVICE
Correspondents of the beneficiary bank:
1) Bank of New York, N.Y., New York
890-0056-576
2) Chase Manhattan Bank, N.Y., New York
001-1-388352