Site – a set placed in a network of electronic documents (files), united by a common theme, design and unified address space of domain silkroadexplore.com (hereinafter – the “Site”). Home page of the Site is placed in the Internet at the following address: https://silkroadexplore.com
The Site is a platform for the promotion of tourist services of the Provider and their sale to the Users.
Administration of the Site (the “Administration”) – “Silk Road Explore” LLC, which owns all property rights to the Site, including the rights to the domain name of the Site and carrying out its administration.
Service provider – travel agency / tour operator – a person having legal registration and all necessary approvals for employment in tourism activities, in accordance with the applicable laws of the country of the Service provider.
Site User (the User) – a user, passed the procedure of registration, got individual login and password (User profile), as well as a person who has not passed the procedure of registration, but provides access to the Site and / or use and / or used it.
Content – information and meaningful content of the Site, including in the form of texts, reviews, comments, announcements, photos, videos, and other forms and types of information relating to tourism, including tourist services rendered by the Service provider.
This document is a public offer of the “Silk Road Explore” LLC (a legal entity registered and performing its activities in accordance with the current legislation of the Kyrgyz Republic, legal address: h.28, Minbulaksky lane, Bishkek c., Kyrgyz Republic), represented by the General Director Tolubaev Ulan Absatarovich, acting under the Charter, conclude an agreement providing services to attract clients and promote the services of travel agencies, tour operators (hereinafter the “Agreement”), through the Site, owned and administered by the “Silk Road Explore” LLC.
The fact of putting a special mark (check mark in the line “I have read the public offer Silk Road Explore and fully accept it“) and press the button “Register” at the time of registration on the Site page is recognized by the acceptance, that is unconditional consent of the Service provider to accept the offer conditions as the agreement with the Administration, without any amendments and / or exceptions to the following conditions.
The Service provider and Administration individually referred to as the “Party” and together – the “Parties”. The Agreement shall enter into force on the date of the acceptance.
At the time of acceptance of the Agreement is assigned a number and date.
Subject of the Agreement
The Service provider assigns, and the Administration undertakes on their behalf on a reimbursable basis to carry out activities for the promotion of tourist services provided by the Service provider, by organizing the search, booking and sale of tourist services through the Site.
2. Order of execution of the Agreement
2.1. The Site administration allows the Provider to place information about their services on the Site and the possibility of selling the Provider of its services online.
2.2. The Administration registers the Service provider on the Site, and assigns it a unique identification number, which for purposes of this Agreement, the Administration may replace the name of the Service provider on the Site.
2.3. Registered Service provider provides the Administration of the Site a complete and accurate information about its services (types, cost, terms of rendering, and so forth), information on the Service provider. The Site administration processes received information to be posted on a special page of the Site to meet the requirements of design, navigation, marketing planning and strategy, and so on. After that, the Service provider is given a link to the Site page for approval. Upon receipt of the approval of the Service provider, the Site page is available for viewing by a wide range of Users.
2.4. All communications of the User and the Service provider until the completion of payment of tourist services will be carried out exclusively through the Site. Any communication between the User and the Service provider in relation to services requested by the User, including requests, responses to requests, confirmations, etc. through mailboxes of the Site administration is viewed by the Site administration and sent to the appropriate destination. Violation of the condition by the Service provider, what would it have resulted, will result in automatic termination of the Agreement, withdrawal from the Site all information concerning the Service provider, what would such is not expressed, including correspondence with the User(s).
2.5. By using the Site the Service provider shall not:
upload, send, transmit or in any other way to place and / or distribute the Content, contrary to the current legislation of the Kyrgyz Republic and / or the country of the Service provider;
post links to net resources whose content is contrary to the current legislation of the Kyrgyz Republic and / or the country of the Service provider;
infringe the rights of third parties, including minors and / or harm them in any form;
it is not authorized, without the proper authorization to represent the interests of any persons, including the Site administration;
input Users or the Site administration misled as to the properties and characteristics of any entities or objects involved in the provision of tourist services;
upload, send, transmit or in any other way to place and / or distribute the Content, in the absence of rights to do so under the legislation of the Kyrgyz Republic and / or the country of the Service provider;
upload, send, transmit or in any other way to place and / or distribute any materials that contain viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunication equipment or programs;
it is not authorized to collect and store personal data of other persons;
disrupt the normal operation of the Site and any other web sites;
promote actions aimed at violation of restrictions and prohibitions imposed by this Agreement;
otherwise violate the norms of legislation of the Kyrgyz Republic and / or the country of the Service provider.
3. Rights and obligations of the Parties:
3.1. The Site administration shall:
3.1.1. Ensure the availability of Site, search system of tourist services.
3.1.2. Register the Service provider, accept the terms of the offer, and assign a unique identification code. At that the Site administration reserves the right at any time to require official documentation evidencing the commercial activity of the Provider in the tourism sector.
3.1.3. Organize registration requests and actual sale of services of the Provider to the Users.
3.1.4. Provide advice to the Users on tourism services of the provider by the search system of tourist services, and other information related to the provision of services to the Users.
3.1.5. Preliminary coordinate sale of tourist services with the Service provider and, if necessary, carry out such only after receiving a written confirmation of sale from the Service provider. In this case, the confirmation received by e-mail will amount to a formal written confirmation of the Service provider.
3.2. The Site administration has the right to:
3.2.1. Partially or completely remove the information about the work and services of the Provider without prior notice of the latter.
3.2.2. Independently determine the design of visual display and content of information provided by the tourist services provider, posted on the Site. At the same time, this Content cannot be accommodated by the Provider in the same form in other Web-sites, Internet-resources, etc.
3.2.3. Demand from the Service provider stop any actions, users are deceived about the nature of the Site and its properties.
3.2.4. Unilaterally change the terms of the Agreement with mandatory notification of the Service provider by e-mail no later than one month before the changes take effect.
3.3. The Service provider shall:
3.3.1. On a regular basis, make reconciliation with the Site administration by type of services sold by the User and determine the volume of remuneration to the Site administration for the specified period.
3.3.2. The Site administration is paid remuneration in the manner and amount established by the Agreement.
3.3.3. Provide the Site administration only complete, correct and reliable information on tourist services that meet the requirements of current legislation of the Kyrgyz Republic and / or the country of the Service provider.
3.3.4. In case of disputes with the User or the User representative, regarding the services of the Provider or provided by the Provider of information, the Provider agrees not to engage in these disputes the Site administration and thus recognizes that the Site administration cannot have any relation to proceedings and disputes between the User and the Provider.
3.3.5. In case of changing the relevance of any information about the services, the Provider shall notify the Site administration within 24 hours.
3.3.6. Inform the Site administration in the event of refusal to the User in providing services, and reasons for refusal.
3.3.7. Responding to requests of the User (s) directed by the Site administration to the Service provider, within 24 hours of receipt of the request.
3.3.8. Not specify their direct contact details at the time of the correspondence with the User, and not to take any action on the User interaction outside of the area of the Site. Any action of the Service provider with the Uses coming into conflict with interests of the Site administration and objectives of this Agreement are the absolute grounds for termination of this Agreement and payment of the Site administration of cash compensation in the amount not less than the amount of actual damages and lost profits of the Site administration.
3.3.9. Not change terms of its services after payment of services by the User (s)
3.3.10. Refrain from engaging in activities prohibited by the legislation, as well as any action as a result of which could be harmed a goodwill of the Site administration and / or Site administration may be involved in any proceedings, the subject of which, including, but not limited, are disputes on rights to results of intellectual property and / or means of individualization, disputes with the Users, disputes with the state authorities regarding the taxation of the Service provider, as well as the need for reception by the Service provider permits for activities under this Agreement.
3.4 The Service provider is entitled to:
3.4.1. Submit to placing information about the activities on a special page on the Site of the Service provider under the conditions defined in this Agreement.
3.4.2. Submit its recommendations on the page content of the Service provider on the Site.
3.4.3. Reject the User (s) of the provision of tourism services in the sole discretion and under responsibility, with the provision of the Site administration a justification for such refusal.
4. Settlement procedure
4.1. The Administration remuneration is payable to the Service provider for actually booked online and purchased tourist services.
4.2. The amount of the Administration remuneration is determined in the amount of the discount for tourist services to the Site administration to be determined by the Service Provider at registration on the Site for each type of tourist services offered to the User (s) on the Site.
4.3. The Site administration allows the Users to pay for services of the Service provider through the Site online using payment cards Visa and MasterCard. Immediately the payment process takes place on the Site of the bank OJSC “Kazkommerzbank Kyrgyzstan” [http://kg.kkb.kz/] (hereinafter – the “Bank”) through the protected protocols of the Bank.
4.4. Received from the User cash is transferred to the account of the Service provider no later than five (5) working days from the date of completion of settlements with the Users of the Site. Payment shall be made taking into account the deduction of the remuneration of the Administration and applicable taxes.
5. Responsibility of the Parties
5.1. In case of default or non-proper execution of conditions of this Agreement the Parties shall be liable in accordance with the current legislation of the Kyrgyz Republic.
5.2. Responsibility before the User for improper rendering or failure to render tourist services independently carries full the Service provider.
5.3. The Service provider is solely responsible for the content hosted matching their Content requirements of the current legislation of the Kyrgyz Republic and / or the country of the Service provider, including third-party liability in cases where the placement by the Service provider or other Content or the subject of the Content violates the rights and legitimate interests of third parties.
5.4. Each Party shall bear the responsibility to pay taxes and other obligatory payments payable to the budget, in accordance with the legislation of the country of registration of each of the Parties from the amounts received by each of the Parties in the execution of this Agreement. In the case of the provision by the Provider of the tourist services directly on the territory of the Kyrgyz Republic in the settlement between the Parties would apply the tax laws of the Kyrgyz Republic.
5.5. The Site administration is not responsible for any technical problems on the part of the Bank and is responsible only for its obligations.
5.6. The Site administration is not responsible for actions of the Service provider, for violations of terms of agreements for provision of tourist services with the Users, for the legality of the conduct of business, for damages arising from use of the Site or use of services of the Provider. The Site administration is not responsible for the delay or cancellation of shipping, other incidents outside the sphere of competence of the Site administration.
5.7. The Site administration is not responsible for the topicality of prices for services of the Provider. Prices for the services of the Provider are updated by the Administration only after obtaining the express written request of the Service provider on price changes. In this case, the request received by e-mail will equal to a formal written request of the Service provider.
5.8. The Site administration is not responsible for the lives and health of the Users who have purchased services of the Provider and use them.
6. Special conditions
6.1. Acknowledgment of will expression of the Service provider and the Site administration by performing the actions specified in this Agreement, by which the individual legal actions may be committed in the execution of the Agreement, the Parties recognize the analogue of a handwritten signature of the person authorized to enter into and execution of the Agreement on behalf of the Service provider and the Site administration.
6.2. At the request of the Administration the Service provider shall not later than five (5) working days to sign and send to the address of the original documents on paper, mediating performance of the Agreement, including those relating to the fulfillment of tax obligations.
6.3. The Service provider undertakes to notify the Site administration on change of details of the Service provider and a person authorized to execute the Agreement on its behalf.
6.4. Upon detection of the fact providing by the Service provider of false information during the procedure of registration or in the course of execution of the Agreement, the Site administration has the right to demand at the choice of appropriate documents certifying the information on the Service provider and / or withdraw from the Agreement execution.
7. Dispute resolution
7.1. All disputes hereunder shall be resolved through negotiations between the Parties. Failing settlement of the dispute through negotiations, the dispute shall be referred to the judicial authorities of the country of the Party – Defendant, in accordance with the legislation of the country of the Party – Defendant.
7.2. All disputes in relation to the provision of tourist services of the Provider will be settled exclusively between the User (s) and the Service provider.
8. Life of the Agreement
8.1. This Agreement shall come into force upon its acceptance by the Service provider and is valid for one calendar year from the date of acceptance. If none of the Parties not later than 30 days before the expiration of this Agreement declares its intention to terminate the agreement, the agreement is automatically extended for each subsequent calendar year.
8.2. Any Party may withdraw from execution of this Agreement unilaterally extrajudicial order by the notice to other party in writing 30 days before the intended date of termination. Obligations of the Parties are terminated after the fulfillment of all obligations specified in the Agreement.
9. Final provisions
9.1. None of the Parties to this Agreement shall not be entitled in any way transfer the rights and obligations hereunder to any third party without the prior written consent of the other party.
9.2. Correspondence between the Parties, as well as exchange of information and notifications via e-mail to addresses indicated in this Agreement.
9.3. On all matters not covered by this Agreement shall be governed by the current legislation of the Kyrgyz Republic.
10. Details of the Site Administration:
“Silk Toad Explore” LLC
28, Minbulaksky lane, Bishkek c., Kyrgyz Republic
Tel.: +996 555 333 775
General Director Tolubaev Ulan Absatarovich
OJSC “Kazkommerzbank Kyrgyzstan”