Aviata — the ticket sales leader in Kazakhstan

according to Forbes Kazakhstan, October 2018
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Public Offer

Aviata LLP, hereinafter referred to as the “Agent” or “Dealer”, offers to any individual, a sole proprietor or a legal entity, hereinafter referred to as the “Customer”, paid online services, as well as software and other software products (hereinafter, the Services and/or Products).

In accordance with Art. 395 of the Civil Code of the Republic of Kazakhstan, this is a public offer (hereinafter – the Agreement) which is deemed to be fully and unconditionally accepted, in accordance with art. 396 of the Civil Code of the Republic of Kazakhstan, by the Customer’s explicit actions such as searching, booking and purchasing Tickets through the Agent’s system on the Agent’s Website.

1. TERMS AND DEFINITIONS

1.1 An agent is a WEB-site located at the addresses http://www.aviata.kz, http://www.aviata.me on the Internet, or the mobile application of the Agent located in official stores that are attached to the AppStore and Google Play. The agent provides the information necessary for concluding and implementing this Agreement around the clock and free of charge, all official documents of the Agent are published, etc.

1.2 Reservation is preliminary booking of railway tickets of NC KTZ JSC for a particular destination on particular dates reserved for the Customer for a certain fee. The reservation will become a ticket, therefore no errors are allowed in the reservation.

1.3 Order is a properly made request from the Customer for services selected on the Website.

2. RIGHTS AND OBLIGATIONS OF THE AGENT

2.1 The personal information provided by the Client (name, travel station, telephone number, IIN, date of birth, document number, e-mail) is confidential and is not subject to disclosure to third parties, except for cases stipulated by the Legislation of the Republic of Kazakhstan. The number and other details of the bank card are not stored on the Aviata.kz website.

2.2 Pricing information available on the website and in mobile applications until the pre-booking, as well as information in newsletters, shall not be considered a business offer. In view of the limited number of tickets for each price established by the company, the actual price will appear after the passport details have been entered and the message shows saying that tickets have been successfully booked.

3. RESPONSIBILITIES OF PARTIES

3.1 Search results with rates for the route chosen by the Customer that are displayed on the Agent’s Website are not final; the final price appears only when the page shows for entering reservation details during the booking, so when “Book” is clicked, the Ticket price is recorded in the system of NC KZT JSC for that particular passenger.

3.2 The Parties will be liable for non-performance or improper performance of their obligations under this Agreement. The Party failing to fulfil its obligations hereunder shall promptly remedy the violations and/or take measures to eliminate their effects.

3.3 The Customer shall by him/herself inquire about the baggage allowance in terms of the allowed weight, dimensions and number of items for checked and hand baggage, pet policies, with all the oral information obtained from the Agent being advisory in nature and valid on the day of the inquiry.

3.4 The Customer shall by him/herself inquire what document he/she will need for entry, visa requirements, vaccinations, insurance requirements and other permits in the destination or transfer location, with all the oral information obtained from the Agent being advisory in nature and valid on the day of the inquiry.

3.5 The client is responsible for the independent return of tickets through the Personal Office. If the ticket is refunded, it is already impossible to recover the ticket.

4. GUIDELINES FOR ISSUING E-TRAIN (RAILWAY) TICKETS

4.1 When electronic travel documents (tickets) are issued, trip details and personal details of each passenger are entered in the suggested fields. The user placing the order is fully responsible for the accuracy of trip details and personal details of each passenger. Electronic travel documents (tickets) for passenger trains can be booked maximum 45 days* and minimum 70 minutes before train’s departure from its initial departure station. Electronic travel documents (ticket) can be booked at arrival and departure stations and stations along the route.

* during the period of schedule changes, selling dates may vary.

4.2 A maximum of 4 electronic travel documents (tickets) can be included in one order with personal data of 4 passengers.

4.3 Children must be included in the same order with adults. An e-ticket cannot be issued for a child as a separate order.

4.4 In order to avoid confusion and not to miss your next train with a multiple-train route, please ensure a layover time of at least 3 hours.

4.5 Electronic travel documents (tickets) on the website cannot be booked during the maintenance period of Express system between 04:50 and 05:50 in the morning Astana time.

4.6 When booking tickets in first-class (SV), sleeper or couchette cars in Tourist, Business and Grand trains of Passazhirskiye Perevozki JSC, bed linen fee will be included in the price of electronic travel documents (tickets).

4.7 Passengers in passenger cars shall take their assigned seats in accordance with their travel documents (tickets). A person may not take a seat he/she was not assigned.

4.8 When selling travel documents (tickets) in cars (couchette, sleepers, first-class) with numbered seats, passengers purchasing two travel documents (tickets) or more shall be given an equal number of upper and lower seats.

4.9 When issuing travel documents (tickets) for the luxury electric trains, the submission of passenger documents (trains No.853/854 Karaganda - Astana, No.855/856 Karaganda - Astana, No.801/802 Astana – Pavlodar, No.807/808 Astana – Kokshetau, No.809/810 Astana – Pavlodar) shall be required.

5. ENTERING PASSENGER DETAILS

5.1 Please fill in the details of all passengers during the booking very carefully. Before paying for your order, check one more time if all the details are correct. Passenger personal data shall be consistent with information in his/her identity document.

5.2 The person placing the order is fully responsible for the accuracy of trip details and personal details of each passenger.

Please note: the passenger is allowed to board the train with a travel document (ticket) containing differences in not more than two letters in the name, surname, or patronymic with the exception of capital letters, as well as the presence or absence of a patronymic.

It is allowed to board a passenger on a train with a travel document (ticket) containing a difference of not more than two letters by surname, first name, middle name, except uppercase letters, and the presence or absence of a middle name.

6. PAYING FOR ELECTRONIC TRAIN (RAILWAY) TICKETS

6.1 Payment for electronic travel documents (tickets) is carried out with the help of Visa, Visa Electron, MasterCard of international payment systems Visa International, MasterCard International, and also through the Internet banking system Kaspi.kz.

6.1.1 6 minutes are required to pay for the order and enter the details of the bank card. If the time is exceeded, your order is canceled.

6.1.2 The payment of the order through the Internet banking system Kaspi.kz takes the time equal to the time of the existence of the armor - 10 minutes.

6.2 Security payment procedures is guaranteed by traffic encryption (SSL) tools.

6.3 In accordance with the requirements of international payment systems, 3D Secure/Secure Code technology (special technology for secure online payments) is used for greater transaction security. If your bank does not have a certificate for using this technology, your payment may be denied by the payment system. Contact your bank’s customer support in case your payment is denied.

6.4 In accordance with the requirements of 3D Secure/Secure Code technology, the issuing bank may require the Cardholder to pass additional identification. The need for and the mechanism of additional identification is determined only by the issuing bank. For more information about identification, the Cardholder should contact customer support of the bank that issued the card.

6.5 When the Customer wants to use a credit card to pay for the ticket, the Agent has the right to request a scan copy or a photo of the front side of the credit card from the Customer, where the first 6 and last 4 digits of the card number will be clearly visible, as well as a copy of the identity document. If the Customer refuses to provide the said items, the Agent has the right to refuse service and cancel tickets previously purchased by the Customer.

7. RECEIVING TRAVEL DOCUMENTS (TICKETS)

7.1 Once the payment for the electronic ticket has been made, an electronic travel document (ticket) is issued containing the order number (8 digits) and e-ticket number (14 digits). If the order is placed for 2-4 passengers, the first passenger’s order and e-ticket numbers will be the same.

7.2 The user who is booking electronic travel documents (tickets) acts on behalf of all the passengers included in the order, therefore, all passengers in the order will be considered to have been informed about the conditions of seating and transfer by train.

7.3 Make sure you have a hard copy of your electronic travel document (ticket) with you printed on an A4 size paper. You will need to show your printed electronic document (ticket) at a ticket office at one of the train stations of the Republic of Kazakhstan to obtain your travel document (ticket) on the standard NC KZT JSC letterhead.

7.4 At the ticket office you can get travel documents for the entire order or for certain electronic tickets in the order.

7.5 Use a self-service terminal to get travel documents for the entire order.

7.6 You cannot change passenger personal data when you get your travel documents from a ticket office or a self-service terminal.

8. TRAVELLING WITH CHILDREN

8.1 Travel rules for children in the Republic of Kazakhstan are set out in Chapter 6 of the Rules for Transporting Passengers, Baggage and Freight by Rail of the Republic of Kazakhstan adopted by the Resolution No. 799 of July 14, 2011 of the Government of the Republic of Kazakhstan. Paragraphs 76, 77 of the Rules provide as follows.

8.2 A passenger who is a parent, adoptive parent, guardian, caregiver, fosterer parent or other person providing care and protection of the child’s rights and interests in accordance with the laws of the Republic of Kazakhstan on marriage and family, contingent on having the following documents:

8.2.1 Can take one child aged 7 years or younger at no cost, if he/she travels without a dedicated seat. Children who are older than 7 years will need a child travel document (ticket). If a passenger travels with several children aged 7 years or younger, child tickets will have to be purchased for all but one children.

8.2.2 Can take children aged between 7 and 15 years who will need to have travel documents (tickets).

8.3 Child rates for children aged between 7 and 15 years in NC KZT JSC trains on routes within Kazakhstan are 50% of the rates for adult passengers.

8.4 Children aged 15 years or older need to purchase the same travel documents (tickets) as adults. Children aged 15 years or older can travel unaccompanied.

8.5 The child’s age is determined on the first day of the trip.

8.6 In all cases, documented proof of the child’s age is required. A passenger who is not a legal representative of the child must have an authorization to accompany the child (power of attorney). When boarding the train, a passenger who is not a legal representative of a minor child, has the right not to submit a notarised document for the right to accompany the minor child on the trip, issued on behalf of the child’s legal representative (power of attorney) in the case of the personal attendance of the child’s legal representative when boarding a passenger train.

8.7 When e-ticket is purchased by passengers with children under the age of 7 with registration without a seat, children are boarded on the seats of accompanying persons, in case of accompanying persons e-tickets return children are not permitted to board without registration of an additional order.

9. BOARDING A TRAIN

9.1 If the passenger’s name and the name in the electronic travel document don’t match, or in case of a changed (corrected) name in the electronic travel document (ticket), the passenger will not be allowed to board the train. Such travel documents (tickets) cannot be returned for a refund.

9.2 Electronic travel documents (tickets) are non-transferrable and valid only if proper identification documents are shown. Electronic travel documents (tickets) cannot be resold.

9.3 Boarding of passengers on trains formed from the cars Tulpar - Talgo shall be stopped after the automatic door closing 5 minutes prior to the train departure.

9.4 In case of detection of an unregistered person by the authorised persons of the carrier, the unregistered person shall be charged a fee in favour of the carrier in the amount of ten times fare for the distance passed from the boarding station to the station with an operating booking office, and where the passenger will be forced to get off the train. Formerly, a fare evader has been forced to get off the train at the first tariff station with a booking office, where a fee in the amount of the carrier fare has been charged.

10. RETURN OF THE SEAT OF THE ELECTRONIC TRAVEL DOCUMENT (TICKET) AND OF THE RECEIVABLES

10.1 A return is possible as a whole order, and a specific electronic ticket from the order.

10.2 Applications for the return of railway tickets are processed 24 hours every day.

10.3 For the return of electronic railway tickets through the site, the following conditions must be met:

10.3.1 Provide an electronic railway ticket to the agent.

10.3.2 Prior to departure of the train from the station of composition formation * ¹, it must be more than 1 hour. :

The client can issue a refund of the ticket on the website located at https://aviata.kz/railways/refunds/init/ and in mobile applications.

Write a letter to the e-mail rw@aviata.kz with the subject of the letter "Return of the ticket" from the e-mail that the client specified when booking railway tickets. In the letter it is necessary to indicate the number of the order and the full name of the passenger, the ticket for which must be returned.

An application for the return of the railway tickets can be submitted by phone in case the call is made from the phone number specified in the order. It is necessary to verbally confirm the application for the return of the railway ticket, dictate the order number and the full name of the person (s) whose ticket (s) to return.

Return of funds is made by LLP "Aviata" to the person who paid the railway ticket, in accordance with the way in which the purchase of the railway ticket was made. Return of money for railway tickets in cash is not possible.

* ¹ Station of the formation (departure) of the train - station with which the initial departure of the convoy is made. For example, a ticket for the train Karaganda-Astana to Almaty 2-Astana train will be purchased, the station of formation (departure) of the train will be Almaty 2 station, and the passenger landing station will be the station of Karaganda.

10.4 The return of the electronic railway ticket is possible at other return points. To do this you need:

To apply to any railway cash desk in the territory of Kazakhstan equipped with the terminal equipment of the ACS Express-3, or the Modernized Fiscal Ticketing and Cash Center (MFBKK), or the Fiscal Ticketing and Cashier Complex (FBCC), present an electronic travel document (ticket) and a document certifying personality (necessarily the one indicated in the e-ticket). The cashier makes a return. The result of his actions is a return document submitted to the passenger * ².

The passenger should provide the received document of return of a place to the Internet site (the name of the LLP) as follows: (on whatsapp, by mail and etc).

The received document of return of a place is sent by responsible representatives of the Internet site to the Commission of Risk for consideration, the term of consideration is 15 working days. In the case of a positive consideration of the document of the return of the seat, money would be transferred to the passenger. In case of negative consideration of the document, the passenger receives a reasoned refusal.

10.5 The conditions for the return of a railway ticket through the site are not met if:

10.5.1 An electronic ticket was exchanged for a strict form (SSR) via a TTS (self-service transactional terminal).

10.5.2 Before departure from the train station * 1 less than 1 hour.

In this case, the return is made according to the following conditions:

Return of a place and money resources in urgent order:

Apply to any railway cash desk on the territory of Kazakhstan equipped with the terminal equipment of the ACS Express-3, or the Modernized Fiscal Ticketing and Cash Center (MFBKK), or the Fiscal Ticketing and Cashier Complex (FBCC), present an electronic travel document (ticket) and a document certifying personality (necessarily the one indicated in the e-ticket). The cashier makes a return. The result of his actions is a return document presented to the passenger with a note "for claims".

Then, within 30 minutes - 24 hours from the moment of departure of the train from the station of the passenger indicated in the railway ticket, re-apply to the cashier on the territory of the passenger departure station to complete the "return of place" operation

The passenger must present the cashier a refund document * ² with a note "after the claim". In exchange, the cashier will provide an updated return document that contains the inscription "Information: return to the payer card"

In order to receive funds, it is necessary to send the received document to "Aviata" LLP by e-mail: rw@aviata.kz

LLP "Aviata" receives the received return of the place to the Risk Commission for consideration, the processing time is 15 working days. In the case of a positive consideration of the document of the return of the seat, money would be transferred to the passenger. In case of negative consideration of the document, the passenger receives a reasoned refusal.

Return of the place and money in the established order

To apply to any railway cash register in the territory of the Republic of Kazakhstan, equipped with the terminal equipment of the ACS Express-3, or by the Modernized Fiscal Ticket and Cash Center (MFBKK) or the Fiscal Ticket and Cash Center (FBCC), to present an electronic travel document (ticket) Identity card (necessarily the one indicated in the electronic ticket). The cashier makes a return. The result of his actions is a document of return * ² given to the passenger with a note "on claim". The passenger needs to write an application of the established format in the name of the vice-president for finance of JSC "Passenger transportation". The application with the accompanying documents is sent by the passenger to the JSC "Passenger transportation". The period for claim-based refunds is 30 days. In other cases, the return of the seat fees of the unused electronic travel documents (tickets) shall be made through the booking office of JSC "Pssenger Transfers". Refund shall be made using the complaint procedure only at the request of the passenger.

Appeal in a claim procedure from users are accepted on application. Link to download the application from users on the site: https://epay.railways.kz filled in application form you can send:

1. By mail the address: Astana, st. Goethe 11 - regional branch for passenger transportation "Severny" (phone 8-717-2-93-23-89, 93-27-06);

2. Almaty: Tobayakova 2 / 1- regional branch for passenger transportation "Yuzhny" (phone: 8-727-2-96-16-68, 96-11-41, 96-12-98);

3. Aktobe city: Station 11 V, regional branch for passenger transportation "Zapadniy" (phone 8-713-2-97-64-24, 97-60-22).

4. By e-mail: PP_kz@bk.ru;

5. Tel / fax: to number: 8 (7172) 600-193. Also on the issue of receipt of your application, please specify by phone number: 600-117.

The money is refunded according to the terms established by JSC "Passenger transportation". According to paragraph 1 of Article 91 of the Law of the Republic of Kazakhstan "On Rail Transport": The claim is subject to review within a month from the date it was received.

* ² There are the following documents for the return of the site: a receipt of different charges (RNC), an electronic supporting document (EDS), an electronic receipt of different fees (ECCD)

10.6 Penalties for returning electronic railway tickets

10.6.1 When unused electronic travel documents (tickets) are returned, the following amounts are to be refunded:

- at least 24 hours before departure - fare consisting of the ticket cost and the car fee;

- less than 24 hours more than 6 hours before departure – ticket cost and 50% of the car fee;

- less than 6 hours before departure but not more than 3 hours after departure from the passenger’s boarding station – ticket cost. The car fee is not refunded

10.6.2 When returning to a ticket office unused travel documents (tickets) for trains consisting exclusively of coach cars:

- at least 24 hours before departure – you get the full fare;

- less than 24 hours but more than 6 hours before departure – you get 50% of the fare;

- less than 6 hours prior to and after the departure – the fare is non-refundable.

10.7 In case of return of the unused travel document more than 1 hour after the departure of the train, the fare shall not be returned, only the seat fee shall be returned.

10.8 The return of travel documents (tickets) 1 hour before the departure of the train and after the departure of the train from the station indicated in the travel document (ticket) is made only at the departure station indicated by the travel document (ticket).

10.9 When issuing the return of the railway ticket, the Agent's commission is not returned.

10.10 A service fee is 235 (Two hundred and thirty-five) tenge.

10.11 Claims for refund

You need to file a claim for a refund. A blank form is available at https://epay.railways.kz, please send a filled form to:

    • 1. By mail: Astana, 11 Goethe St. – Severny regional branch for passenger transport (tel. 8-717-2-93-23-89, 93-27-06);
    • 2. Almaty: 2/1 Tobayakova St. – Yuzhny regional branch for passenger transport (tel. 8-727-2-96-16-68, 96-11-41, 96-12-98);
    • 3. Aktobe: 11 B Stantsionnaya St., Zapadny regional branch for passenger transport (Tel. 8-713-2-97-64-24, 97-60-22).
    • 4. By e-mail: PP_kz@bk.ru;
    • 5. By tel./fax: 8 (7172) 600-193 You can call 600-117 to check the status of your claim.

11. Other conditions

11.1 The User agrees that making purchases on the site Aviata.kz, he/she shares his/her personal information and letters and messages may be sent to his/her email address, including advertising.

11.2 The User agrees that Aviata.kz may use and process personal data of the User.

11.3 Aviata.kz uses information including:

  • to perform its obligations to the User;

11.4 Aviata.kz undertakes not to disclose the information received from the User. The provision of information by Aviata.kz to agents and third parties acting on the basis of a contract with Aviata.kz for the fulfullment of obligations to the User, shall not be considered to be a violation. The disclosure of information in accordance with the valid and applicable legal requirements shall not be considered to be a breach of obligations. Aviata.kz may use ’cookies’ technology. Cookies do not contain confidential information and shall not be transferred to third parties. Aviata.kz shall retrieve information about the IP-address of the site visitors. This information shall not be used for identification of the User, save for the fraudulent acts of the User.

11.5 The User shall be held liable for the accuracy of personal data provided to Aviata.kz.

11.6 The User shall give his/her consent to receive updated information on the activities of the company Aviata.kz, information messages with advertising and promotional offers and announcements about the sale, as well as information about news and offers from partners of Aviata.kz through SMS and email.

11.7 The User shall give his/her consent to the recording of telephone conversations to improve the quality of service and confirm the oral statements of the User, to keep passport data of passengers for the convenience of subsequent purchases.