PUBLIC OFFER

 

PUBLIC OFFER

 

for temporary accommodation services at Hotel UYUT Almaty (Almaty, the Republic of Kazakhstan)

 

1. General Provisions

 

1.1. This document constitutes an official proposal (public offer) by Hotel UYUT Almaty (hereinafter – the "Contractor") to enter into an agreement for temporary accommodation services for a fee in accordance with the Civil Code of the Republic of Kazakhstan.

1.2. This offer is a public contract within the meaning of Article 387 of the Civil Code of the Republic of Kazakhstan and is binding upon the Contractor upon the request of any person.

1.3. The offer is addressed to any individual or legal entity (hereinafter – the "Guest").

1.4. Any action by the Guest aimed at obtaining services, including, but not limited to:

·       booking apartments;

·       paying for services in full or in part;

·       actual check-in at the apart-hotel;

·       signing a registration card

is deemed to be acceptance of this offer.

1.5. Upon accepting the offer, an agreement for services for a fee is deemed entered into between the Guest and the Contractor.

1.6. By accepting this offer, the Guest confirms that they:

·       are familiar with the terms of this offer;

·       understand its content and legal consequences;

·       fully and unconditionally accept all terms.

1.7. The Guest's failure to familiarize themselves with the content of this offer does not exempt them from the obligation to comply with its terms.

 

2. Scope of Agreement

 

2.1. The Contractor undertakes to provide the Guest with temporary accommodation services, and the Guest undertakes to pay for said services.

2.2. Services shall be provided in accordance with the laws of the Republic of Kazakhstan, including:

·       The Civil Code of the Republic of Kazakhstan,

·       The Law of the Republic of Kazakhstan On Protection of Consumer Rights.

 

3. Check-In and Check-Out

 

3.1. Check-in time is from 2:00 PM.

3.2. Check-out time is until 12:00 PM.

3.3. Early check-in and late check-out are provided subject to availability and shall be paid as follows:

·       Early check-in:

·       before 6:00 AM: the cost of a full day;

·       from 6:00 AM to 2:00 PM: 50% of the daily rate;

·       Late check-out:

·       from 12:00 PM to 6:00 PM: 50% of the daily rate;

·       after 6:00 PM: the cost of a full day.

3.4. Upon check-in, the Guest is required to:

·       present an identity document;

·       fill out and sign a registration card.

3.5. In the absence of documents, the Contractor is entitled to refuse check-in.

3.6. When checking in with children, it is necessary to provide documents for each child.

3.7. The Contractor performs migration registration of foreign citizens in accordance with the laws of the Republic of Kazakhstan.

 

4. Cost of Services and Accommodation Conditions

 

4.1. The cost of stay includes:

·       breakfast;

·       private parking;

·       Wi-Fi internet;

·       special rates for conference halls.

4.2. Additional accommodation terms:

·       third guest: 10,000 KZT;

children:

·       under 6 years old: free of charge (1 child, without an extra bed);

·       6–12 years old: 7,000 KZT;

·       12–16 years old: 10,000 KZT.

4.3. A transfer can be organized upon request. The service cost is 10,000 KZT.

4.3.1. The transfer cost may change depending on the number of people in the arriving group and circumstances beyond the Contractor's control.

4.4. In the event of a no-show, late cancellation, or modification of the reservation, the cost of one night's stay shall be withheld.

 

5. Payment Procedure

 

5.1. Payment is made upon check-in unless stipulated otherwise.

5.2. Accepted forms of payment:

·       cash in the national currency (tenge);

·       bank cards (VISA, MasterCard);

·       bank transfer based on an issued invoice.

 

6. Security Deposit

 

6.1. The Contractor is entitled to charge a security deposit in the amount of one night's stay in accordance with the Civil Code of the Republic of Kazakhstan.

6.2. The deposit is used to cover damages, fines, and unpaid services.

6.3. The deposit is returned in the absence of violations.

6.4. Refusal to pay the deposit is grounds for refusal of check-in.

 

7. Rules of Stay and Liability

 

7.1. The Guest is obliged to observe public order, safety rules, and treat property with care.

7.2. Quiet Hours.

7.2.1. From 10:00 PM to 9:00 AM, noise, music, and events are prohibited on the hotel premises and the adjacent territory. Repeated or gross violations are grounds for eviction.

7.3. Procedure for Stay and Admission of Persons to the Apartments.

7.3.1. Only persons registered at the hotel reception desk and specified at check-in are permitted to stay in the hotel rooms.

7.3.2. The presence of unregistered individuals or those not included in the accommodation records is strictly prohibited.

7.3.3. Guests are prohibited from providing room access to third parties or admitting any individuals who have not registered and paid the prescribed fees.

7.3.4. In the event that unregistered persons are discovered, the Contractor is entitled to:

·       demand that they immediately leave the hotel;

·       refuse further provision of services;

·       apply measures provided for by this offer, including eviction without a refund.

7.3.5. The Guest bears full responsibility for the actions of persons admitted by them to the rooms, including compliance with stay rules and the causing of damage.

7.4. Subleasing, transfer of the room, and commercial use are prohibited.

7.5. Photo and Video Documentation.

7.5.1. To ensure the safety of property and resolve potential disputes, the Contractor and hotel employees are entitled to perform photo and/or video documentation throughout the hotel, including the state of the apartments, furniture, equipment, and other property:

·       at Guest check-in;

·       during the stay (if there are grounds);

·       at Guest check-out.

7.5.2. Said documentation may be used by the Contractor as evidence in determining the fact, nature, and extent of any damage caused and/or violation of order.

7.5.3. Upon discovery of property damage, a corresponding report is drawn up. If the Guest refuses to sign the report, it may be drawn up by the Contractor unilaterally with the involvement of hotel employees.

7.5.4. By accepting the terms of this offer, the Guest expresses consent to such documentation within the limits necessary to protect the rights and legitimate interests of the Contractor.

7.6. Liability for Personal Belongings.

7.6.1. The Contractor bears no responsibility for the loss, damage, or disappearance of funds, documents, valuables, or other property of the Guest left unattended in the room or on the hotel premises.

7.6.2. The Guest bears responsibility for the safety of personal belongings.

7.6.3. The Contractor does not accept personal belongings of the Guest for storage unless otherwise separately formalized.

7.6.4. If forgotten items are found, the Contractor is entitled to:

·       notify the Guest if contact details are available to take measures;

·       dispose of the items if the owner cannot be established or contacted.

7.7. CCTV. To ensure the safety of guests, staff, and property, 24-hour video surveillance is conducted in public areas of the hotel, including:

·       entrance areas;

·       corridors;

·       reception areas;

·       parking and adjacent territory.

7.7.1. Video surveillance is carried out in compliance with the requirements of the laws of the Republic of Kazakhstan on personal data, including the Law of the Republic of Kazakhstan On Personal Data and Protection Thereof.

7.7.2. Video surveillance is not conducted in rooms intended for personal use (bathrooms).

7.7.3. Video recordings may be used by the Contractor for the purposes of:

·       ensuring safety;

·       preventing offenses;

·       reviewing disputes and incidents when a legal basis exists (a report, an official letter).

7.7.4. By accepting this offer, the Guest confirms their consent to video surveillance for the specified purposes.

 

8. Smoking

 

8.1. A total ban on smoking is established on the hotel premises, including, but not limited to: apartments, bathrooms, balconies, corridors, as well as in the vicinity of open windows and doors.

8.2. The ban applies to all types of smoking products and devices, including cigarettes, electronic cigarettes, vapes, hookahs, tobacco heating systems, and other similar devices.

8.3. Smoking is permitted exclusively in specially designated areas marked by the Contractor.

8.4. In the event of a violation of the smoking ban, the Contractor is entitled to:

·       collect a fine from the Guest in the amount of one night's stay;

·       additionally recover costs for dry cleaning, ozonation, and the elimination of the consequences of smoking;

·       apply measures provided for by this offer, including early eviction.

8.5. Said measures shall apply regardless of the subsequent elimination of the odor or other consequences of smoking.

 

9. Keys and Access

 

9.1. Upon check-in, the Guest is provided with an electronic key (access card) for the room.

9.2. The Guest is obliged to:

·       ensure the safety of the key;

·       not transfer the key to third parties;

·       use the key exclusively for the purpose of accessing the provided rooms.

9.3. In the event of loss, damage, or failure to return the key, the Contractor is entitled to collect a fine from the Guest in the amount established by the hotel's internal rates, as well as the costs for its restoration or replacement.

9.4. The Contractor is entitled to limit or cancel access to the apartments in the event of a violation by the Guest of the terms of this offer.

 

10. Personal Data

 

10.1. By checking into the hotel, the Guest provides the Contractor with consent for the collection, processing, storage, and use of personal data in accordance with the Law of the Republic of Kazakhstan On Personal Data and Protection Thereof.

10.2. Personal data includes, but is not limited to: full name, identity card or passport details, contact information, and details regarding the booking and stay.

10.3. The processing of personal data is carried out exclusively for the purposes of:

·       providing hotel services;

·       fulfilling the requirements of migration laws;

·       maintaining accounting and tax records;

·       ensuring safety and preventing offenses.

10.4. The Contractor undertakes to take the necessary organizational and technical measures to protect personal data from unlawful access, modification, disclosure, or destruction.

10.5. Personal data may be transferred to third parties exclusively in cases provided for by the laws of the Republic of Kazakhstan or as necessary for the provision of services.

10.6. Acceptance of this offer confirms the Guest's consent to the processing of their personal data for the specified purposes.

 

11. Eviction for Violation of Stay Rules

 

11.1. The Contractor is entitled to unilaterally terminate the agreement, refuse the further provision of services, and demand the immediate vacation of the apartments in the event of a violation by the Guest of the terms of this offer and the stay rules, including, but not limited to:

·       violation of the quiet hours from 10:00 PM to 9:00 AM;

·       holding parties, events, or mass meetings without coordination with the administration;

·       allowing unregistered and/or unpaid persons to stay in the apartments;

·       exceeding the established occupancy of the room;

·       smoking in the room, bathroom, on the balcony, or on the hotel premises outside of specially designated areas;

·       causing damage to hotel property;

·       use of the apartments for purposes other than intended, including for commercial activities, subleasing, or photo/video shooting without coordination;

·       violation of fire safety rules;

·       storage of hazardous substances or the use of open flames;

·       aggressive, offensive, or unlawful behavior toward employees, guests, or third parties;

·       refusal to pay for accommodation, additional services, fines, or damage caused.

11.2. In the event of early termination of stay due to the Guest's fault, funds for the unused period of stay are non-refundable.

11.3. The withholding of funds for the unused period of stay is recognized as compensation for the Contractor's actually incurred expenses and losses.

11.4. The security deposit may be withheld in full or in part to cover damage, fines, unpaid services, and other expenses arising from the Guest's fault.

 

12. Force Majeure

 

12.1. The parties are exempt from liability for the full or partial failure to perform obligations under this offer if such failure was the result of force majeure arising after the signing of the agreement and beyond the will of the parties.

12.2. Force majeure includes, but is not limited to:

·       natural disasters (earthquakes, fires, floods, and other natural phenomena);

·       accidents, interruptions in the operation of engineering and utility systems;

·       emergencies;

·       military actions, mass riots;

·       epidemics, quarantine restrictions;

·       decisions and actions of state bodies preventing the fulfillment of obligations.

12.3. The party for whom the fulfillment of obligations has become impossible is obliged to notify the other party within a reasonable period.

12.4. Upon the occurrence of force majeure, the deadlines for the fulfillment of obligations shall be extended for the duration of such force majeure.

12.5. If the force majeure persists for a long time and the fulfillment of obligations becomes impossible, the parties are entitled to review the terms of the agreement or terminate its performance.

 

13. Dispute Resolution

 

13.1. All disputes and disagreements arising between the Contractor and the Guest in connection with this offer, its performance, violation, termination, or invalidity shall be resolved through negotiations.

13.2. The parties undertake to take all reasonable and good-faith measures to reach mutual consent, including the exchange of written claims and responses thereto.

13.3. If mutual understanding is not reached through negotiations, the dispute shall be resolved in court in accordance with the laws of the Republic of Kazakhstan at the Contractor’s palce of business.

 

13.4. The laws of the Republic of Kazakhstan shall apply to the relationship between the parties.

 

14. Final Provisions

 

14.1. This public offer regulates the relationship between the Contractor and the Guest upon its acceptance and applies to all services.

14.2. By accepting the offer (including by means of booking, payment, or actual check-in), the Guest confirms that they are familiar with the terms of this offer, understand their content, and accept them in full.

14.3. The Guest's failure to familiarize themselves with the content of this offer does not exempt them from the obligation to comply with the terms thereof.

14.4. The Contractor is entitled to make amendments to this offer unilaterally without prior notice. In this case, the version of the offer in effect at the moment of acceptance shall apply to the relationship between the parties.

14.5. In the event of a conflict between individual terms of this offer and the norms of the current laws of the Republic of Kazakhstan, the norms of the laws of the Republic of Kazakhstan shall apply, while the remaining provisions of the offer remain in force.

14.6. If any provision of this offer is found to be invalid or unenforceable, this does not affect the validity and enforceability of the remaining provisions.

14.7. For all matters not regulated by this offer, the parties shall be guided by the laws of the Republic of Kazakhstan.

 

14. Contractor Details

 

Dostyk-Servis LLP

BIN: 961040000157

IIC: KZ236010131000051233

Halyk Bank of Kazakhstan JSC

BIC: HSBKKZKX KBe: 17

Phone: 2791360, 2795511

127/1 Gogol Str., 050000 Almaty, the Republic of Kazakhstan

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