Terms of Service for the Provision of Tourist Product Services

This offer of the tour operator ALA Adventures represented by the Private Company ALA Adventures Ltd, BIN 230840900280 (hereinafter referred to as the "Provider") is a public offer, under which the Provider makes an offer to conclude an Contract for the sale of a Tourist Product on the terms and conditions specified below with anyone who responds (hereinafter referred to as the "Client"). This offer (hereinafter referred to as the "Contract") contains all the essential terms, i.e. the terms that are recognized as essential by law or necessary for the agreement, as well as those terms regarding which, at the request of the Provider, an agreement must be reached. Full and unconditional acceptance of the terms of the Contract (hereinafter referred to as the "Acceptance") is the Customer's full or partial payment under the Contract.

When the Client makes the Acceptance in the above manner, it is considered that:

- The Client has read, agrees to and accepted the Provider's offer;

- The Acceptance has been received by the Provider;

- The Contract has been concluded, does not require bilateral signature and is valid in electronic form;

- The written form of the transaction is observed.

Wherever the text of the Contract specifies the obligations of the Client, it also includes third parties in whose interests and on whose behalf the Client acts, persons accompanying him (accompanied by him), including minors. The Client undertakes to be responsible to the Provider for the fulfillment of their obligations by the specified third parties.

The Contract is mandatory provided to the Client for review upon booking by posting on the Provider's website and (or) by sending to the Client via electronic and other forms of communication.

1. Terms and Definitions

1.1. Services – Tourism and other related services necessary to meet the needs of the Client during a tourism or business trip within the territory of the Republic of Kazakhstan. These include, but are not limited to, services of guides, interpreters, transportation, catering, accommodation, visits to attractions, additional heli-skiing services (a type of alpine skiing and freeriding, involving descent on untouched snow slopes away from prepared trails, with ascent to the starting point by helicopter). Such services are provided within the territory of the Republic of Kazakhstan to legally capable legal entities and individuals of full legal age, including through the use of Information Technology.
1.2. Tourism Product – A set of Services prepared by the Provider, sufficient to meet the Client's needs during a trip. These Services are provided either by the Provider directly and/or through Third Parties, to whom the Provider assigns the performance of part or all of its obligations to the Client.
1.3. Personal Data – Information regulated by the Contract that relates to a specific individual and is recorded on electronic, paper, and/or other material media.
1.4. Collection of Personal Data – Actions aimed at obtaining Personal Data.
1.5. Processing of Personal Data – Actions aimed at the accumulation, storage, modification, supplementation, use, dissemination, anonymization, blocking, and destruction of Personal Data.
1.6. Third Parties – Persons currently or in the future associated with the Provider by circumstances or legal relationships, including but not limited to the Collection, Processing, and protection of the Client's Personal Data.
1.7. Website – a collection of electronic documents (files) of the Provider, available on the Internet, containing full information about the content and cost of the Services, the Services themselves, posted at https://ala-adventures.com

2. Scope of the Contract

2.1. The Provider undertakes to render tourism services to the Client, necessary to meet their needs during and in connection with the trip, in the scope and under the terms stipulated by the Contract. The Client undertakes to pay the Provider for the specified tourism services.
2.2. The tourism services provided are part of the Tourism Product, formed by the tour operator Private Company ALA Adventures Ltd, , license number 24035756 dated 20 December 2024.
2.3. The Client undertakes to pay the cost of the Tourism Product within the established deadlines and fulfill other obligations stipulated by this Contract.
2.4. The consumer properties of the formed Tourism Product are reflected in relevant sections of the Website, which are considered an integral part of the Contract.

3. Rights and obligations of the Parties.

3.1. The Provider undertakes to:
3.1.1. Render Services in qualitative and timely manner;
3.1.2. Provide the Client with documents certifying the Client’s right to receive the Services included in the Tourism Product, as well as other documents necessary for the trip. The issuance of documents (including originals, where required by law) may be carried out by sending them to the Client’s email address or through other means.
3.1.3. In the case of additional heli-skiing services, prior to commencement of Services provided hereunder, to acquaint the Client with safety precautions, aircraft’s (hereinafter referred to as “A/C”) boarding (landing) rules, flight behavior, A/C emergency escape, A/C security and fire safety arrangements.
3.1.4. Ensure the Client’s safety during the provision of Services, provided that the Client complies with personal safety rules, the Provider’s rules and recommendations, as well as the requirements of applicable legislation.
3.2. The Provider has the right to:
3.2.1. In the case of additional heli-skiing services refuse Services in the following circumstances:
3.2.1.1. Meteorological conditions inappropriate for flight operations. In this case, Request implementation date and time shall be postponed as accepted by Parties, or down payment shall be returned to the Client in terms of Services not rendered. If the Request is transferred to another date and time, the Provider shall be entitled to provide another A/C;
3.2.1.2. Identification of facts of misrepresentation by the Client of information contained in the Flight Request, including the attempt to carry dangerous goods not stated in the Request;
3.2.1.3. Client’s breach of any clause of any of supplementary agreements;
3.2.2. Decide on transfer or cancel the flight, change in traffic load of A/C, flight diversion, additional refueling landing or course to reserve airfield, if such decision is dictated by the need of promotion of safety of flight, the Client, Passengers, and the crew;
3.2.3. In the Client’s absence at the place of departure in the required time (maximum permissible deviation from the required time shall be 15 minutes), the Provider’s representative has the right to decide at his sole discretion to transfer the time of departure, and in case of operational need, perform the return departure without the Client;
3.2.4. To suspend the fulfillment of obligations in the event of the Client’s violation of the payment procedure established by the Contract, as well as in cases of failure to provide or delayed provision of information and documents required for the execution of the Contract, or the Client’s violation of other obligations stipulated by this Contract.
3.3. The Client undertakes to:
3.3.1. To make timely payment for the cost of the Tourism Product (Service cost) in accordance with the terms of this Contract.
3.3.2. To provide, within the timeframe specified by the Provider, the necessary information and documents required by the Provider for the execution of the Contract. Information regarding specific required documents and their submission deadlines shall be communicated to the Client in written or oral form.
3.3.3. To document in writing any circumstances that may affect the execution of the Contract and/or create obstacles to its fulfillment, as well as any other individual, non-standard, or specific preferences for the booked Tourism Product at the time of placing the order. These include, but are not limited to: various medical conditions and related restrictions, including those affecting transportation, dietary requirements, and so forth.
3.3.4. To verify the documents received from the Provider pursuant to Clause 3.1.2 before the trip begins, and in case of any deficiencies in the documents, to promptly notify the Provider in writing.
3.3.5. To arrive on time at the location designated by the Provider for the commencement of Services. Changes to the dates and times of Services are only possible with prior written consent from the Provider. In the event of any unforeseen situations, the Client agrees to contact the Provider immediately.
3.3.6. To promptly inform the Provider of the non-performance or improper performance of Services included in the Tourism Product by Third Parties.
3.3.7. To comply with the rules of the Republic of Kazakhstan regarding entry, exit, and stay within its territory. To leave the Republic of Kazakhstan in a timely manner in accordance with the conditions of the trip and the issued visa.
3.3.8. To observe the laws and/or accepted codes of conduct of the Republic of Kazakhstan and/or the place of temporary residence, to respect its social structure, customs, traditions, and religious beliefs, and to preserve the environment and treat natural, historical, and cultural monuments with care.
3.3.9. To treat the property of Third Parties with due care and diligence, to comply with the rules established by Third Parties regarding the use of such property, and to avoid causing damage to the property of Third Parties.
3.3.10. Not to transport ammunition, weapons, explosives and narcotics;
3.3.11. In case of rescheduling of the terms of rendering the Services to any other date and time, undertakes to notify the Provider in writing within 5 (five) business days. In case of failure to notify, the down payment for the Services provided is not subject to return to the Client.
3.4. The Client has the right to:
3.4.1. To receive, upon entering into the Contract, information provided in accordance with the terms of the Contract and the laws of the Republic of Kazakhstan.
3.4.2. To receive the documents necessary for the trip in accordance with the Contract.
3.4.3. To receive the Services ordered and paid for as part of the Tourism Product in full and under the agreed conditions.
3.4.4. To claim compensation for direct losses in case of non-fulfillment of the terms of the Contract, in the manner prescribed by the legislation of the Republic of Kazakhstan.
3.4.5. To withdraw from the Tourism Product at any time in accordance with the terms of the Contract.

4. Procedure of payment for Services.

4.1. The Client selects a pre-formed Tourism Product and receives necessary and accurate information about the Tourism Product. The information is provided to the Client in a visual format on the Provider’s website in the relevant sections and/or by the Provider through electronic communication means and/or verbally.
4.2. The cost of the Tourism Product is specified in the relevant sections of the Website.
4.3. After selecting the Tourism Product and receiving the necessary information about it, the Client makes a prepayment of 100% of the cost of the Tourism Product. Payment is made using one of the methods offered by the Provider.

5. Liability of the parties.

5.1. Each Party shall be liable for failure to fulfill or improper fulfillment of its contractual obligations.
5.2. The Parties shall not be held liable for whole or partial fulfillment of their obligations, if such failure to fulfill resulted from force-majeure circumstances (natural disasters, military actions, strikes, curfew, meteorological conditions, aviation equipment fault detection during flight task, which prevents from flight operations. The Parties shall immediately notify one another about commencement of force-majeure.
5.3. The Provider has the right to raise a penalty for delayed payment in the amount of 0.5% of sum of indebtedness for every day of delay. Total penalty shall not comprise more than 10% of sum of indebtedness.
5.4. In case of A/C damage through the Client’s fault, the Client shall bear complete financial liability prorate the actual damage, in accordance with the A/C technical evaluation report signed by both Contracting Parties, after establishment of the fact of damaging.
5.5. The Client shall be liable for terms specified in clauses 2.2.3., 2.3.1.-2.3.5. of the Contract.
5.6. The Provider shall not be held liable for any expenses incurred by the Client or for any negative consequences arising as a result of:
5.6.1. The Provider's non-performance and/or improper performance of obligations under this Contract due to the inaccuracy, insufficiency, and/or untimeliness of the information and documents provided by the Client that are necessary for the Provider to fulfill the Contract;
5.6.2. The non-issuance, improper processing by competent authorities, and/or delays in the issuance of visas and other documents necessary for entry into the Republic of Kazakhstan and/or Central Asian countries, if these circumstances occur due to reasons beyond the Provider's control;
5.6.3. The cancellation or changes in the date and/or time of departure of regular and private passenger air, land, or water transport, and the associated changes to the travel program;
5.6.4. The removal of the Client from regular passenger transport and/or denial of entry (exit) permits by migration, customs, sanitary, or other services;
5.6.5. The Client's culpable actions, which include, but are not limited to:
- Failure to appear or tardiness at the location for the provision of Services,
- Violation of entry (exit) and stay regulations in the Republic of Kazakhstan, as well as personal safety rules,
- Violation of the applicable legislation of the Republic of Kazakhstan, including customs and quarantine regulations;
5.6.6. Force majeure events occurring during the provision of Services by the Provider;
5.6.7. The Services not meeting the Client's subjective expectations and assessments.
5.7. The Provider shall not be held liable for reimbursing the Client for expenses related to the paid Tourism Product if the Client, for any reason, does not utilize all or part of the ordered Services during the service period.
5.8. The Provider shall not be held liable for any independent changes made by the Client to the service conditions that result in additional expenses and shall not pay the Client's bills for additional tourism services beyond those pre-agreed under this Contract.
5.9. The Provider shall not be held liable if Services are denied to the Client due to their being in a state of alcohol or drug intoxication, or if the Client's actions (or inactions) cause harm to others or to the property of Third Parties. Should the Client's actions cause damage to the Provider and/or Third Parties, the Client shall be liable for losses in amounts and in the manner prescribed by applicable law.

6. Term of the Contract, Amendments and Termination

6.1. This Contract shall come into effect on the date of its signing by both Parties, and shall be valid until complete performance of contractual obligations by the Parties.
6.2. This Contract may be amended or terminated by mutual agreement of the Parties or on other grounds provided by applicable law or this Contract.
6.3. Each Party has the right to request an amendment or termination of the Contract due to a significant change in the circumstances that the Parties relied upon when entering into the Contract. Significant changes in circumstances include:
6.3.1. Deterioration of travel conditions;
6.3.2. Changes in travel dates;
6.3.3. The Client's inability to undertake the trip for reasons beyond their control (e.g., illness, visa denial, or other similar circumstances).
6.4. Late or incomplete payment by the Client under the Contract, failure to provide the necessary documents required for the execution of the Contract, or the inability to provide Services due to the Client's failure to fulfill their obligations and/or violation of the terms of the Contract, shall be considered by the Parties as the Client's fault, resulting in the non-performance of the Contract.
6.5. If it is impossible to provide Services due to circumstances for which neither Party is responsible (including force majeure), the Client shall reimburse the Provider for the actual expenses incurred unless otherwise provided by the Contract or applicable law.
6.6. The Client has the right to terminate the Contract unilaterally, provided they pay the stipulated penalties (if applicable) depending on the timing of the cancellation of the Tourism Product. Information regarding penalties is provided to the Client on the Provider’s website and/or in the booking confirmation and/or verbally at the time of entering into this Contract. The cancellation date shall be deemed the date when the Client's written statement is received at the Provider's email address (or via other communication channels such as messenger) or the original statement is delivered to the Provider's specified postal address, or when the cancellation is made orally during a personal visit to the Provider's sales office. The Provider may refuse to accept cancellations on non-business or public holidays, in which case the cancellation shall be considered made on the next business day.
6.7. Any amendments or supplements to the Contract shall be valid if made in ways not prohibited by the applicable laws of the Republic of Kazakhstan (including through the exchange of documents via email or other electronic communication means) or through the Client's acceptance of information posted on the Provider's website, in the booking confirmation, or sent to the Client through electronic communication means. The Client's actions to fulfill the Contract, taking into account the proposed changes by the Provider, may be considered as consent to amendments in writing in accordance with the procedure established by the laws of the Republic of Kazakhstan.
6.8. Early termination of the Contract for any reason shall be carried out in the same form as the conclusion of the Contract by one Party sending a proposal for termination at least 10 (ten) calendar days prior to the proposed termination date (if the Contract is entered into earlier than 10 (ten) calendar days before the planned termination date). If the other Party disagrees with the proposal for termination, it must notify the proposing Party in writing before the proposed termination date. The absence of such written notification from the Party receiving the proposal for termination shall be considered its consent to terminate the Contract.

7. Consent to the Collection and Processing of Personal Data

7.1. In accordance with the legislation regulating relations related to the Collection and Processing of Personal Data, upon entering into this Contract, the Client provides unconditional consent to the Provider and its associated Third Parties for the Collection, Processing, and, if necessary, cross-border transfer of the Client's Personal Data. Such actions shall be carried out by lawful means, for purposes regulated by this Contract, and in sources, including publicly accessible ones, at the Provider's discretion, in connection with any existing or future civil-law and/or other legal relationships with the Provider.
7.2. The Parties define the Client’s Personal Data as the following information relating to the Client, as well as any future changes and/or additions thereto, recorded on electronic, paper, and/or other material media, including but not limited to: surname, first name, patronymic (if applicable), individual identification number (if applicable), date of birth, gender, citizenship, passport number and validity, place of work and position, residential address, mobile phone number, email address, and data on family members.
7.3. The Collection, Processing, and, if necessary, cross-border transfer of the Client’s Personal Data is carried out by the Provider for the following purposes, including but not limited to:
7.3.1. Ensuring proper fulfillment of the Contract and the rights and obligations imposed on the Provider by law;
7.3.2. Internal control and record-keeping by the Provider;
7.3.3. Judicial and extrajudicial protection of the Provider’s rights in the event of breaches of obligations under relevant transactions or disputes, including disputes involving Third Parties.
7.4. By transmitting Personal Data to the Provider through open communication channels, the Client acknowledges and accepts the risk of unauthorized access by third parties and the consequences associated with such access. The Provider is not liable for unauthorized access to Personal Data by third parties during its transmission through open communication channels.
7.5. The Client’s consent to the Collection, Processing, and, if necessary, cross-border transfer of Personal Data, as regulated by this section, may be withdrawn in cases provided by the legislation of the Republic of Kazakhstan. Such withdrawal must be submitted in writing to the Provider at least 10 (ten) calendar days before the withdrawal date. The Client acknowledges that this consent cannot be withdrawn if such withdrawal contradicts applicable law or if the Provider has outstanding obligations to the Client.

8. Dispute settlement procedure.

8.1. The Parties shall settle all disputes and differences under the Contract through good faith consultation and negotiation. In case of failure to settle disputes and differences between the Parties, the Parties shall resolve them through the courts in accordance with current legislation of the Republic of Kazakhstan.

9. Final provisions.

9.1. All terms of contract are confidential. The Parties undertake not to provide information about its terms to third parties without adequate notification and agreement of the either Party, unless otherwise provided for by current legislation of the Republic of Kazakhstan.
9.2. Any amendments, modifications and annexes hereto shall have legal force and effect, if they are in writing and signed by authorized representatives of the Parties. Any amendments, annexes hereto shall be its integral parts. Failure to meet this requirement results in ineffectiveness of any amendment, or annex.
9.3. All other matters not covered by this Contract shall be governed by the applicable laws of the Republic of Kazakhstan.

10. Legal addresses and bank details

“Provider”
Private company ALA Adventures Ltd.
Republic of Kazakhstan, Astana city, 48Б Kabanbay batyr ave., of. 50

BIN 230840900280
Acc KZ9896503F0012559242
Bank of JSC “ForteBank”
SWIFT IRTYKZKA