Public Offer

Aviata Public Offer

The limited liability partnership (LLP) "Aviata", registered in accordance with the legislation of the Republic of Kazakhstan, BIN 130740006278, registered address: Republic of Kazakhstan, Almaty, 124 Gagarin Ave., non-residential premises 776 (hereinafter – the Agent), offers to any natural person meeting the requirements of clause 3.1 below (hereinafter – the User (Passenger) or You) access to the Platform for establishing contacts and concluding transactions on the internet by means of software between Passengers and Carriers in real time: the search for, comparison, booking and payment of air carriage services.

The present proposal constitutes, pursuant to Article 395 of the Civil Code of the Republic of Kazakhstan, a public offer (throughout the text – the Offer or the Agreement), the full and unconditional acceptance of the terms of which shall, pursuant to Article 396 of the Civil Code of the Republic of Kazakhstan, be deemed to be the performance by the User of implied actions – the search for, booking and payment of accommodation services (temporary lodging and related services) on the Agent's Platform.

By agreeing to this Offer, You agree to all of the terms contained herein. If any of the terms of this Offer are not acceptable to You – please refrain from using the Platform.

Please read all of the provisions carefully: it is these provisions, together with the Booking Rules and other information provided before or during the making of a Booking, that establish the legal basis for Your Orders.

This Offer covers Your orders exclusively in the field of air carriage. At the same time, the Agent is not a carrier and does not provide air carriage services. The Agent acts in the interests of and on the instructions of the User, as well as on the basis of agreements with carriers and (or) other third parties.

The contract of air carriage is concluded between the Passenger and the relevant carrier. Section 10 of this Agreement sets out the allocation of liability between the Agent and the Carrier — please review it before performing acceptance.

Nor does the Agent provide tourist services or act as a tour operator or travel agent within the framework of this Agreement. Neither the Agent nor the service providers create tours and/or tourist products for Users.

1. Terms and Definitions

1.1. Platform – the internet resource located at the addresses https://freedom-travel.kz (https://aviata.kz) on the Internet, or the Agent's mobile application available in the official application stores AppStore and Google Play, or the web application integrated into the Freedom SuperApp mobile application, also available in the official application stores AppStore and Google Play. Although the foregoing digital objects are separate objects, for the purposes of this Offer they are combined under the common term "Platform". The Platform provides Users, around the clock, with (among other things) the information necessary for the conclusion and performance of the Agreement, publishes all of the Agent's official documents, etc.

1.2. Personal Account – a restricted subsection of the Platform containing information about the User and about the User's Orders, as well as Tickets, access to which is granted to the User upon completion of registration and (or) identification, and through which the User manages Orders.

1.3. User – a natural person placing Orders through the Platform. The User may order Services for himself or herself (being a Passenger) and/or for third parties (Passengers).

1.4. Passenger – a natural person specified by the User in the Order, in respect of whom a Ticket is issued, and who is a party to the contract of air carriage.

1.5. Carrier – an airline providing air carriage services and being a party to the contract of carriage with the Passenger.

1.6. Low-cost carrier – a Carrier operating carriage under a low-budget model, as a rule with separate pricing of meals, baggage and other services. On the Platform, such Carriers are designated with the mark "low-cost carrier".

1.7. Order – an instruction formed by the User (Passenger) on the Platform directing the Agent to perform actions to issue a Ticket and (or) to provide Additional services, specifying the route, dates, fare and Passenger details.

1.8. Booking – a preliminary reservation of seats on a flight of a specific Carrier for a specific route and dates, secured for the Passenger on the terms of the selected Fare.

1.9. Ticket – the electronic transportation document (itinerary receipt) and the baggage check evidencing the conclusion of the contract of carriage between the Passenger and the Carrier.

1.10. Combined ticket — a set of two or more Transportation documents issued by different Carriers within a single Order, where there is no single contract of carriage for the entire route.

1.11. Fare — the price of carriage established by the Carrier for a particular booking class, applied together with the Fare Rules.

1.12. Refundable fare – the price of a Ticket that may be refunded to the User (Passenger) with or without partial retention of funds by the Carrier. The amounts of such retentions are determined by each Carrier independently in accordance with the Fare Rules.

1.13. Non-refundable fare – the price of a Ticket that may be cancelled by the User (Passenger) only with full retention of the funds by the Carrier.

1.14. Involuntary refund – the refund of a Ticket on grounds recognised by the Carrier as involuntary in accordance with the Fare Rules and the applicable legislation.

1.15. Fare Rules – the conditions for the application of the Fare established by the Carrier, including the conditions for changing, exchanging and refunding a Ticket, as well as the amounts of penalties and charges levied by the Carrier.

1.16. Service fee – the Agent's remuneration for the provision of services relating to the issuance of a Ticket (performance of the instruction), determined in Section 8 of this Agreement.

1.17. Additional services – services provided by third parties in addition to the issuance of a Ticket (SMS notification, online check-in, arrangement of a separate Booking and others), the list and cost of which are communicated to the User prior to payment.

2. Subject Matter of the Agreement and Legal Nature of the Relationship

2.1. The Agent undertakes, on the instructions of and at the expense of the User (Passenger), to perform legal and factual actions aimed at booking and issuing Tickets and (or) Additional services, and the User undertakes to pay the price of carriage, the cost of Additional services and the Agent's Service fee on the terms of this Agreement.

2.2. The Agent performs the instruction by means of the Platform for establishing contacts and concluding transactions on the internet by means of software between Passengers and Carriers in real time.

2.3. The Agent acts on the basis of agreements with Carriers, their general agents, consolidators and (or) operators of global distribution systems. The contract of air carriage is concluded directly between the Passenger and the Carrier; the Agent is not a party to such contract.

2.4. Funds received by the Agent from the User (Passenger) towards payment for carriage do not constitute the Agent's income and are to be remitted to the Carrier.

2.5. In respect of matters not regulated by this Agreement, the relations of the Parties shall be governed by the provisions of Chapter 41 of the Civil Code of the Republic of Kazakhstan on agency by mandate.

2.6. This Agreement does not govern relations concerning the sale of other products offered on the Platform (rail carriage, accommodation in temporary lodging facilities, insurance and the like). Such relations are governed by separate offers and (or) rules published in the relevant section of the Platform; in the absence thereof, the corresponding service is not provided to the User.

3. Procedure for Concluding the Agreement. Acceptance

3.1. This Offer may be accepted by a natural person having full legal capacity in accordance with Articles 17 and 22 of the Civil Code of the Republic of Kazakhstan, or by a person acting with the consent of a legal representative within the limits permitted by law, or by a legal representative acting in the interests of the person represented.

3.2. In performing acceptance, the User gives the Agent assurances (Article 380 of the Civil Code of the Republic of Kazakhstan) that: (a) he or she has the requisite legal capacity; (b) he or she is authorised to act in the interests of each Passenger specified in the Order and has obtained from each Passenger (or the Passenger's legal representative) consent to the transfer of personal data to the Agent, the Carrier and other persons involved in arranging and performing the carriage; (c) the information provided by him or her in the Order is accurate.

3.3. Acceptance of the Offer consists in the performance by the User of the following combination of actions: (a) formation of an Order; (b) marking of the box indicating agreement with the terms of this Agreement; (c) payment of the Order or assignment (where payment "by instalments" is selected). The Agreement is deemed concluded from the moment the sum of money for the Order is received.

4. Rights and Obligations of the User:

4.1. The User is obliged:

4.1.1. to provide accurate and complete information about himself or herself and about the Passengers, including to ensure the full correspondence of the data entered with the identity documents that will be presented for carriage;

4.1.2. prior to payment of the Order, to review the Fare Rules, the price of carriage, the amount of the Service fee and the cost of Additional services displayed in the Order;

4.1.3. to pay for the Order in the manner and within the time limits established by the Agreement;

4.1.4. to ensure independently that the Passengers hold valid documents, visas, entry, transit and exit permits, medical documents, insurance policies and other documents required by the country of departure, destination and transit;

4.1.5. to bring to the attention of each Passenger the conditions of carriage, the Fare Rules, the baggage and hand luggage allowances, the online check-in rules, the list of items prohibited from carriage and the rules for the carriage of dangerous goods;

4.1.6. to notify the Agent without delay of any change in the contact details specified in the Order.

4.2. The User is entitled:

4.2.1. to receive information on the status of the Order through the Personal Account and via the support channels specified in this Agreement;

4.2.2. prior to payment of the Order, to receive an explanation of the Fare Rules in the Kazakh and (or) Russian language. The Agent publishes on the Platform a summary of the key conditions of the Fare (refundability, exchangeability, baggage allowances);

4.2.4. to arrange the exchange or refund of a Ticket in accordance with Section 9, including independently through the Personal Account.

4.3. The User confirms that he or she is aware of the following: a change of the surname, given name or other personal data of a Passenger after the issuance of the Transportation document is carried out in the manner established by the Carrier's Fare Rules and, as a rule, requires the reissuance of the Ticket at the Fares in effect at the time of reissuance, with payment of the corresponding charges and penalties.

4.4. Arranging a refund independently through the Personal Account is an irreversible action: restoration of a cancelled Ticket is not possible.

5. Rights and Obligations of the Agent

5.1. The Agent is obliged:

5.1.1. to issue the Ticket in accordance with the parameters of the Order, provided that it has been paid in full and that there is a confirmed Booking;

5.1.2. to send the User the Ticket (itinerary receipt) to the email address specified in the Order, and also to ensure their availability in the Personal Account;

5.1.4. to remit to the Carrier the funds received towards payment for carriage;

5.1.6. to remit to the User the funds subject to refund under the Fare Rules and/or by decision of the Carrier;

5.2. The Agent is entitled:

5.2.1. for the purposes of preventing fraudulent transactions and within the framework of the requirements of the legislation on combating the legalisation of proceeds of crime, to request from the User confirmation that the payment instrument belongs to him or her, namely: an image of the bank payment card with the first six and last four digits of the card number, the cardholder's name and the cardholder's signature visible and the other digits of the number covered (masked), as well as the CVV/CVC code, and an identity document of the cardholder. The Agent does not request and does not store the full card number, its expiry date or the CVV/CVC code;

5.2.2. in the event that the User fails to provide the confirmation provided for in clause 5.2.1, or in the event that signs of unauthorised use of the payment instrument are detected — to suspend performance of the Order and (or) cancel the Booking. Where the Order is cancelled on the said ground, the Agent shall refund to the User the amount paid in full, less the amounts actually retained by the Carrier. No retention of the Service fee shall be made in such case;

5.2.3. to refuse to perform the Order where it is established that the User has provided inaccurate information;

5.2.4. to send the User service messages directly related to the performance of the Order (payment confirmation, schedule change, flight cancellation, refund status). Such messages do not constitute advertising, and opting out of them is possible only by withdrawing from performance of the Order;

5.2.5. to engage partners in the performance of this Agreement, while remaining liable to the User for their actions;

5.3. The Agent is not entitled to refuse to conclude the Agreement with the User where the Agent has the ability to provide the services, save in the cases provided for by this Agreement and by the legislation of the Republic of Kazakhstan.

6. Procedure for Placing an Order. Price and Its Fixing

6.1. Information on the price of carriage displayed in search results, in informational mailings and in other materials of the Agent prior to the creation of a Booking is of a reference nature, does not constitute an offer and may change owing to changes in the Fares by the Carrier and the availability of seats in the relevant booking class.

6.2. The final price of the Order is formed and communicated to the User on the Order checkout page after the Passenger details have been entered and the availability of seats in the GDS has been confirmed. From the moment the final price is displayed until the expiry of the period specified in clause 6.3, the price of the Order does not change.

6.3. The price of the Order is fixed for a period of 30 (thirty) minutes from the moment the Booking is created. If payment is not received within the said period, the Booking may be changed or cancelled by the Carrier unilaterally. In such case the Agent notifies the User and offers to place the Order on the current terms; compelling the User to pay the changed price is not permitted.

6.4. If, after payment of the Order, the Carrier has cancelled the Booking or refused to issue the Ticket, the Agent shall notify the User thereof no later than the following business day and, at the User's option: (a) arrange an alternative carriage option with payment of the difference or refund of the difference; or (b) refund to the User the amount paid in full, including the Service fee, within the period established by clause 9.9.

6.5. Where the User creates two or more Bookings for the same Passenger on the same flight, the Carrier is entitled to cancel the duplicate Bookings. The funds relating to the cancelled Booking shall be refunded to the User in the manner and within the time limits established by clause 9.9, less the amounts actually retained by the Carrier.

6.6. When a Combined ticket is issued, the User is notified in the Service interface that: (a) the carriage is arranged under separate contracts of carriage with different Carriers; (b) the Carriers assume no obligations in respect of flight connections or the through carriage of baggage; (c) the Service fee is charged for each Transportation document issued; (d) in the event of the cancellation or delay of one flight, refunds under the other Transportation documents are made on general grounds in accordance with the Fare Rules applicable to them.

7. Additional Services

7.1. Additional services are provided solely where selected by the User. Pre-ticked boxes indicating consent to the purchase of Additional services are not used in the Service.

7.2. The service of SMS notification of schedule changes, cancellations and flight delays is provided on the basis of data received by the Agent from Carriers via automated notification channels. The Agent undertakes to transmit the information received to the User without distortion and without undue delay, but is not liable for the completeness, accuracy and timeliness of the information generated by the Carrier, provided that the Agent had no other information at its disposal.

7.3. The online flight check-in service is provided by means of the Agent's connection to the Carriers' platforms. The Agent undertakes to perform check-in actions where the Carrier's platform is technically available. The Agent is not liable for a refusal of check-in by the Carrier caused by the Carrier's rules, the characteristics of the Fare or the actions of the Passenger.

7.4. The issuance of a Ticket for children in a separate Booking is carried out at the User's request and constitutes a paid Additional service. If the splitting of the Booking is due to technical reasons or the requirements of the Carrier or the GDS.

7.5. If an Additional service has not been provided or has been provided improperly, the amount paid for it shall be refunded to the User in full irrespective of the status of the Ticket.

8. Cost of the Services and Settlement Procedure

8.1. The final price of the Order includes: (a) the price of carriage established by the Carrier, including the taxes and charges of the Carrier and of the airports; (b) the Agent's Service fee; (c) the cost of the Additional services selected by the User; (d) the amount of a donation, if the User makes one.

8.2. The amount of the Service fee is determined in accordance with the Agent's tariffs. The Service fee is charged for each Ticket issued.

8.3. The Service fee is deemed earned by the Agent from the moment the Ticket is issued and is not refundable upon the subsequent exchange or refund of the Ticket, save in the cases provided for by the Agreement.

8.4. All settlements are made in tenge. Payment is made by the methods available in the Service (bank payment card, payment systems, other methods indicated in the interface). The User's monetary obligation is deemed performed from the moment the funds are credited to the Agent's account or to the account of the payment agent engaged by the Agent.

8.5. Commissions charged by the User's issuing bank or payment system are not included in the price of the Order and are payable by the User independently. If such commissions are withheld when a refund is remitted, they do not reduce the amount subject to refund by the Agent.

8.6. If the price of carriage is established by the Carrier in a foreign currency, conversion into tenge is made at the rate applied by the GDS or the Carrier on the date the Order is placed.

8.7. The Agent is entitled to change the amount of the Service fee. The change applies to Orders placed after the changes come into force and does not extend to Orders placed earlier.

8.8. The document confirming payment is sent to the User to the email address specified in the Order and is also available in the Personal Account.

8.9. Where the User selects payment "by instalments", the Agent effects an assignment (assigns) of the claim against the User in favour of a bank in the manner specified in the Application for Accession to the Agreement, signed by the User by means of the Platform. In such case the Agent's obligations under this Agreement come into force subject to a condition precedent – after the assignment (transfer of the claim) against the User has been effected.

9. Exchange and Refund of Tickets

9.1. The exchange and refund of Tickets are carried out in accordance with the Fare Rules of the relevant Carrier. The Fare Rules are sent to the User together with the Ticket and are available in the Personal Account.

9.2. An application for an exchange or refund is accepted by the Agent around the clock through the Personal Account and the support channels. The application is processed by the Agent and, where it is necessary to apply to the Carrier, the processing time is determined by the Carrier's response times, of which the User is notified.

9.3. The Agent's service of arranging the exchange of a Ticket is subject to a charge. The cost of the service is:

In addition, the User shall pay the Carrier's penalty established by the Fare Rules and the difference between the price of the new Ticket and that of the original Ticket. The final calculation is provided to the User before the exchange is effected.

9.4. The Agent's service of arranging the refund of a Ticket is subject to a charge. The cost of the service is:

9.5. Certain Fare Rules provide for special conditions for the correction of Passenger data. In particular, for flights of the airline "FlyArystan", the correction of a Passenger's given name or surname is subject to: a Carrier's penalty in the amount of 1,000 (one thousand) tenge and a processing charge in the amount of 2,500 (two thousand five hundred) tenge for flights within the Republic of Kazakhstan or 4,000 (four thousand) tenge for international flights. The Carrier's rules establish limitations as to the number and nature of the permissible corrections. At the User's request, the Agent shall provide the applicable version of the Carrier's rules.

9.6. Tickets issued at the Fares of Low-cost carriers, as well as at other non-refundable and (or) non-exchangeable Fares, are not subject to exchange or refund at the User's initiative, or are subject thereto only on the conditions expressly established by the Fare Rules. Information on the non-refundability and (or) non-exchangeability of the Fare is displayed to the User prior to payment of the Order.

9.7. The restriction established by clause 9.6 does not apply to an Involuntary refund. In the case of an Involuntary refund: (a) the Agent's refund arrangement service is provided free of charge; (b) the Service fee is refunded to the User if the Involuntary refund is caused by the cancellation of the flight, a delay of the flight in excess of the established time or a change of route by the Carrier; (c) the price of carriage is refunded in the amount determined by the Carrier and by the applicable legislation.

9.8. In order for a refund to be arranged, the Transportation document must contain an unused flight coupon. A Transportation document with all flight coupons fully used is not subject to refund. Flight coupons are accepted by the Carrier for carriage in the established sequence, beginning from the point of departure.

9.9. Funds subject to refund are remitted by the Agent to the User by the same method by which payment was made, unless otherwise agreed by the Parties:

9.9.1. as regards the amounts retained by the Agent (the Service fee, the cost of Additional services) — within 3 (three) business days from the date the refund is confirmed;

9.9.2. as regards the price of carriage — within 3 (three) business days from the date the corresponding funds are received from the Carrier or the GDS, but in any event no later than 30 (thirty) calendar days from the date the refund is confirmed by the Carrier;

9.9.3. if the Carrier has not made the refund within the period established by sub-clause 9.9.2, the Agent shall, at the User's request, provide written information on the status of the refund and on the actions taken by the Agent, and shall also hand over to the User the documents necessary for submitting a claim to the Carrier.

9.10. The period for crediting the funds to the User's account is determined by the rules of the issuing bank and the payment system and is not included in the period established by clause 9.9.

10. Liability of the Parties. Allocation of Liability with the Carrier

10.1. The Parties shall be liable for the non-performance or improper performance of their obligations in accordance with the legislation of the Republic of Kazakhstan and this Agreement.

10.2. The Carrier shall be liable to the Passenger for: the cancellation, delay and change of the flight schedule; denial of carriage; the loss, shortage or damage of baggage; harm caused to the life, health and property of the Passenger; the performance and interpretation of the Fare Rules. The said liability is determined by the legislation of the Republic of Kazakhstan, including the Law of the Republic of Kazakhstan "On the Use of the Airspace of the Republic of Kazakhstan and the Activities of Aviation", and in the case of international carriage — by the applicable international treaties, including the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 1999). Claims on the said grounds are to be submitted by the Passenger directly to the Carrier.

10.3. At the User's request, the Agent shall provide the documents and information necessary for submitting a claim to the Carrier, and shall also render assistance in sending such claim.

10.5. Where the Agent breaches the refund period established by clause 9.9, the Agent shall, at the User's request, pay a penalty in the amount established by the legislation of the Republic of Kazakhstan on the protection of consumer rights, and in the absence of such regulation — in the amount determined by Article 353 of the Civil Code of the Republic of Kazakhstan.

10.6. The Agent shall not be liable for: (a) the consequences of the User providing inaccurate or incomplete information; (b) the refusal by the competent authorities to permit the entry, exit or transit of a Passenger; (c) the actions of the Carrier attributed by clause 10.2 to its liability; (d) the impossibility of using the Service caused by malfunctions of the User's equipment or communication channels.

10.7. Nothing in this Agreement excludes or limits the Agent's liability in cases where such exclusion or limitation is not permitted by the legislation of the Republic of Kazakhstan, including liability for a wilful breach of an obligation and for harm caused to life and health.

10.8. The User shall be liable for the accuracy of the information provided in the Order, for the performance of the obligations provided for in clauses 4.1.4 and 4.1.5, and also for the actions of the Passengers in whose interests he or she acts.

11. Informational and Advertising Messages

11.1. Service messages directly related to the performance of the Order are sent to the User by virtue of this Agreement and do not require separate consent.

11.2. The sending to the User of advertising and informational messages, including messages regarding special offers of the Agent and its Partners, is carried out solely where the User's separate consent has been given by means of an independent action in the Service interface.

11.3. The User is entitled at any time to opt out of receiving advertising and informational messages by means of: (a) following the opt-out link contained in each such message; (b) changing the settings in the Personal Account; (c) sending an application to the contacts specified in Section 18. The Agent shall cease sending messages no later than [•] business days from the moment the opt-out is received.

11.4. Opting out of receiving advertising and informational messages does not affect the ability to use the Service or the terms on which the Services are provided.

12. Term, Amendment and Termination of the Agreement

12.1. The Agreement comes into force from the moment of acceptance and remains in effect until the Parties have fully performed their obligations under the Order.

12.2. The Agent is entitled to amend the terms of the Offer unilaterally. Each version of the Offer bears a sequential number, a date of publication and a date of entry into force.

12.3. The Agent is entitled to withdraw from performance of the Agreement in the cases provided for in clauses 5.2.2, 5.2.3 and 5.2.6, with a refund to the User of the funds received in the manner set out in clause 9.9.

13. Miscellaneous. Agent's Details

13.1. Legally significant messages are sent by the Parties to the email addresses specified in the Order (for the User) and in this Section (for the Agent). A message is deemed received on the business day following the day on which it was sent. The User bears the risk of the consequences of specifying an inaccurate or out-of-date email address.

13.2. The User is not entitled to assign rights or transfer obligations under this Agreement without the Agent's written consent. The Agent is entitled to assign claims under this Agreement upon notification of the User.

13.3. The invalidity of an individual provision of the Agreement does not entail the invalidity of its other provisions.