Aviata LLP, hereinafter referred to as the “Agent”, offers to any individual, a sole proprietor or a legal entity, hereinafter 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. The Agent’s Website – website at http://www.aviata.kz and http://www.aviata.me On the Agent’s Website, the Customers are provided, 24 hours a day and at no cost, with information necessary for entry into and execution of this Agreement, all of the Agent’s official documents are published, etc.
1.2. GDS is a global distribution system for flight tickets used by most airlines.
1.3. Reservation is preliminary booking of tickets of a certain airline for a particular destination on particular dates reserved for the Customer for a certain fee.
1.4. Ticket (passenger ticket and baggage receipt) is a travel document issued by the airline or its agent, certifying the conclusion of an agreement with stated conditions for transporting the passenger.
1.5. Low-cost airlines, discount carriers are airlines offering prices that may be several times lower compared to prices offered by their traditional rivals. Typically, these prices are made possible by the lack of free meals on board, lack of free baggage allowance, as well as a number of other restrictions published on the airline’s website. Such aircarriers are grouped in a special section on the Agent’s Website, or are marked as “low cost” on pages with search results.
2. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
2.1. The Customer is responsible for the accuracy of the entered data, i.e. the passenger data must match his/her passport data. According to international standards, if any changes need to be made to passenger data, flights have to be re-booked at prices on the day of re-booking.
2.2. Tickets are considered to be purchased by the Customer upon sending of the letter with the Ticket (itinerary) by the Agent to the Customer’s e-mail address specified during the booking.
2.3. By buying (paying for) tickets on Aviata.kz, the Customer confirms that he/she has independently studied, understood, and accepts the Fare Rules for the ticket sent to the email address specified by the Customer in English, and/or confirms that he/she was informed by the Agent in this Public Offer about the right to require explanation of the Fare Rules in Kazakh and/or Russian language before purchasing (payment for) the ticket by means of contacting customer support by sending an email request and/or calling one of the number in the Contacts section. The Customer confirms that it is at his/her discretion to contact customer support for explanation of the Fare Rules in Kazakh and/or Russian language, and agrees that, once the ticket has been paid for, all procedures related to exchange or refund shall be in strict accordance with the Fare Rules and the Customer fully agrees to the content of these Fare Rules because the Customer has confirmed his/her acceptance of the said Fare Rules.
2.4. 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, with all the oral information received from the Agent being advisory in nature and valid on the day of the inquiry.
2.5. The Customer shall by him/herself inquire what document he/she will need for the flight (internal ID card or international passport), visa requirements, entry permits, vaccinations, insurance requirements and other documents and procedures in the destination or transfer country, with all the oral information received from the Agent being advisory in nature and valid on the day of the inquiry.
2.6. If the payment in made in cash in the offices of the Agent’s partners, employees of the said offices do not have to provide advice to the Customer on any matters, as they are not employed by the Agent and their only responsibility is to accept payment for the Agent’s tickets; the Customer can get answers to any questions he/she might have by calling the Agent’s customer support using one of the methods specified in the Contacts section.
3. RIGHTS AND OBLIGATIONS OF THE AGENT
3.1. When paying for tickets with a credit card, 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 airline tickets previously purchased by the Customer.
3.2. The Agent has the right to send information messages to the Customer about the trip, such as pricing information, changes in reservation details, etc.
3.3. The Customer’s personal information (name, address, phone number, e-mail address, credit card number) is confidential and may not be disclosed to third parties, except for cases stipulated by the legislation of the Republic of Kazakhstan.
3.4. 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 airline, the actual price will appear after the passport details were entered and the message shows that tickets were successfully booked.
4. TERMS OF EXCHANGE AND REFUND
4.1 Tickets can be exchanged or returned for a refund round-the-clock in accordance with the Fare Rules set by the airline (hereinafter, the “Fare Rules”), which are attached to the letter sent to the Customer’s email specified during the booking after the Reservation was made. To ask for an exchange or a refund, you need to send a request to email@example.com from the email address specified during booking or call from the telephone number specified at the time of booking.
4.2 In case of cancellation, refund is made in strict accordance with the Fare Rules. The agency fee for ticket issuance and the additional fee for payments made in cash in the agency's partner offices are not refundable.
4.3 Tickets can be exchanged for a fee. The exchange fee for internal flights within Kazakhstan is 1,500 (one thousand five hundred) tenge, and for international flights it is 4,000 (four thousand) tenge.
4.4 Tickets are refunded for a fee. The refund fee for internal flights within Kazakhstan is 2,500 (two thousand five hundred) tenge, and for international flights, it is 4,000 (four thousand) tenge.
4.5 Forced refunds are made at no cost. The additional fee for payments made in cash in the agency's partner offices is not refundable.
4.6 To ask for a refund, the passenger must present a ticket with a flight coupon. Tickets with used flight coupons are not valid for transportation or refund. The airline accepts flight coupons for transporting the passenger and his/her luggage only in strict sequence, starting from the place of departure specified in the passenger coupon.
4.7 Tickets for flights operated by low-cost airlines are non-refundable and cannot be exchanged.
4.8 The cost of additional services, in particular, the services of subscribing to SMS-notifications of cancellations and flight delays, is not refunded upon return of the ticket.
4.9 The client can receive the return of the ticket himself in the Private Office (Personal Account) on the website located at https://aviata.kz/cabinet/#/
5. RESPONSIBILITIES OF PARTIES
5.1 Search results for the route chosen by the Customer that are displayed on the Agent’s Website are not final; the final prices appear only when the page shows for entering reservation details and are valid for that particular moment, so when “Book” is pressed, the Ticket price is recorded in the GDS provided that seats are still available in the GDS.
5.2 If the Reservation is not completed after 30 minutes, it may be changed or cancelled by the airline unilaterally before the payment is made and the ticket is issued, with the notification of the Agent through the GDS, hence the Agent is not responsible for changes in the cost of the booked flights, but the Agent shall make every effort to notify the Customer about the changes by e-mail or mobile phone number specified by the Customer at the moment of making the Reservation.
5.3 If two or more reservations are made for the same passenger on the same flight, airlines have the right to unilaterally cancel duplicate reservations at a cheaper price.
5.4 The SMS-information on cancellations and delays of flights is provided on the basis of data provided to the Agent by airlines through automatic notification channels. The agent is not responsible for the timeliness and completeness of this information.
5.5 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.
6. Other conditions
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.
6.1. The User agrees that Aviata.kz may use and process personal data of the User.
6.2. Aviata.kz uses information including:
6.3. 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.
6.4. The User shall be held liable for the accuracy of personal data provided to Aviata.kz.
7. Information messages
7.1 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.
7.2 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.
7.3 The user is notified and agrees that when using the mobile application Aviata.kz the following information is transmitted: the type of the operating system of the mobile device of the Client, the version and the application identifier, the network status, application usage statistics and other technical information.