Public offer agreement for the provision of hotel services

 

Individual entrepreneur “Fomin D.A.”, hereinafter referred to as the ‘Contractor’, represented by the hotel manager Tsygan Olga Ivanovna, acting on the basis of power of attorney No. 1128 dated May 10, 2010, concludes this Agreement with any person, hereinafter referred to as the “Customer”. The Contract is an agreement on provision of hotel services on a reimbursable basis, concluded by means of a public offer (public offer of the Customer to conclude the contract), and regulates the order of rendering services and obligations arising in this connection between the “Contractor” and the ‘Customer’, who concludes this contract by its acceptance (full and unconditional acceptance of the offer), hereinafter referred to as “Parties”. The text of this Agreement is available on the website: www.zhanaotel.kz , posted in the hotel “ZhanaOtel” in the lobby of the 1st floor at the accommodation service desk. “Parties”, have concluded this Agreement of public offer for hotel services as follows:

 

 

1. Subject of the Agreement

 

1.1. “Contractor” during the term of this Agreement is obliged to provide “Customer” hotel accommodation services, other additional services, in accordance with the price lists (Price lists, placed in the hotel ‘ZhanaOtel’ (hereinafter - “Hotel”) in the lobby of the 1st floor at the accommodation service desk and on the website: www.zhanaotel.kz) and the “Customer” undertakes to accept and pay for the services rendered within the terms and in the manner stipulated by this Agreement, which has legal force and is equivalent to the contract signed by the parties.

1.2 The fact confirming full and unconditional acceptance of the following conditions of this Agreement of public offer for hotel services (hereinafter referred to as “Agreement”) is the payment by the Customer for the services of the Contractor and (or) the Customer's personal filling of the Application form (or ordering hotel services in the form of reservation), which is equivalent to the conclusion between the Customer and the Contractor of the agreement on hotel services on the terms and conditions set out in this Agreement.

1.3 By performing acceptance of this Agreement, the Customer confirms his legal capacity, as well as the legal right of the Customer to enter into contractual relations with the Executor.

1.4 Place of services rendering: Republic of Kazakhstan, Mangistau region, Aktau city, micro district 4, building 84, “ZhanaOtel” hotel.

 

2. Rights and obligations of the Parties

 

2.1 The Contractor undertakes:

2.1.1 During the validity of this Agreement, if there are vacant places in the Hotel, to render services to the Customer by its own forces, means or with the involvement of third parties.

2.1.2 To provide necessary and reliable information about the provided hotel services, providing the possibility of their correct choice.

2.1.3 To provide hotel services with proper quality.

2.1.4 To provide information about the cost of the provided hotel services in accordance with the “Price list for accommodation services in the”ZhanaOtel” hotel. Timely inform the Customer about all changes and additions related to the provision of accommodation services. The information is posted in the Hotel in the 1st floor lobby at the accommodation service desk.

2.1.5 Hand over to the Customer all necessary documents related to accommodation in the Hotel, provision of other paid services.

2.1.6. Eliminate any deficiencies arising during the provision of services under the Agreement and within the terms agreed upon by the Parties.

2.1.7. Provide accommodation in accordance with the availability of vacancies on the date of the Customer's arrival. In case of advance booking of the Customer, the places are provided in accordance with the order/application for accommodation. In case of unavailability of a reserved place on the date of arrival, an alternative room or a room of a higher class shall be provided at no extra charge.

 

 

2.1.8. Place on the website/stand of the accommodation service all comprehensive information for the Customer to book hotel services of the Contractor. Not later than 3 working days after receipt of the order/request to confirm the possibility to provide the Customer with hotel services with indication of their cost. In case of impossibility of booking on the conditions stated by the Customer, inform the Customer about it and offer booking on alternative conditions. The payment can be made in advance according to the Customer's payment details or an individual invoice can be issued according to the Customer's order/application. In case of untimely arrival or no-show, the Customer shall be refunded minus the stipulated penalties within 10 (ten) banking days, the amount of the penalty shall not exceed the cost of the declared daily stay.

 

2.1.9 Provide the Customer with his consent Additional services on a paid basis in accordance with the “Price list for Additional services in the ”ZhanaOtel" hotel. If the Executor has rendered Additional Services without the Customer's consent, the Customer has the right to refuse to pay for such services.

2.2 The Customer undertakes:

2.2.1 To familiarize himself/herself with the procedure for providing hotel services, with this Agreement, other internal regulatory documents related to the provision of hotel services.

2.2.2 To provide the accommodation service with the personal data required for settling in the Hotel, fill in the “Questionnaire/Reservation Card”.

2.2.4 To pay for the services of the Contractor in the amount, terms and order established by this Agreement and the valid Price lists as of the date of arrival.

2.2.5 To provide unhindered access of the Contractor to the place of service provision.

2.2.6. When staying at the Hotel to comply with the rules of accommodation in the Hotel, fire safety rules, rules of use of electrical appliances, this Offer Agreement.

 

 

2.2.7 Rent the hotel room in due time, pay the existing debt on the date of departure, if necessary, pay for the damage caused by incompleteness (loss of property) or damage to the property, payment shall be made in accordance with the current “ZhanaOtel” Price List for Damage Compensation”.

Check-in time in the hotel is 13.00, check-out time is 12.00

Check-out time is set at the moment of handing over the magnetic card at the accommodation service.

In case of prolongation of the stay after the estimated hour, the accommodation fee will be charged as follows:

Late check-out from 13.00 to 00.00 will be charged 50% of the daily room rate, in case of check-out later than 00.00 the fee will be charged per day.

Early check-in: in case of check-in before the estimated hour: from 06.00 to 13.00 50% of the daily room rate is paid, in case of check-in earlier than 06.00 the payment is charged per day. In this case it is considered as staying the next day.

 

In case of check-in between 22.00 and 13.00 the night tariff will be charged.

2.2.8 The Hotel is prohibited to:

- bring alcoholic beverages into the Hotel;

- staying with animals;

- staying in rooms with more people than the number of persons provided by the accommodation;

- smoking tobacco products, tobacco heating systems, electronic consumption systems and their liquids in the Hotel.

In the latter case, if the visitor (customer, client, etc.) who violated this condition is identified, a penalty of 10 000 (ten thousand) tenge is applied, which the latter must pay at the request of the Hotel within 1 working day.

2.2.9 Observe cleanliness, silence and public order in the rooms and in the Hotel.

2.2.10. Not to give the magnetic card from the Hotel room to unauthorized persons. The Customer is responsible for the actions of third parties invited to his/her room.

 

2.2.11. When leaving the Hotel room, close the windows, faucets, turn off the light, TV, close the room.

2.2.12. To agree with the terms of this Offer and internal regulatory documents of the Contractor, determining the order of accommodation, to accept the services rendered by the Contractor under this Agreement in full.

2.2.13. In case of non-arrival of the Customer, the Customer undertakes to pay for accommodation in the amount of 1 (one) day for the unused reservation in accordance with the price list valid on the date of reservation.

The Customer must notify the Hotel of the cancellation of the reservation at least 24 hours prior to the time and date of arrival specified in the order/reservation application. Otherwise, the Hotel is entitled to retain 100% of the room rate for the first day of the reservation.

Free of charge cancellation is valid if the reservation is canceled 24 hours or more before the time and date of arrival specified in the order/reservation form.

Changes, additions and/or adjustments to the terms and conditions of the order/reservation request are accepted an unlimited number of times 24 hours before the time and date of arrival specified in the order/reservation request.

Check-in time (arrival) - 13:00; Check-out time - 12:00.

Early check-in (before 13:00) can be guaranteed only in case of prior reservation and payment of the early check-in fee as follows:

• Upon arrival from 06.00 to 13.00, 50% of the daily room rate is charged, provided that the client books the next day.;

• In case of arrival earlier than 06.00, the payment is charged per day.

Payment for late check-out is charged in the following order:

• 50% of the daily room rate is charged until 00:00;

• After 00:00, the payment is charged per day.

 

2.3. The Contractor has the right to:

2.3.1. Require the Customer to provide documents confirming the accuracy of the personal data provided during the placement.

2.3.2. To refuse to place the order to the Customer:

- in case of violation of the rules of staying at the Hotel, this Agreement;

- if the client is under the influence of alcohol or drugs;

- in case of violation of public order;

- in case of violation of the terms of payment for the declared services;

- in case of refusal to agree with the terms of this Offer Agreement and the internal regulatory documents of the Hotel defining the order of stay;

2.3.4. Require the Customer to adhere to all procedures for ordering and booking hotel services strictly according to the rules posted in the Hotel lobby on the 1st floor, in other publicly accessible places and in this Agreement. Whatever actions the Customer commits, the Contractor is responsible for the proper execution of only actions and procedures performed in full compliance with these rules.

2.3.5. Require the Customer to fully agree with the terms of this Agreement and internal regulatory documents when placing an order. To refuse to provide hotel services to the Customer without agreeing to the terms of this agreement and internal regulatory documents.

2.3.6. Withhold from the Customer or demand payment according to the Price List of the full cost of services rendered or damage caused by the Customer on the terms of the Hotel. At the same time, the Customer recognizes the Contractor's actions as fully legitimate and has no complaints.

2.3.7. If the guest is absent from the place of residence for more than a day (or after 6 hours from the moment of his check-out time), the Hotel administration has the right to create a commission and evict the guest, while making an inventory of the property in the room and, if necessary, with a video recording. Tangible assets in the form of cash, precious metals, and valuable documents are taken into custody by the administration until the arrival of the guest.

2.4. The Customer has the right:

2.4.1. To receive the declared and paid services in full on the agreed terms.

2.4.2. The Customer has the right to cancel the Hotel accommodation services at any time, while being obliged to make settlements with the accommodation service on the terms of the Hotel.

2.4.3. The Customer has the right to cancel the order/request (seat reservation) at any time.

In case of late cancellation of the order / application or non-arrival, after pre-payment of the order / application, the refund is subject to penalties provided for in subparagraph 2.2.13. of this Agreement.

2.4.4. If changes are made to the order / application regarding the essential terms of the provision of services (change of the accommodation facility, start or end date of the provision of services, etc.), these changes are considered a new order / application for booking hotel services, the initial order / application is subject to cancellation. The date of modification or cancellation of the order/application is the date on which the Contractor receives the relevant written statement from the Customer. The cancellation conditions of the order/application depend on the cancellation conditions determined by the Contractor.

 

 

3. Cost of services and payment procedure

 

3.1. The cost of the Contractor's services is calculated according to the "Price List for accommodation at the “ZhanaOtel” hotel applicable at the time of acceptance of the order/request from the Customer, as well as the "Price List for Additional Services at the “ZhanaOtel” hotel.

 

4. The procedure for services provision

 

4.1. The quality of the services provided must comply with the terms of this Agreement and the requirements normally imposed on these services.

4.2. The Hotel accommodation procedure is set by the Contractor.

 

5. Responsibility of the Parties

 

5.1. For violation of the terms of the Agreement, the Parties are responsible in accordance with the legislation of the Republic of Kazakhstan.

5.2. The Contractor shall not be liable in the event of non-performance or improper performance of the services on its part or on the part of third parties resulting from the unreliability, insufficiency or untimely nature of the supporting information and documents provided by the Customer, as well as from other violations of the terms of this Offer on the part of the Customer.

5.3. The Contractor is not responsible in case of non-arrival of the Customer at the hotel on the first day of arrival and, as a result, possible non-check-in at the Hotel.

5.4. The Contractor is not responsible for non-compliance of the provided service with the expectations of the Customer and his subjective assessment.

5.5. The Contractor is not responsible for the quality of the utilities provided to the Customer.

5.6. The Contractor is not responsible for the safety of money, jewelry and valuables left or forgotten in the room and on the territory of the hotel by the Customer. In case of discovery of forgotten items, the hotel administration immediately notifies the owner of the items. If the person who has the right to claim the forgotten item or the place of his stay is unknown, the Contractor reports the discovery to the police.

5.7. The Customer represents the interests of all persons specified in the order / application and is personally responsible to the Contractor for the correctness of the information provided in the order / application about them, for the fulfillment by all persons of all obligations, including obligations to pay for the order / application and payment of a fine in case of refusal to provide hotel services (including non-arrival at the hotel).

 

6. Force majeure

 

6.1. The Parties are released from liability for partial or complete non-fulfillment of their obligations under this Agreement if their fulfillment is hindered by an extraordinary and unavoidable circumstance (force majeure) that occurred after the conclusion of this Agreement by the Parties.

6.2. If force majeure circumstances arise that prevent one of the Parties from fulfilling its obligations under this Agreement, it is obliged to notify the other Party no later than 3 (three) business days from the date of such circumstances, providing a document issued by the competent authority certifying the occurrence of force majeure circumstances. In this case, the deadline for fulfilling obligations under this Agreement is postponed in proportion to the time during which such circumstances were in effect.

 

7. Miscellaneous.

 

7.1. This Agreement comes into force from the moment the Parties begin the process of registration of the accommodation, namely:

- the Customer personally fills out a Questionnaire of the established sample (or orders hotel services in the form of reservations (oral, by phone, written, by mail, etc.);

- the Customer pays for the services provided in cash, bank transfer form or via a Pos terminal;

- issuance by the Contractor of standard documents confirming receipt of funds from the Customer.

7.2. The Customer has the right to cancel the Contractor's services at any time. The Customer's refusal entails the termination of all obligations of the Contractor to him from the moment of such refusal.

7.3. The Contractor has the right to unilaterally terminate this Agreement.

7.4. The Contractor has the right to change the terms of this Agreement, to introduce new Annexes to this Agreement without prior notice. The customer, aware of the possibility of such changes, agrees that they will be made. If the time of entry into force of the changes is not additionally specified, they will enter into force from the moment they are published on the Contractor's website: www.zhanaotel.kz  or from the moment they are signed and placed in the publicly accessible tags of the Hotel. The Customer's continued use of the Contractor's services after such changes means that the Customer agrees to them.

7.5. All disputes and disagreements that may arise in connection with this agreement will be resolved through negotiations. If disputes and disagreements are not resolved through negotiations between the Parties, they are subject to judicial resolution in the court at the Contractor's location in accordance with the legislation of the Republic of Kazakhstan, with mandatory compliance with the claims procedure. A written claim must be sent to the Contractor's postal address. The deadline for responding to the claim is 30 calendar days from the date of receipt.

 

8. Legal addresses and details of the Parties:

 

IE Fomin D.A.

 

Legal address: Republic of Kazakhstan, Mangistau region, 130000, Aktau, micro district 10, house No. 2, apartment 45.

Actual address: Republic of Kazakhstan, Mangistau region, 130000, Aktau, micro district 4, building 84, “ZhanaOtel” Hotel.

Phone: + (7292) 303-063, +7 (771) 813 32 63

E-mail: sales.zhanaotel@gmail.com; zhanaotel@mail.ru

IIN: 681110301405

Bank account: KZ686017231000004963

in JSC "Halyk Bank of Kazakhstan"

BIC(SWIFT): HSBKKZKX

 

The Hotel manager

 

___________________ Tsygan O.I.

stamp here