Privacy policy
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Privacy policy
PERSONAL DATA PROCESSING POLICY
1. This Personal Data Processing Policy (hereinafter referred to as the “Policy”) governs the legal relations concerning the processing of personal data between Individual Entrepreneur Damirbekova Diana Damirbekovna, Tax Identification Number (TIN) 10711199100333, legal address: 71 M. Ryskulova Street, Leninskiy District, Bishkek, Kyrgyz Republic (hereinafter referred to as the “Company”), and the user of the website https://urbanhotelethno.com/ (hereinafter referred to as the “User”).
2. The term “User” means a legally capable individual who has reached the age of 18 and wishes to order the Company’s services, leave a comment, register on the website or perform other actions provided for by the functionality of the Company’s Internet resource.
3. The term “Website” or “Company’s Internet Resource” means the website https://urbanhotelethno.com/, including all levels of domain names belonging to the Company.
4. The term “personal data” means any information relating directly or indirectly to an identified or identifiable individual (citizen).
5. The term “processing of personal data” means any action (operation), or set of actions (operations), performed with personal data, whether or not using automated means. Such actions (operations) may include: collection, receipt, recording, systematisation, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (dissemination, provision, access), anonymisation, blocking, deletion and destruction of personal data.
6. This Policy establishes the procedure for processing the personal data of users of the website https://urbanhotelethno.com/ (hereinafter referred to as the “Website”), the conditions and principles for processing personal data, the rights of Users and the obligations of the Company, as well as information concerning the measures implemented to protect the personal data being processed.
7. This Policy applies to all personal data received by the Company from Users.
8. The User accepts this Policy by entering their name, telephone number and, where necessary, email address in the relevant field on the Website when submitting a request for consultation, making a booking, placing an order or performing other actions provided for by the Website’s functionality, followed by clicking the “Submit”, “Request Consultation” or other relevant button.
9. If the User does not agree with the terms of this Policy, the User must immediately cease any use of the Website.
10. When using the functionality of the Website, the User may provide the Company with the following personal data (the list and types of personal data depend on the specific functionality of the Internet resource used by the User): surname, first name, email address, contact telephone number and user identification data (User ID).
11. By providing their personal data, the User consents to its processing (until the User withdraws their consent to the processing of personal data), including collection, storage, anonymisation and transfer to third parties in the cases provided for by this Policy, by the Company for the purposes of providing the User with advertising and reference information, services in accordance with the functionality of the Website and for other purposes specified in Clause 8 of this Policy.
When processing personal data, the Company is guided by the Law of the Kyrgyz Republic No. 58 of 14 April 2008 “On Information of a Personal Nature”, taking into account the provisions of the General Data Protection Regulation (GDPR) of the European Union of 11 April 2016, other legislative acts of the Kyrgyz Republic and local regulatory legal acts.
12. The User’s consent to the processing of personal data shall remain valid from the date on which such consent is provided until the purposes of processing have been achieved or until the User withdraws their consent, unless otherwise provided by applicable law.
13. The User may withdraw their consent provided to the Company at any time in accordance with the procedure established by this Policy.
14. If the User wishes to correct their personal data where such data is incomplete, inaccurate or outdated, or wishes to withdraw their consent to the processing of personal data, the User must send an official request to the Company with the subject line “Correct Personal Data” or “Cease Processing of Personal Data” to urbanhotel104@gmail.com. The email must include the User’s email address and the relevant request.
15. The Company uses the data provided by the User for the following purposes:
registration and identification of the User on the Website and enabling the User to make full use of the Website;
further communication regarding the User’s request, including communication by third parties — the Company’s partners — for the purpose of fulfilling obligations related to the User’s request;
providing consultations regarding the services provided by the Company;
creating an account and providing access to the User’s account on partner websites;
sending informational messages;
advertising and promotion of goods, works and services, including on the basis of information obtained regarding the User’s personal preferences and settings;
evaluating and analysing the operation of the Company’s Website;
analysing the effectiveness of advertising placement and conducting statistical research based on anonymised information provided by the User;
informing the User about promotions, discounts and special offers by email and telephone;
conducting marketing research, including with the involvement of third parties as contractors or consultants;
communicating with partner banks regarding the provision of loans to the User and/or agreement of lending terms.
16. The Company does not verify the data provided or specified by the User. Accordingly, the Company assumes that, when providing personal data, the User:
is a legally capable person. If the person using the Website is legally incapable, consent to the processing of personal data shall be provided by their legal representative;
provides accurate information about themselves (or about the legally incapable person they represent);
independently keeps the personal data provided up to date;
understands that information posted on the Website by the User may become available to other persons and may be copied or distributed by such users in the cases provided for by this Policy.
17. The Company processes personal data on the basis of the following principles:
lawfulness;
limiting the processing of personal data to the achievement of specific, predetermined and legitimate purposes;
preventing the processing of personal data that is incompatible with the purposes for which the data received from the User was collected and/or stored;
ensuring that the content and volume of the personal data processed correspond to the purposes of processing;
preventing the processing of data that is excessive in relation to the purposes of processing;
ensuring the accuracy, sufficiency and relevance of personal data in relation to the purposes of processing;
destruction or anonymisation of personal data in order to prevent its disclosure once the purposes of processing have been achieved, the need for such processing has ceased, or upon receipt from the User of a request for destruction of personal data or withdrawal of consent to its processing.
18. When processing personal data, the Company takes the necessary and sufficient organisational and technical measures to protect personal data against unlawful access and other unlawful actions concerning personal data.
19. The processing of Users’ personal data by the Company is carried out taking into account the following:
20. The processing of Users’ personal data is carried out using databases located within the territory of the Kyrgyz Republic.
21. Personal data is processed both by automated means and without the use of automated means.
22. The Company undertakes not to transfer information received from the User to third parties, except in the cases expressly specified in this Policy.
23. Where necessary, the transfer of Users’ personal data to third parties — the Company’s partners — shall be carried out on the basis of the Users’ consent for the purpose of fulfilling obligations towards the Users.
24. The Company and, where necessary, third parties — the Company’s partners — undertake to keep personal data confidential and not to disclose or distribute personal data without the User’s consent, unless otherwise provided by applicable law and/or this Policy.
25. Users’ personal data is stored on electronic media and, for the purposes of fulfilling obligations towards Users, may be stored on physical media after the personal data has been extracted.
26. Personal data is stored for the period objectively necessary to fulfil obligations towards Users and is determined by the following events, depending on which occurs first:
until the User deletes the personal data through their personal account;
until the Company destroys the personal data following receipt from the User of a request for destruction of the personal data or withdrawal of consent to its processing;
until the expiry of the User’s consent.
27. The Company has the right to retain the User’s personal data in anonymised form, except where a request for destruction of the data or withdrawal of consent to its processing has been received, after fulfilling its obligations towards the User for the purposes specified in Clause 8.7 of this Policy.
28. Where it is necessary to transfer Users’ personal data to third parties — the Company’s partners — in cases expressly provided for by this Policy, such transfer shall be carried out subject to the following conditions:
29. The third party — the Company’s partner — shall ensure the confidentiality of personal data during its processing and use and undertake not to disclose the data to other persons or distribute Users’ personal data without their consent;
the third party — the Company’s partner — guarantees compliance with the following measures to ensure the security of personal data during its processing: use of information security measures;
detection and recording of instances of unauthorised access to personal data and taking measures to restore personal data; restriction of access to personal data;
monitoring and assessment of the effectiveness of the measures applied to ensure the security of personal data and other measures provided for by law;
the third party — the Company’s partner — is prohibited from transferring or distributing Users’ personal data.
30. The transfer of information in accordance with justified and applicable requirements of the legislation of the Kyrgyz Republic shall not constitute a breach of the obligations established by this Policy.
Nor shall it constitute a breach for the Company to provide information to partners acting under an agreement with the Company for the purpose of fulfilling obligations towards the User, or for the Company to transfer anonymised data about the User to third parties for the purposes of evaluating and analysing the operation of the Company’s Website, providing personalised recommendations, displaying advertisements based on the User’s personal preferences and settings, and conducting marketing, analytical and/or statistical research.
31. The Company has the right to use “cookies”. Cookies are data automatically transmitted to the Company during the use of the Website through software installed on the User’s device, including the IP address, geographical location, information about the browser and type of operating system of the User’s device, technical characteristics of the hardware and software used by the User, and the date and time of access to the Website.
32. Cookie files do not contain confidential information. Cookies are used to remember the User’s preferences and settings and to collect analytical data about visits to the Website.
Use of the Website means that the User agrees to the use of all cookies and analytical data concerning visits to the Website, as well as their transfer to third parties.
33. The Company receives information about the User’s IP address and information about the website from which the User accessed the Website via a link. This information is not used to identify the visitor.
34. The User has the right to receive information from the Company concerning the processing of their personal data. The Company shall provide the User or their representative, free of charge, with the opportunity to access personal data relating to the User.
35. If incomplete, inaccurate or outdated information is identified, the Company shall, on the basis of information provided by the User, make the necessary changes to the User’s personal data within a period not exceeding 7 (seven) working days and notify the User of the changes made.
36. If the User or their representative provides the Company with confirmation that their personal data was unlawfully obtained or processed, or that actions involving their personal data do not correspond to the purposes of processing, the Company shall destroy such personal data within a period not exceeding 7 (seven) working days and notify the User of the measures taken.
37. The Company undertakes to cease processing the User’s personal data or ensure that processing by a third party — the Company’s partner — is ceased in the event of:
unlawful processing of the User’s personal data being identified or the User withdrawing their consent to the processing of their personal data;
receipt of a request from the User for destruction of the personal data;
achievement of the purpose of processing the personal data.
Upon the occurrence of any of the above circumstances, the Company shall cease processing the personal data and ensure its destruction within a period not exceeding 30 (thirty) days, unless a different period is established by law.
38. If it is impossible to destroy the User’s personal data within the specified period, the Company shall block the User’s personal data and ensure its destruction within the period established by law, but not exceeding 6 (six) months.
39. The Company independently determines the list of third parties — the Company’s Partners — and communicates such list to Users by any available means, including by publishing it on the Website.
40. The Company has the right to amend this Policy at any time. The current version of the Policy shall be published on the Website.
41. Continued use of the Website or its services after publication of a new version of the Policy constitutes the User’s acceptance of the Policy and its terms.
42. If the User does not agree with the terms of the Policy, the User must immediately cease using the Website and its services.
43. All questions concerning this Policy and/or the processing of personal data should be sent to the Company’s email address: urbanhotel104@gmail.com.
44. Company Details
Individual Entrepreneur Damirbekova Diana Damirbekovna (Urban Hotel Ethno)
TIN: 10711199100333
OKPO: 32032042
Legal address: 71 M. Ryskulova Street, Leninskiy District, Bishkek, 720011, Kyrgyz Republic
Actual address: 104 Gorky Street, Bishkek, 720000, Kyrgyz Republic
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Public offer agreement for the provision of hotel services
PUBLIC CONTRACT FOR THE PAID PROVISION OF HOTEL SERVICES
Individual Entrepreneur Damirbekova Diana Damirbekovna – URBAN ETHNO HOTEL**, hereinafter referred to as the “Service Provider”, represented by General Director Damirbekova Diana Damirbekovna, acting pursuant to Certificate No. 002-2023-169-2386 dated 18 August 2023, hereby enters into this Public Contract for the Paid Provision of Services (hereinafter referred to as the “Contract”) with any individual, hereinafter referred to as the “Customer”.
This Contract constitutes an agreement for the paid provision of hotel services by the Service Provider through the website https://urbanhotelethno.com/, concluded by way of a public offer, and governs the procedure for providing such services and the obligations of the Parties.
The text of this Contract is published by the Service Provider on the Internet at: https://urbanhotelethno.com/. Pursuant to Part 2 of Article 398 of the Civil Code of the Kyrgyz Republic, the Parties have entered into this Contract as follows:
1. Subject Matter of the Contract
1.1. Under this Contract, the Service Provider undertakes to provide hotel services, subject to room availability at the Hotel, and the Customer undertakes to accept and pay for the hotel services.
1.2. Services may be booked through the Service Provider’s website: https://urbanhotelethno.com/.
1.3. The following terms and abbreviations are used in this Contract:
1.3.1. Website – the website available on the Internet at https://urbanhotelethno.com/.
1.3.2. Personal Account – a set of protected pages of the Website created as a result of the Customer’s registration and accessible upon entering the Customer’s authentication details (email address and password) in the relevant fields on the Website.
1.3.3. Invoice – an invoice, tax invoice, price agreement invoice, or other similar document determining the cost of the services and, where necessary, the payment procedure. All terms and definitions used in this Contract apply equally to the singular and plural forms, depending on the context.
1.3.4. The Customer may use the services ordered and paid for in full in accordance with the terms of the Contract throughout the entire period specified on the Website.
1.3.5. Under this Contract, the Service Provider does not provide the Customer with individual consultations unrelated to the subject matter of the Contract.
2. Procedure for Concluding the Contract and Providing Access
2.1. This Contract is a public contract under which the Service Provider undertakes to provide services to an unlimited number of persons (Customers) who request such services.
2.2. Publication of this Contract on the Website constitutes a public offer by the Service Provider addressed to an unlimited number of persons to enter into this Contract (Clause 1 of Article 386 and Clause 2 of Article 398 of the Civil Code of the Kyrgyz Republic).
This Contract is concluded by the Customer’s accession to this Contract, i.e. by the Customer’s acceptance of all terms of this Contract in full, without any conditions, exclusions or reservations (Article 387 of the Civil Code of the Kyrgyz Republic).
2.3. Payment by the Customer for the services ordered by the Customer in accordance with the procedure and terms established by this Contract constitutes acceptance of the terms of this Contract.
If the Customer pays for the ordered services using credit funds provided by the relevant bank, acceptance of the terms of this Contract shall be deemed to occur upon the Customer entering into the relevant agreement with the bank for payment of the Service Provider’s services (Clause 3 of Article 399 of the Civil Code of the Kyrgyz Republic).
2.4. By accepting this public offer in accordance with the procedure established by this Contract, the Customer agrees to all terms of the Contract as set out herein and, pursuant to the Civil Code of the Kyrgyz Republic, is deemed to have entered into a contractual relationship with the Service Provider under this Contract.
Pursuant to Clauses 2 and 3 of Article 395 and Clause 3 of Article 399 of the Civil Code of the Kyrgyz Republic, this Contract shall be deemed concluded by the Parties in writing.
2.5. Following completion of the actions specified in Clause 2.4 of the Contract, the Service Provider shall provide the Customer with the services ordered and paid for in full and on the agreed terms.
3. Rights and Obligations of the Parties3.1. The Service Provider shall:
3.1.1. Provide the Customer on the website https://urbanhotelethno.com/ with the necessary information about the Hotel and its services, as well as instructions for placing and paying for an Order.
3.1.2. Provide the Customer with information support regarding the provision of services and/or operation of the Website on working days from 09:00 to 18:00 (until 17:00 on Fridays and on working days with reduced working hours in accordance with the legislation of the Kyrgyz Republic).
3.1.3. Support-related enquiries shall be sent by the Customer to: urbanhotel104@gmail.com.
3.1.4. If errors or defects in the operation of the Website caused by the Service Provider or through its fault are identified, correct such errors or defects using its own resources and at its own expense.
3.1.5. Refund payments made by the Customer in the cases and under the conditions provided for by this Contract.
3.2. The Service Provider shall have the right to:
3.2.1. Amend the terms of this Contract and introduce new terms or annexes to this Contract without prior notice to the Customer.
3.2.2. Engage third parties to perform this Contract without the Customer’s consent.
3.2.3. Request from the Customer information and documents necessary for the proper performance of obligations under this Contract.
3.2.4. Change the cost of services under the Contract by publishing the current prices on the Website.
3.2.5. Temporarily suspend operation of the Website for necessary scheduled maintenance and repair works on the Service Provider’s technical resources.
3.2.6. Replace third parties engaged to perform obligations under the Contract.
3.3. The Customer shall:
3.3.1. Pay for the services within the time limits and under the conditions established by the Contract and agreed in invoices and/or through messages in the Personal Account.
3.3.2. Provide complete and accurate information required for the provision of services in a timely manner, including during registration on the Website.
3.3.3. Use the functionality of the Website and access thereto solely for personal or other non-commercial purposes.
3.3.4. Keep the login and password to the Personal Account confidential and not disclose access details to third parties.
3.3.5. Immediately notify the Service Provider of any unauthorised access to the Personal Account.
3.3.6. Not post on the Website or third-party resources the personal data of other persons, including their Personal Account access details, and not use or attempt to obtain the personal data of other users.
3.3.7. Not register as a user on behalf of or in place of another person, or register a group (association) of persons or a legal entity/individual entrepreneur as such a user.
3.3.8. Not use software or take actions intended to disrupt the normal operation of the Website; not upload, store, publish, distribute or otherwise make available or use viruses, Trojan horses or other malicious software; and not use automated scripts (programmes) to collect information from the Website without the Service Provider’s written permission.
3.4. The Customer shall have the right to:
3.4.1. Access the Personal Account after fulfilling the conditions for access set out in Article 2 of the Contract.
3.4.2. Receive information support on matters relating to the procedure for providing services and the operation of the Website throughout the term of this Contract.
3.4.3. Use access to the Personal Account solely for non-commercial purposes.
3.4.4. Submit to the Service Provider comments, suggestions and/or reviews relating to the subject matter of this Contract and/or the operation of the Website or Personal Account.
4. Cost of Services and Payment Procedure
4.1. The cost of the Service Provider’s Services shall be determined based on the price of the product/service stated on https://urbanhotelethno.com/ or agreed in the Invoice, in Kyrgyzstani soms.
4.2. The Customer shall pay the cost of the Service Provider’s services by making a one-off 100% advance payment by transferring funds to the Service Provider’s bank account, unless other terms are specified in the invoice issued to the Customer.
4.3. The payment date shall be the date on which the funds are credited to the Service Provider’s bank account.
4.4. Payment for the Services shall be made by the Customer to the Service Provider by transferring the relevant amount using payment methods supported by the Service Provider.
The Service Provider shall have the right to determine the list of such payment methods at its own discretion and shall communicate the current list to the Customer by publishing it on the Website or by other means.
Detailed rules for payment and refunds are set out in Annex No. 1 to this Contract.
4.5. The Customer may pay for the Service Provider’s Services using credit funds that may be provided to the Customer by the relevant bank (hereinafter referred to as the “Credit”).
4.6. The Parties acknowledge and agree that this Contract is not a credit agreement, the Service Provider is not a lender and does not assume any corresponding obligations towards the Customer.
The Customer acknowledges and agrees that the Credit is provided to the Customer under the terms established by the relevant bank. The Service Provider shall not be responsible for the terms on which the bank provides the Customer with the Credit, including the amount and payment of interest for the use of the Credit, or for the bank’s refusal to provide the Credit.
The Customer shall independently fulfil all obligations towards the bank arising from the provision of the Credit.
4.7. The date of provision of the Services/product shall be deemed to be the date on which the relevant service/product is provided to the Customer. Accordingly, the Services/product shall be deemed provided to the Customer.
5. Liability of the Parties. Limitation of Liability
5.1. In the event of a breach of the Contract by the Customer, the Customer shall, upon the Service Provider’s written demand and without recourse to court, pay a penalty of __________________________ Kyrgyzstani soms for each breach.
5.2. In the event of a breach by the Customer of the terms of this Contract, the Service Provider shall have the right to deactivate the Customer’s access to the Personal Account and block the Customer’s access to the Website without refunding any amounts paid.
5.3. The Customer shall pay the penalty within 15 (fifteen) calendar days from the date of receipt of the Service Provider’s claim (notice).
5.4. The Service Provider shall not be liable for:
5.4.1. the content of information posted in messenger chats (WhatsApp, Viber, Telegram) created at the initiative of users, including the Customer;
5.4.2. the use by third parties of personal data disclosed by the Customer in such chats;
5.4.3. the quality of the Internet connection or the operation of the Customer’s equipment and software;
5.4.4. the failure of the technical specifications of the Customer’s equipment to meet the requirements for reproducing Course materials, where such requirements have been established;
5.4.5. any discrepancy between the Services provided under the Contract and the Customer’s expectations. The Customer’s subjective assessment shall not constitute an objective criterion for the quality of the Services;
5.4.6. errors or inaccuracies made by the Customer when using the Website’s functionality, including, but not limited to, incorrect information entered when placing an order for a service or other similar circumstances;
5.4.7. the use (or inability to use) by the Customer of the payment method selected by the Customer under the Contract, or any consequences arising from such use (or inability to use);
5.4.8. acts or omissions of banks or third parties involved in payment transactions or refunds in the cases provided for.
5.4.9. The Service Provider shall make all reasonable efforts to prevent failures and malfunctions in the operation of the Website; however, it does not guarantee uninterrupted operation and shall not be liable for or compensate losses arising, or potentially arising, from technical failures or interruptions in the operation of the Internet service provider, other persons or services, restrictions on access to the Internet or Internet resource for any reason, the Customer’s failure to safeguard access credentials to the Personal Account, or other circumstances beyond the Service Provider’s control.
5.4.10. Neither Party shall be liable for total or partial failure to perform its obligations if such failure results from force majeure circumstances, including but not limited to fire, flood, earthquake and other natural disasters, strikes, war and military action, epidemics, pandemics or other circumstances beyond the control of the Parties that prevent performance of this Contract and arise after its conclusion.
5.4.11. If the Customer fails to perform or improperly performs its obligations under the Contract, including the obligations specified in Clause 4.2 of the Contract, the Service Provider shall have the right to terminate this Contract by unilateral out-of-court refusal to perform it by sending an electronic notice of such refusal to the email address to which the Service Provider previously sent the access details to the Course.
This Contract shall terminate on the date on which the Service Provider sends the relevant notice or on the date specified in such notice, and access to the Course materials shall be deactivated within the same period.
6. Intellectual Property. Confidentiality
6.1. As part of the provision of Services by the Service Provider to the Customer, the Customer is granted access to intellectual property belonging to the Service Provider and/or third parties with whom the Service Provider has entered into relevant contracts/agreements (hereinafter referred to as “Intellectual Property”).
Intellectual Property includes the results of the intellectual activities of the Service Provider and/or third parties, including, but not limited to, audiovisual materials, computer programmes, LMS (learning management system), methodological and/or reference materials, assignments and information resources.
6.2. With respect to Intellectual Property, the Customer shall:
6.2.1. refrain from any actions that infringe the rights of the Service Provider and/or third parties in Intellectual Property, including, in particular, copying, recording, reproducing, duplicating, distributing in any form, modifying or using any Intellectual Property to create derivative works without the Service Provider’s written permission;
6.2.2. immediately notify the Service Provider of any known facts concerning infringement of the intellectual property rights of the Service Provider and/or third parties;
6.2.3. not provide third parties with authentication details for access to the Customer’s account or Personal Account on the Website.
In the event of loss of such details or unlawful access by third parties to the login and password, the Customer shall immediately notify the Service Provider by sending a notice to: urbanhotel104@gmail.com.
Until such notice is sent, all actions shall be deemed to have been performed by the Customer.
6.2.4. Confidential information shall include any information relating to the process of providing services by the Service Provider that has not been published by the Service Provider in the public domain and is not generally available.
The Customer undertakes not to disclose confidential information or other data provided by the Service Provider in the course of providing services (except publicly available information) to third parties without the Service Provider’s prior written consent.
6.2.5. The Service Provider shall have the right to use in its marketing and/or advertising materials materials created by the Customer while studying the Course materials and to mention the Customer as a user of the Software and as a client.
7. Miscellaneous
7.1. The Customer confirms that they have legal capacity and have reached the age required under the legislation of the Kyrgyz Republic to enter into transactions using the Website.
7.2. The Customer confirms that they are aware of and unconditionally agree that the provision of the Service may be refused in the following cases:
7.3. failure to receive payment authorisation from the Bank or electronic payment system;
7.4. initiation by the Customer of a refund procedure in the cases and in accordance with the procedure provided for by the Contract;
7.5. other cases provided for by the legislation of the Kyrgyz Republic or this Contract.
8. Final Provisions
8.1. This Contract shall be deemed concluded from the moment the Customer performs the actions specified in Clause 4 of the Contract and shall remain in force until the Parties have fulfilled their obligations.
8.2. The Service Provider shall have the right to amend the terms of this Contract and introduce new terms or annexes to this Contract without prior notice to the Customer.
8.3. The Customer, being aware of the possibility of such amendments, agrees that they may be made. If the Customer continues to perform this Contract, including continuing to use the Service Provider’s services or the Website after such amendments, this shall constitute the Customer’s consent to such amendments.
8.4. The text of amendments and/or additions to this Contract, or a new version thereof, shall be brought to the attention of the public by the Service Provider by publishing the relevant information on the Website.
8.5. The Parties unconditionally agree that silence (the absence of written notification of disagreement with individual provisions of this Contract, including changes to tariffs) shall be deemed consent and the Customer’s accession to the new version of this Contract.
8.6. This Contract may be terminated by agreement between the Parties. Each Party shall have the right to withdraw from this Contract unilaterally by sending the other Party a notice through the Personal Account or by email at least 15 (fifteen) calendar days before the intended termination date.
8.7. If any provision of this Contract ceases to have legal effect, is declared unlawful or is removed from this Contract, this shall not invalidate the remaining provisions of this Contract, which shall remain legally valid and binding upon the Parties.
8.8. All matters not regulated by this Contract shall be resolved in accordance with the applicable legislation of the Kyrgyz Republic.
8.9. All disputes, claims and disagreements that may arise between the Parties shall be resolved through negotiations. If it is impossible to resolve a dispute in this manner, the Parties shall apply to the court in accordance with the procedure established by the applicable legislation of the Kyrgyz Republic, subject to mandatory compliance with the pre-trial dispute resolution procedure.
8.10. A Party that believes its rights under the Contract have been violated shall submit a claim to the other Party.
A claim shall be deemed duly submitted if it is sent to the other Party by any means that makes it possible to identify the sender and confirm delivery of the correspondence to the recipient.
The return of correspondence marked as undelivered due to the recipient’s absence shall not prevent the claimant from applying to the court.
The attachment to the claim of copies of documents substantiating and confirming the claims made shall not be mandatory if such documents are in the possession of the other Party.
8.11. The Party receiving a claim shall, within 10 (ten) working days from the date of receipt, notify the other Party in writing of the results of its consideration.
Failure to receive a response or reasoned objections to the claim within the established period shall be deemed acceptance of the claim and the circumstances stated therein.
8.12. The Parties recognise the legal validity of documents sent by electronic means of communication or through the Personal Account on the Website.
8.13. The Customer gives consent to the Service Provider to process the Customer’s personal data provided when requesting the Service Provider’s services and/or registering on the Website, as well as through the Personal Account, under the terms set out in the Personal Data Processing Policy published on the Website.
8.14. The Customer gives consent to the Service Provider to use the Customer’s reviews of the Service Provider and its Services published by the Customer on the Internet, including reviews posted by the Customer in the Service Provider’s official social media groups, without stating the Customer’s full name (surname, first name and patronymic) and without using the Customer’s image in any manner.
This includes, but is not limited to, editing, including shortening or making changes that do not distort the meaning of the reviews, for the purpose of publishing such reviews on the Service Provider’s official websites, social media pages, advertising and other materials, and incorporating them into informational mailings to the Service Provider’s customers.
This consent shall be effective from the date of conclusion of the Contract. The Customer may withdraw this consent at any time by sending a written statement to the Service Provider’s address specified in the Contract.
8.15. The Customer gives consent to the Service Provider to receive advertising messages and informational mailings concerning the products and services of the Service Provider and its partners, advertising campaigns, discounts and special offers, prize draws, competitions and surveys at the Customer’s email address and telephone number, including via messengers such as Viber, Telegram and WhatsApp, by postal mail, SMS messages and push notifications, as well as to receive such information orally by telephone.
9. Details of the Parties
9.1. The Parties agree that the Customer’s details shall be deemed to be the information provided by the Customer during registration on the Website and/or when submitting an application for access to the Course and/or paying for the Service Provider’s services.
9.2. Service Provider’s details:
Individual Entrepreneur Damirbekova Diana Damirbekovna (Urban Ethno Hotel)
TIN: 10711199100333
OKPO: 32032042
Legal address: 71 M. Ryskulova Street, Leninskiy District, Bishkek, 720011, Kyrgyz Republic
Actual address: 104 Gorky Street, Bishkek, 720000, Kyrgyz Republic
Bank: OAO “Optima Bank”
Account No.: 1092421212950211
SWIFT: ENEJKG22
Branch BIC: 109024
Bank address: 493 Zhibek Zholu Avenue, Bishkek, Kyrgyz Republic.
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Payment and refund rules
Appendix No. 1
to the Public Contract for the Provision of Paid ServicesThese Rules of Payment and Refund (hereinafter referred to as the Rules) govern the relationship between the Contractor and the Customer related to the payment of services under the Contract and the refund of the paid cost of services in case of early termination of the Contract.
1. The final cost of the Services is calculated based on the product/service selected by the Customer. Payment for Services is made by wire transfer using one of the methods indicated on the Website, at the Customer's choice, by crediting funds to the Contractor's account.
2. When paying on the Website or through a Personal Account, VISA, MasterCard, ELKART cards, as well as electronic wallets are accepted for payment. Payments are transferred in accordance with the Rules of the Visa and MasterCard international payment systems (hereinafter referred to as payment systems) based on the principles of confidentiality and security of payment using modern methods of verification, encryption and data transmission over closed communication channels. Regarding the rules and procedures for making payments through payment systems, the Customer is guided by the rules of the relevant payment systems and applies directly to the operators of the relevant payment systems for clarification and advice. The Contractor hereby reserves the right to provide information support regarding payment for Services using payment systems within its competence, however, nothing in this application obliges it to provide such information support, be responsible for the completeness of the information provided, or bear other consequences of the Customer's choice of payment method and/or payment system.
3. To pay for Services with a Visa or MasterCard bank card, when choosing the payment method, click the "Bank card payment" button and click the "Pay" button to complete the payment.
4. Payment for the order is made after redirection to the secure payment page of the payment system operator and/or the relevant bank to enter the bank card details. The connection to the payment page and the transfer of information are carried out in a secure mode using 3D Secure technology. On the page for entering bank card data, the Customer must enter the bank card data: card number, cardholder's name, card expiration date, three-digit security code (CVV2 for VISA or CVC2 for MasterCard). All necessary data is printed on the card itself. The three—digit security code is the three digits on the back of the card. If the Customer's bank supports MasterCard SecureCode, Verified by Visa, secure Internet payment technology, you may need to enter a special password to make the payment.
5. The Customer's bank card details are not stored on the Contractor's server or on the Website, and the Contractor does not have access to the Customer's payment details. The confidentiality of the information provided by the Customer, including personal data and payment details, is ensured by the operator of the relevant payment system and/or the Customer's bank. The information entered by the Customer, including payment details and bank card data, is not provided to third parties, except in cases stipulated by the legislation of the Kyrgyz Republic.
6. Payment may be refused by the bank in the following cases::
- The bank card is not intended for making payments via the Internet; the Customer can find out about this by contacting the servicing bank.
- there are not enough funds to pay with a bank card. The Customer can find out more about the availability of funds on the bank card by contacting the bank that issued the bank card.;
- the bank card data was entered incorrectly;
- the bank card expired. The validity period of the card is usually indicated on the front of the card (this is the month and year until which the card is valid). The Customer can find out more about the validity period of the card by contacting the bank that issued the bank card.
7. The Contractor does not control the software and hardware complex of the payment system and/or the bank. If, as a result of any errors, the Customer's funds were debited, but the payment was not authorized by the payment system and/or the bank, the responsibility for returning the funds to the Customer lies with the payment system operator and/or the relevant bank.
8. Refund of funds paid by the Customer may be carried out in the following cases::
- The service/product was not provided due to the fault of the Contractor within the prescribed period.;
- Prior to the start of the service, the Customer sent a notice of termination of the Contract and refund of funds;
- in the cases specified in paragraph 14 of this Annex.
9. A full or partial refund of the funds paid by the Customer is made by the Contractor on the basis of a written application from the Customer sent to the Contractor's e-mail. urbanhotel104@gmail.com with the subsequent sending of the original to the postal address of the Contractor: 104 Gorky Street, Bishkek, Kyrgyz Republic. The Contractor has the right to require the Customer to fill out an approved refund application form.
10. If the Customer cancels the Contract before the Contractor provides the goods/services, with the exception of making payment on credit terms, the Contractor returns 100% of the amount paid to the Customer.
11. If the Customer withdraws from the Contract before the Contractor provides the goods/services paid for using credit funds, the Contractor shall refund the funds to the relevant bank, minus the amounts of fees withheld by the bank from the Contractor. The Contractor is not responsible for the payment and does not reimburse the Customer for the amount of accrued interest for the use of funds payable by the Customer to the bank in accordance with the contract concluded by the Customer with the bank.
12. If the Customer withdraws from the Contract within 30 (thirty) calendar days from the date of provision of the goods/services by the Contractor, the Contractor shall refund to the Customer 50% of the amount paid. In this case, if the product / service is paid for using credit funds, the Contractor will refund the funds to the appropriate bank, minus the amounts of fees withheld by the bank from the Contractor. The Contractor is not responsible for the payment and does not reimburse the Customer for the amount of accrued interest for the use of funds payable by the Customer to the bank in accordance with the contract concluded by the Customer with the bank.
13. For the purposes of unambiguous interpretation: if the Customer refuses services paid for using credit facilities (banking products – consumer loans, installments, etc.), the amount to be refunded and the Contractor's expenses are calculated from the amount of funds received by the Contractor from the bank to pay for services provided to the Customer.
14. If the Customer withdraws from the Contract after 30 (thirty) calendar days from the date of provision of the goods / services by the Contractor, the refund will not be carried out.
15. The refund is made to the account from which the payment was made, up to 30 days from the date of receipt of the Customer's Application (the specific refund period depends on the bank that issued the Customer's bank card).
16. When changing the Customer's payment details, as well as when paying for services by a banking organization with the use of credit funds, the Customer undertakes to specify the bank details for the refund in the Application. If the Customer fails to provide bank details, the Contractor is not responsible for incorrect and/or late transfer and/or non-transfer of funds to the Customer's payment details specified by the latter when paying for services.