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Public Offer

1. Statutory Provisions

Article 395. Offer

1. An offer is a proposal to conclude an agreement made to one or several specific persons, provided that it is sufficiently definite and expresses the intention of the offeror to be bound in the event of its acceptance. A proposal is sufficiently definite if it specifies the essential terms of the agreement or the procedure for determining them.

2. An offer binds the person who made it from the moment it is received by the addressee. If notice of withdrawal of the offer arrives earlier than or simultaneously with the offer itself, the offer is deemed not received.

3. An offer received by the addressee may not be withdrawn during the period set for its acceptance, unless otherwise provided in the offer itself or following from the substance of the proposal or the circumstances in which it was made.

4. Advertisements and other proposals addressed to an indefinite group of persons are regarded as invitations to make offers, unless the proposal expressly states otherwise.

5. A proposal containing all the essential terms of an agreement, from which the will of the offeror to enter into an agreement on the terms specified with anyone who responds is apparent, is recognised as an offer (a public offer).

Article 396. Acceptance

1. Acceptance is the response of the person to whom the offer is addressed regarding its acceptance. Acceptance must be full and unconditional.

2. Silence does not constitute acceptance, unless otherwise follows from a legislative act, business custom, or prior business relations of the parties.

3. The performance, by a person who has received the offer, within the period set for its acceptance, of actions to fulfil the terms of the agreement specified therein (shipment of goods, provision of services, performance of work, payment of the corresponding amount, etc.) is deemed acceptance, unless otherwise provided by law or specified in the offer.

4. If notice of withdrawal of the acceptance arrives at the offeror earlier than or simultaneously with the acceptance itself, the acceptance is deemed not received.

2. General Provisions

Crocos LLP, hereinafter referred to as the "Operator", offers any individual or legal entity, hereinafter referred to as the "Buyer", to purchase the Service via the Internet.

This proposal, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, is a public offer (hereinafter — the Agreement), the full and unconditional acceptance of the terms of which, in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, is the Buyer's conclusive actions — clicking the "I agree with the terms of the agreement" button located on the Operator's Website.

2.1. Terms and Definitions

  • User / Buyer — a person registered on the operator's resource in the established manner.
  • Acceptance — acceptance of the Offer terms through conclusive actions, i.e., clicking the "I agree with the terms of the Agreement" button.
  • Call center — the Operator's contact center, phone number: +7 (777) 555-75-75.
  • Personal account — a section on the Website available to the Buyer after registration/one-time sign-up on the Website.
  • Astana Resources — the operator's website located at www.citypass.kz and all domain pages of connected levels related to the Astana Resource.
  • Product — the general concept of CityPass cards belonging to the Operator or the Operator's entities, third parties engaged by the Operator for the purpose of selling cards.
  • City Pass — a single card for tourists with a continuous validity period in hours from 24 hours to 72 hours.
  • Card validity period — the period of time when the card can be activated, i.e., within 12 months after purchase. Activation begins at the moment of electronic scanning, manual entry of Card data, or making a corresponding entry in the guidebook during the first visit to a museum or excursion.
  • Card duration — the period of time in hours: 24 hours (1 day) and 72 hours (3 days). Cards must be activated within 12 months after purchase.
  • Card activation — the moment of electronic scanning, manual entry of Card data, or making a corresponding entry in the guidebook during the first visit to a museum or excursion.
  • Activated card — a card for which the first single entry to a museum or excursion has been made.
  • Returnable card — a card for which a refund has been issued to the Buyer.

3. Subject of the Agreement

3.1. The Operator provides the Buyer with the opportunity to purchase CityPass cards for attractions and excursions in Astana via the Internet.

3.2. Astana PASS is a single card for tourists with a continuous validity period of 24 hours (1 day) and 72 hours (3 days). Cards can be activated within 12 months after purchase. Activation begins at the moment of electronic scanning, manual entry of Card data, or making a corresponding entry in the guidebook during the first visit to a museum or excursion.

4. Procedure and Terms for Provision of Services

4.1. CITYPASS cards grant the right to a single (free) visit to museums and excursions included in the program. Museums and excursions with the CityPass Card can be visited during the card's validity period.

4.2. To receive free entry to any attraction included in the CityPass program, you must present an electronic or physical Astana PASS card at the ticket office.

4.3. Cards must be activated within 12 months after purchase. Activation begins at the moment of electronic scanning or manual entry of Card data.

4.4. The Operator regularly updates information on the program website. However, the operating hours of attractions and other conditions may change, so CityPass Card users are recommended to additionally check the current schedule directly at the museums and excursion organizers.

4.5. The card covers exclusively museums and attractions of the city of Astana. Cooperation is carried out on a contractual basis. If any partner cannot provide services, the Operator is not responsible for this. At the same time, the Operator will take all possible measures to ensure quality service with the CityPass Card and to prevent such situations.

4.6. CityPass Card offers are not combined with other discounts from partners. If a partner offers a higher discount than provided under the CityPass program, the client has the right to use the more favorable offer.

5. Cost of Services, Payment Procedure and Refund Procedure

5.1. CityPass Cards have a unified price at all official points of sale. The program composition may change regardless of the time of year. The Operator is not obligated to provide all types of cards at all points of sale. It is recommended to clarify this information directly at the point of interest.

5.2. Astana PASS cards are not subject to return or exchange for cash. A damaged card can be exchanged for a new one by contacting the support service. If repair is impossible, the Card will be blocked.

5.3. The Buyer has the right to return the Astana PASS card if the card has not been activated. The start of activation is considered the moment of electronic scanning, manual entry of Card data, or making a corresponding entry in the guidebook during the first visit to a museum, excursion, or use of the transport bus.

5.4. In case of cancellation of an Astana PASS order, funds are transferred to the bank card whose details were provided at the time of purchase.

5.5. The client has the right to cancel a paid order at least 1 day before the order's validity/activation date. To do this, send a request to info@citypass.kz. No cancellation fee is charged. Cards received in hand are not subject to exchange for cash.

6. Obligations and Rights of the Parties

6.1.1. The Operator has the right to send emails and SMS messages of informational and advertising nature to the Buyer's email address and mobile phone. At the same time, the Operator undertakes not to transfer addresses and other information about the "Buyer" to third parties.

6.1.2. The Operator undertakes to take all possible measures to ensure quality service with the CityPass Card.

6.2.1. The Buyer is independently responsible for the safekeeping of CityPass cards and other additional documents.

6.2.2. The Buyer is obligated to independently familiarize themselves with the internal rules for visiting attractions and excursions.

7. Liability of the Parties

7.1. The Operator does not provide compensation for CityPass card services that the client did not use during the card's validity period, as well as for services that were not provided due to force majeure and other circumstances arising on the partners' side. The Operator notifies CityPass Card holders of such situations by publishing news on the website and on Service accounts/channels.

7.2. In accordance with clause 18 of the "Rules for Electronic Commerce", approved by the Order of the Acting Minister of National Economy of the Republic of Kazakhstan dated November 25, 2015, the Operator, acting as an intermediary between Event Organizers and Buyers, is not liable under agreements concluded using electronic documents (electronic messages) for which they provided services.

7.3. The parties are released from liability for non-performance or improper performance of obligations under the Agreement during the period of force majeure. Force majeure means extraordinary and unavoidable circumstances preventing the Parties from fulfilling their obligations under this Agreement. These include: natural disasters, nuclear explosions, radioactive contamination, military actions, attacks, wars, invasions, hostile actions, blockades, military explosions, riots, etc. The Parties for whom the above circumstances have occurred must notify the other party of their occurrence as soon as possible. At the same time, the obligations of the parties are confirmed by appropriate supporting documents, which may include, but are not limited to, documents issued by competent government authorities.

8. Dispute Resolution

8.1. All disagreements or disputes that may arise will, if possible, be resolved by the parties through negotiations.

8.2. If agreement is not reached for any reason during pre-trial settlement, disputes arising from this Agreement shall be considered in the arbitration court of Astana (if the Buyer is a legal entity/or 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 legal relations regarding the provision of the Service are applied and considered by the Operator only in writing and in the manner prescribed by the current legislation of the Republic of Kazakhstan.

8.4. To resolve technical issues in determining the Buyer's fault as a result of their unlawful actions when using the System, the Operator has the right to independently engage competent organizations as experts. If the Buyer's fault is established, the latter is obligated to reimburse the costs of the examination.

9. Term of Validity and Other Conditions of this Agreement

9.1. The Operator has the right to change the terms of this Agreement at any time unilaterally, while ensuring the publication of the amended terms on the Website.

10. Company Details

Crocos LLP

Legal address: Republic of Kazakhstan, Astana, Baikonur district, Republic ave., building 34A, office 602, BC "Nurlau"

BIN: 190640012274

KBe: 17

IIN: KZ456017110000012949

BIK: HSBKKZKX

at JSC "Halyk Bank of Kazakhstan"

VAT registration certificate dated 08.01.2019, series 62001, No. 1014904

Director: Ruslan Galyamov