END USER SERVICE AGREEMENT (PUBLIC OFFER)
Effective from 2015
Web-site means a set of electronic documents (files) posted on the Internet and united with a common subject matter and design and having a single address area of silkroadexplore.com domain (hereinafter referred to as the “Site”). The home page of the Site is available on the Internet at: https://silkroadexplore.com
The Site is a platform for promotion and sale of the Provider’s tourist services to Users.
Site Administration (Administration) is Silk Road Explore LLC. Silk Road Explore LLC is a legal entity, registered and operating in compliance with the applicable law of the Kyrgyz Republic, located at the registered address: 28 Minbulaksky Lane, Bishkek, Kyrgyz Republic, which has all property rights to the Site, including the rights to the Site domain name, and performs its management.
Service Provider (Provider) means a travel agency / tour operator which is an entity having legal registration and all required authorizations to be engaged in tourist activities, in compliance with the requirements of the applicable law of the Service Provider’s country.
Site User (User) means a consumer who has passed the registration procedure, was assigned an individual login and password (User’s account), and equally, a person, who has not been registered but has access to the Site and/or uses/used it.
Content means information content of the Site, including but not limited to texts, reviews, comments, announcements, photos, videos and other forms and types of information related to tourism, including tourist services rendered by the Service Provider.
The Site services shall be provided only with the User’s consent to all rules, terms and notices below (hereinafter referred to as the entire End User Service Agreement). The fact of logging in the website, as well as clicking the button “Sign Up” during the registration on the Site page shall be recognized as the User’s unconditional acceptance of the terms hereof without any reservations and/or exceptions, as provided here and elsewhere in this Agreement.
This End User Service Agreement shall be applied to all legally important activities, including but not limited to booking, full execution of orders for tourist services rendered by Provider(s), payment for the order through activation of Payment section, etc., performed when using the Site.
If the User does not accept the terms of the End User Service Agreement, he/she shall not be entitled to use the Site.
The Administration reserves its right to make amendments to this End User Service Agreement at any time and in any manner, at its own discretion and without prior notification. The User’s continuing to visit the Site or using it shall be considered as the User’s unconditional consent to the terms of the amended, supplemented or revised End User Service Agreement.
New terms shall be binding for the User and Site Administration from the date of publication on the Site, unless otherwise agreed.
When confirming his/her consent to the End User Service Agreement, the User proves his/her legal capacity and ability to enter into similar agreements, his/her solvency and liability for obligations undertaken in result of this End User Service Agreement conclusion and entering into agreements with Service Providers.
After receipt of the User’s consent to the terms hereof, the End User Service Agreement shall be deemed as concluded by and between the User and Site Administration and shall come into effect immediately.
The Site is an information platform which contains the information on tourist services of Service Providers registered on the Site. It is designed to facilitate the User’s searching for and reviewing the offers of Service Providers concerning direct and online booking of tourist services and execution of orders. Searching for tourist services is adjusted to select the best offers from Service Providers which meet the User’s demands. However, the Site Administration does not provide any tourist services itself, and is neither a tour operator nor a travel agency nor a subject of law governing these relationships. All agreements for tourist services, information on which is given on the Site, shall be concluded by the Site User directly with Service Providers.
The services of booking, execution of orders for tourist services and payment for the same are available only for Users registered on the Site. The User shall use the service of booking and execution of orders for tourist services only when such services are really needed, in compliance with the terms specified in the End User Service Agreement.
The Service Providers shall be entitled to impose special requirements and conditions for booking and execution of orders for tourist services, for example, payment procedures, conditions of accommodation, use policy, penalty policy, requirements to submit scanned copies of passport, visa, insurance certificate, etc. These requirements and conditions are presented on the Site in the information on tourist services, or may be additionally notified to the User by e-mail or by a consultant on-line. The User’s activation of the process of booking and execution of orders for tourist services means that he/she accepts the special requirements and conditions of the Service Provider.
If, by any reason, the Service Provider does not provide the information to be posted on the Site concerning special requirements and conditions of tourist services rendering, or the list of such requirements and conditions was provided in part, such a lack or incompleteness of the information on tourist services will not be a reason and/or ground for making claims to the Site Administration, because provision, content and completeness of such information is entirely and solely the responsibility of Service Providers which are separate, autonomous and independent persons, subject to full liability for violations from their part, including for deception of the Users concerning the services rendered.
When using the Site, the User shall not:
download, send, forward or otherwise post and/or distribute any information conflicting with the effective law of the Kyrgyz Republic and/or country of the User’s permanent residence;
to set links to web-resources, the content of which conflicts with the effective law of the Kyrgyz Republic and/or country of the User’s permanent residence;
infringe the rights of third parties, including those of minor age, and/or cause them damage of any kind;
represent the interests of any persons, including the Site Administration, without due authorization;
deceive the Users, Service Providers or the Site Administration concerning the features and characteristics of any subjects or facilities involved in tourist services provision;
download, send, forward or otherwise post and/or disseminate any information without being entitled to do so in accordance with the law of the Kyrgyz Republic and/or country of the User’s permanent residence;
download, send, forwards or otherwise post and/or disseminate any materials, containing viruses or other computer codes, files or programs, intended for disturbing, destroying or limiting operation of any computer hardware or telecommunication equipment or software;
collect and keep personal data of other persons without authorization;
interrupt the regular operation of the Site and any other web-sites;
promote actions aimed at violation of restrictions and prohibitions imposed hereunder;
otherwise violate provisions of the law of the Kyrgyz Republic and/or country of the User’s permanent residence;
PROTECTION OF INFORMATION
To register on the Site, the User shall provide reliable personal information according to the questions in the login form.
The User shall be solely responsible for safety of the password he/she chooses (password guessability), and shall control access to his/her computer and e-mail independently.
The User shall be solely responsible for all actions and consequences of such actions committed on the Site with the User’s account, and all such actions shall be considered as made by the User him/herself.
The Site Administration has the right to lock or delete the User’s account, if the latter violates the terms of the End User Service Agreement.
Personal data of the User (name, surname, age, e-mail, telephone number, passport copy, and etc.) are required to the Site Administration in order to provide the User with the best-quality services possible.
Statistical data which can be received on the basis of personal information (browser type, location, age, gender, etc.) shall be used by the Site Administration in the process of promotion campaigns development, with taking into account the User’s profile and his/her choice concerning receipt of undesirable e-mail messages.
Information received by the Site Administration from the registration data of the User shall not be disclosed to any third parties, used or sold with the purpose of gaining profit or otherwise, without notifying the User and/or receiving his/her personal permission.
Using the Site, the Administration shall analyze and interpret the User’s actions and preferences which are monitored when he/she visits the Site. Such statistical data shall be used in order to offer the User a more effective opportunity to receive services.
The User’s details can be disclosed only in case of an official written request of authorized bodies, and when such disclosure is obligatory and required under the applicable law of the Kyrgyz Republic, and, if any case may be, of the country of the User’s permanent residence.
Details of bank cards required on the payment page, shall be processed by safety software of the partner bank in order to guarantee confidentiality of payments for services by the User. All payment operations shall be made between the partner bank and the User’s computer through the Bank interface, and the Site Administration shall not be responsible for such payment operations.
Taking into consideration the Internet specifics, the information may be distributed and used by third parties, despite of safety measures undertaken, and in this case the Site shall not be responsible for any unauthorized use and related losses.
RIGHTS AND OBLIGATIONS
Obligations of the Site Administration:
To provide the User with the 24-hour access to the Site in compliance with the terms of the End User Service Agreement except for the periods of the Site functioning suspension.
To ensure safety of the User’s information.
To render consultations to the Users concerning the tourist services of the Providers, operation of the tourist services search engine, and other information related to the services provision to the Users.
To process the User’s requests to the Service Providers concerning the tourist services, information on which is given on the Site.
Rights of the Site Administration:
To revise, amend and supplement the terms of the End User Service Agreement.
To suspend the Site operation, when significant malfunctions, faults and failures of hardware and software are detected, and for the purpose of performing maintenance works and prevention of unauthorized access to the Site.
To suspend, restrict or stop the User’s access to any service of the Site, if the Administration discovers that such User poses a threat to the Site and/or other users and/or violates the terms of the Site use policy.
Obligations of the Users
To comply strictly with the Site use policy.
To review independently the possible revisions, amendments and supplements of the terms of the End User Service Agreement.
Not to commit any actions which can directly or indirectly cause damages to the Site Administration, including in result of the good will loss, and not to impede in any manner the regular operation of the Site.
To provide reliable, actual personal information when using the Site services.
To undertake necessary measures to ensure safety of login and password in case of registration on the Site.
Rights of the User:
To use the Site services for the purpose of searching for the information on tourist services rendered by the Service Providers, booking and execution of orders for tourist services.
To make requests and receive advices from the Site Administration concerning the tourist services of Providers, the tourist services search engine, and other information related to provision of services to the Users.
The Site Administration shall not be liable for reliability and quality of the services, which the User finds by means of search engines of the Site and can purchase from the Service Providers. The Site Administration shall not be liable for any actions of the Service Providers, for their violating the terms of tourist service agreements concluded with the Users, for any damage caused in result of the Site use or the Providers’ services use. The Site Administration is not liable for any delay or cancellation of carriages, other accidents beyond the competence of the Administration.
The Service Provider shall be fully and solely liable towards the User for improper performance or non-performance of tourist services.
The Service Provider shall be solely liable for the posted Content being in conformity with the requirements of the applicable legislation of the Kyrgyz Republic and/or the country of the Service Provider, including liability to third parties in cases when the Service Provider posts this or that Content or the Content violates the rights and legal interests of third parties.
The Site Administration shall not be liable for full or partial interruptions in the Site operation caused by replacement/failure of hardware or software or by performance of repair, maintenance and other works, actions by providers or other events beyond the will of the Site Administration. The Site Administration shall not be liable for possible technical problems by fault of the Bank and is liable for its own obligations only.
The Site Administration shall not be liable for ensuring the safety and correct operation of hardware and software of the User he/she uses to access the Site.
The Site services can contain links to other web-sites in the Internet (sites of third parties). The Site Administration shall not check the mentioned third parties and information for compliance with these or those requirements (accurateness, completeness, lawfulness and etc.). The Site Administration shall not be liable for any information, materials posted on the sites of third parties to which the User receives access with use of the Site services, including for any opinions or statements expressed on the sites of third parties, advertisement and etc., as well as for accessibility of such sites and consequences of the User’s using them.
The Site Administration shall be liable for any advertisement posted in the Site within the limits specified by the law of the Kyrgyz Republic.
The Administration does not guarantee that: the results which can be received with use of services will be precise and reliable and can be used for any purposes or in any manner (for example, to establish and/or prove any facts); the quality of any product, services, information, etc. received with use of the Site services will meet the expectations of the User.
The User shall be solely liable to third parties for his/her actions related to the Site use, including if such actions will entail infringement of the rights and legal interests of third parties, as well as for compliance with the legislation when using the Site.
The User shall be fully liable for proper performance of his/her obligations specified by the End User Service Agreement in compliance with the law of the country of his/her permanent residence.
All disputes in relation to tourist services rendered by the Provider are subject to settlement exclusively between the User and Service Provider.
All the information posted on the Site, the Site infrastructure and software is the property of the Site Administration, which possesses the exclusive property right to domain name of silkroadexlpore.com. The mentioned rights are duly registered and are protected by the applicable law. Any trademarks, names of legal entities, logotypes and other attributes of copyright which are indicated in one form or another in the site are the property of their owners and are duly protected. The Site, its owners and partners grant the User the right to download, print and use the information provided on the Site only for personal, non-commercial use. Any actions with the Site infrastructure and its content, which are conflicting with the goals and objectives of the Site development, any reference to the materials provided on the Site, links to the Site and information provided on it, are possible only with the written consent of the Site Administration.
The User agrees not to change, reproduce, publish, distribute, transfer, show, license, dispose, sell or resell, make derivative forms of or disseminate any information taken from the Site.
The User agrees not to use any software to collect information with the purpose of receiving access to the site data or copying the same. The User also agrees not to use any software which can damage the Site operation or interrupt its regular functioning.
This End User Service Agreement is an agreement between the User and the Site Administration in relation to the Site services use policy.
The present End User Service Agreement is governed and interpreted in compliance with the law of the Kyrgyz Republic. Any matters not governed herewith, are subject to settlement in compliance with the law of the Kyrgyz Republic. Any disputes possible resulted from the relations governed by this End User Service Agreement, shall be settled according to the procedure specified by the current legislation of the Kyrgyz Republic.
The Site services rendered under the present End User Service Agreement shall be provided to the User without charge. Regulations on the consumer rights protection specified by the legislation of the Kyrgyz Republic cannot be applied to the relations between the User and the Site Administration.
If for any reason one or several provisions of this End User Service Agreement are recognized invalid or ineffective, this will not affect validity or applicability of the remaining provisions hereof.
Omission by the Site Administration when the User or other users violate the provisions of the End User Service Agreement does not deprive the Site Administration of the right to subsequently undertake necessary measures to protect its interests and does not mean the Administration refusal to exercise its rights in case of any further similar violations.