Политика конфиденциальности

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, Taxpayer Identification Number (TIN) 10711199100333, legal address: Kyrgyz Republic, Bishkek, Leninsky District, M. Ryskulova Street, Building 71 (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) include, among others: collection, receipt, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (dissemination, provision, access), anonymization, blocking, deletion, and destruction of personal data.

6. This Policy determines 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 of personal data processing, the rights of Users and 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 agrees to this Policy by entering their name, telephone number and, where necessary, e-mail address in the relevant field on the Website in order to submit a consultation request, make a reservation, submit an order, or perform other actions provided for by the Website functionality, and subsequently clicking the “Submit”, “Request Consultation” or other corresponding 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 Website functionality, 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, e-mail 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, anonymization, and transfer to third parties in the cases provided for by this Policy, by the Company for the purpose 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 dated April 14, 2008 “On Information of a Personal Nature”, taking into account the provisions of the General Data Protection Regulation (GDPR) of the European Union dated April 11, 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 be valid from the date such consent is provided until the purposes of processing are 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 User must indicate their e-mail address and the relevant request in the message.

15. Purposes of Personal Data Processing

The Company uses the data provided by the User for the following purposes:

• registration and identification of the User on the Website and providing the User with the ability to fully use 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 about the User’s personal preferences and settings;


• evaluation and analysis of the operation of the Company’s Website;


• analysis of the effectiveness of advertising placement and statistical research based on anonymized information provided by the User;


• informing the User about promotions, discounts and special offers by e-mail and telephone;


• conducting market research, including with the involvement of third parties as contractors, service providers or consultants;


• communication with partner banks regarding the provision of loans to the User and/or agreement of lending conditions.

16. The Company does not verify the data provided or indicated by the User. Accordingly, the Company assumes that when providing personal data, the User:

• is legally capable. If the person using the Website is legally incapable, consent to the processing of personal data is provided by their legal representative;


• provides accurate information about themselves (or about the legally incapable person they represent);


• independently keeps the provided personal data up to date;


• understands that information posted by the User on the Website may become accessible 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 based on the following principles:

• lawfulness;


• limitation of personal data processing to the achievement of specific, predetermined and lawful purposes;


• prevention of processing personal data in a manner incompatible with the purposes of collecting and/or storing the data received from the User;


• compliance of the content and scope of the processed personal data with the purposes of its processing;


• prevention of processing 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 its processing;


• destruction or anonymization 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 a statement withdrawing consent to the processing of personal data.

18. When processing personal data, the Company takes the necessary and sufficient organizational and technical measures to protect personal data against unlawful access, as well as against other unlawful actions involving 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 using 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 provided for by this Policy.

23. The transfer of Users’ personal data to third parties — the Company’s partners — where necessary, is carried out on the basis of the Users’ consent for the purpose of fulfilling obligations towards 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 it 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 purpose of fulfilling obligations towards Users, may also be stored on physical media after extraction of the personal data.

26. Personal data is stored for the period objectively necessary to fulfill obligations towards Users and is determined by whichever of the following events occurs first:

• until the User deletes the personal data through their personal account;


• until the Company destroys the personal data following receipt of a request from the User to destroy the personal data or withdraw consent to its processing;


• until the User’s consent expires.

27. The Company has the right to retain the User’s personal data in anonymized form after fulfilling its obligations towards the User, except where a request for destruction of the data or withdrawal of consent to its processing has been received, 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 undertakes 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 unauthorized 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 violation of the obligations provided for by this Policy.

Likewise, it shall not constitute a violation for the Company to provide information to partners acting on the basis of a contract (agreement) with the Company for the purpose of fulfilling obligations towards the User.

The transfer by the Company to third parties of anonymized User data for the purposes of evaluating and analyzing the operation of the Company’s Website, providing personalized recommendations, displaying advertisements based on the User’s personal preferences and settings, as well as conducting marketing, analytical and/or statistical research shall also not constitute a violation.

31. The Company has the right to use “cookies” technology. 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. Cookies 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 indicating the Internet website from which the User arrived 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 provides the User or their representative with the opportunity to review personal data relating to the User free of charge.

35. If incomplete, inaccurate or outdated information is identified, the Company, based on information provided by the User, shall make the necessary changes to the User’s personal data within a period not exceeding 7 (seven) business days and shall 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) business 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 is ceased by the third party — the Company’s partner — in the following cases:

• unlawful processing of the User’s personal data is identified or the User withdraws consent to the processing of their personal data;


• the User submits a request for destruction of their personal data;


• the purpose of processing the personal data has been achieved.

Upon the occurrence of the circumstances specified in this clause, the Company shall cease processing the personal data and ensure its destruction within a period not exceeding 30 (thirty) days, unless another 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 in any event no later than 6 (six) months.

39. The Company independently determines the list of third parties — the Company’s Partners — and makes it available 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 is published on the Website.

41. Continued use of the Website or its services after publication of a new version of the Policy constitutes acceptance of the Policy and its terms by the User.

42. If the User does not agree with the terms of this 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 e-mail address: urbanhotel104@gmail.com.

44. Company Details

Individual Entrepreneur Damirbekova Diana Damirbekovna (Urban Hotel Ethno)

TIN: 10711199100333

OKPO: 32032042

Legal address: 720011, Kyrgyz Republic, Bishkek, Leninsky District, M. Ryskulova Street, Building 71

Actual address: 720000, Kyrgyz Republic, Bishkek, Gorky Street, 104.

       

 

PUBLIC AGREEMENT FOR THE PAID PROVISION OF SERVICES

Individual Entrepreneur Damirbekova Diana Damirbekovna – URBAN ETHNO HOTEL**, hereinafter referred to as the “Service Provider”, represented by General Director Damirbekova Diana Damirbekovna, acting on the basis of Certificate No. 002-2023-169-2386 dated August 18, 2023, enters into this Public Agreement for the Paid Provision of Services (hereinafter referred to as the “Agreement”) with any individual, hereinafter referred to as the “Customer”.

This Agreement 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 regulates the procedure for providing such services and the obligations of the Parties.

The text of this Agreement is published by the Service Provider on the Internet at https://urbanhotelethno.com/. The Parties, guided by Part 2 of Article 398 of the Civil Code of the Kyrgyz Republic, have entered into this Agreement as follows:

1. Subject of the Agreement

1.1. Under this Agreement, the Service Provider undertakes to provide hotel services, subject to the availability of vacant rooms at the Hotel, and the Customer undertakes to accept and pay for the hotel services.

1.2. Services are booked through the Service Provider’s website: https://urbanhotelethno.com/.

1.3. The following terms and abbreviations are used in this Agreement:

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 (e-mail address and password) in the designated fields on the Website.

1.3.3. Invoice – an invoice, tax invoice, price agreement invoice, or other similar document determining the cost of services and, where necessary, the payment procedure.

All terms and definitions used in this Agreement shall apply equally to the singular and plural forms, depending on the context.

1.3.4. The Customer may use the stated and paid-for services in full, in accordance with the terms of the Agreement, throughout the entire period specified on the Website.

1.3.5. Under this Agreement, the Service Provider does not provide the Customer with individual consultations unrelated to the subject matter of the Agreement.

2. Procedure for Concluding the Agreement and Providing Access

2.1. This Agreement is a public agreement under which the Service Provider undertakes to provide services to an indefinite number of persons (Customers) who request such services.

2.2. Publication of the text of this Agreement on the Website constitutes a public offer by the Service Provider addressed to an indefinite number of persons to enter into this Agreement (Clause 1 of Article 386, Clause 2 of Article 398 of the Civil Code of the Kyrgyz Republic).

This Agreement is concluded by the Customer’s accession to this Agreement, i.e. by the Customer’s acceptance of all the terms of this Agreement as a whole, without any conditions, exclusions or reservations (Article 387 of the Civil Code of the Kyrgyz Republic).

2.3. The Customer’s payment for the services ordered by the Customer in accordance with the procedure and conditions established by this Agreement constitutes acceptance of the terms of this Agreement.

If the Customer pays for the ordered services using credit funds provided by the relevant bank, the conclusion by the Customer of the relevant agreement with the bank for the payment of the Service Provider’s services constitutes acceptance of the terms of this Agreement (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 Agreement, the Customer agrees to all terms of the Agreement as set forth in its text and, in accordance with the Civil Code of the Kyrgyz Republic, is deemed to be a person who has entered into a contractual relationship with the Service Provider on the basis of this Agreement.

In accordance with Clauses 2 and 3 of Article 395 and Clause 3 of Article 399 of the Civil Code of the Kyrgyz Republic, this Agreement shall be deemed concluded by the Parties in written form.

2.5. After performing the actions specified in Clause 2.4 of the Agreement, the Service Provider shall provide the Customer with the stated and fully paid-for services 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 informational support to the Customer regarding the provision of services and/or operation of the Website during working days from 09:00 to 18:00 (until 17:00 on Fridays and on shortened working days in accordance with the legislation of the Kyrgyz Republic).

3.1.3. Support inquiries shall be sent by the Customer to: urbanhotel104@gmail.com.

3.1.4. If errors or deficiencies in the operation of the Website caused by the Service Provider or through its fault are identified, eliminate such errors or deficiencies using its own resources and at its own expense.

3.1.5. Refund funds paid by the Customer in the cases and under the conditions provided for by the Agreement.

3.2. The Service Provider shall have the right to:

3.2.1. Amend the terms of this Agreement and introduce new terms or annexes to this Agreement without prior notice to the Customer.

3.2.2. Engage third parties to perform this Agreement without coordination with the Customer.

3.2.3. Request from the Customer information and documents necessary for the proper performance of obligations under this Agreement.

3.2.4. Change the cost of services under the Agreement by publishing the current prices on the Website.

3.2.5. Temporarily suspend the operation of the Website to carry out necessary scheduled preventive and repair works on the Service Provider’s technical resources.

3.2.6. Replace third parties engaged to perform obligations under the Agreement.

3.3. The Customer shall:

3.3.1. Pay for the services within the time limits and under the conditions established by the Agreement, agreed upon in invoices and/or agreed upon by the Parties through messages in the Personal Account.

3.3.2. Timely provide complete and accurate information necessary for the provision of services, including during registration on the Website.

3.3.3. Use the functionality of the Website and access exclusively for personal or other non-commercial purposes.

3.3.4. Ensure the confidentiality of the login and password for their Personal Account and not disclose access credentials to third parties.

3.3.5. Immediately notify the Service Provider of any unauthorized access to their Personal Account.

3.3.6. Not post on the Website or third-party resources personal data of other persons, including their Personal Account access credentials, and not use or attempt to obtain personal data of other users.

3.3.7. Not register as a user on behalf of or instead 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 aimed at disrupting the normal operation of the Website; not upload, store, publish, distribute, provide access to, or otherwise use viruses, Trojans or other malicious programs; and not use automated scripts (programs) 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. Obtain access to the Personal Account after fulfilling the conditions for granting access specified in Article 2 of the Agreement.

3.4.2. Receive informational support regarding the procedure for providing services and the operation of the Website throughout the entire term of this Agreement.

3.4.3. Use access to the Personal Account exclusively for non-commercial purposes.

3.4.4. Send the Service Provider comments, suggestions and/or reviews related to the subject matter of this Agreement 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 goods/services indicated on the Website https://urbanhotelethno.com/ or agreed upon in the Invoice, in Kyrgyz soms.

4.2. The Customer shall pay for the Service Provider’s services on the basis of 100% prepayment, in a single payment by transferring the funds to the Service Provider’s settlement 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 settlement account.

4.4. Payment for the Services shall be made by the Customer in favor of the Service Provider by transferring the corresponding amount using the payment methods supported by the Service Provider.

The Service Provider has the right to independently determine the list of such payment methods and shall communicate the current list to the Customer by publishing it on the Website or informing the Customer by other means.

Detailed payment and refund rules are set forth in Annex No. 1 to this Agreement.

4.5. The Customer has the right to 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 Agreement 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 on the terms established by the relevant bank.

The Service Provider shall not be liable 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 fulfill all obligations towards the bank related to the provision of the Credit.

4.7. The date of provision of the Services/goods shall be the date on which the service/goods are provided to the Customer. Accordingly, the Services/goods shall be deemed to have been provided to the Customer.

5. Liability of the Parties. Limitation of Liability

5.1. In the event of a violation of the terms of the Agreement by the Customer, the Customer shall, upon written demand by the Service Provider and without recourse to court, pay a penalty of __________________________ soms for each violation.

5.2. In the event of a violation of the terms of this Agreement by the Customer, the Service Provider has the right to deactivate the Customer’s access to the Personal Account and block the Customer’s access to the Website without refunding the 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:

5.4.1. for the content of information posted in messenger chats (WhatsApp, Viber, Telegram) created at the initiative of users, including the Customer;

5.4.2. for the use by third parties of personal data disclosed by the Customer in such chats;

5.4.3. for the quality of the Internet connection or the operation of the Customer’s equipment and software;

5.4.4. for the technical characteristics of the Customer’s equipment not meeting the requirements for reproducing Course materials, if such requirements have been established;

5.4.5. for the Services provided under the Agreement not meeting the Customer’s expectations. The Customer’s subjective assessment shall not constitute an objective criterion of the quality of the Services;

5.4.6. for errors and inaccuracies made by the Customer when using the functionality of the Website, including, but not limited to, incorrect information provided when placing an order for a service or other similar circumstances;

5.4.7. for the use or inability to use, or any consequences resulting from the use or inability to use, by the Customer of the payment method selected by the Customer for the services under the Agreement;

5.4.8. for actions or omissions of banks or third parties involved in settlements relating to payment for the service or refund of funds in the established cases.

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, in connection with technical failures and interruptions in the operation of the provider, other persons or services, restrictions on access to the Internet or the Internet resource for any reason, failure by the Customer to ensure the security of access credentials to their Personal Account, or other circumstances beyond the Service Provider’s control.

5.4.10. Neither Party shall be liable for total or partial non-performance of its obligations if such non-performance results from force majeure circumstances, including, but not limited to, fire, flood, earthquake and other natural disasters, strikes, war and military actions, epidemics, pandemics or other circumstances beyond the control of the Parties that prevent the performance of this Agreement and arise after its conclusion.

5.4.11. If the Customer fails to perform or improperly performs its obligations under the Agreement, including the obligations specified in Clause 4.2 of the Agreement, the Service Provider has the right to terminate this Agreement by unilateral out-of-court withdrawal from its performance by sending an electronic notice of such withdrawal to the e-mail address to which the Service Provider previously sent the access details to the Course.

This Agreement shall terminate on the day the Service Provider sends the relevant notice or on the date specified in the 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, the Customer is granted access to the intellectual property of the Service Provider and/or third parties with whom the Service Provider has entered into relevant agreements/contracts (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 programs, 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 violate the rights of the Service Provider and/or third parties to Intellectual Property, in particular, not copy, record, reproduce, duplicate, distribute in any form, modify or use any Intellectual Property to create derivative works without the written permission of the Service Provider;

6.2.2. immediately notify the Service Provider of any known facts of infringement of the intellectual property rights of the Service Provider and/or third parties;

6.2.3. not provide third parties with their authentication credentials for access to their account or Personal Account on the Website.

In the event of loss of such credentials or unauthorized 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 means any information relating to the process of providing services by the Service Provider that has not been publicly disclosed by the Service Provider and is not publicly available.

The Customer undertakes not to disclose confidential information or other data provided by the Service Provider during the provision of services (except publicly available information) to third parties without the prior written consent of the Service Provider.

6.2.5. The Service Provider has the right to use in its marketing and/or advertising materials items created by the Customer while studying the Course materials, as well as to mention the Customer as a user of the Software and as a client.

7. Other Terms

7.1. The Customer confirms that they are legally capable 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 and unconditionally agree that the provision of the Service may be refused in the following cases:

7.3. failure to obtain payment authorization from the Bank or electronic payment system;

7.4. initiation by the Customer of a refund procedure in the cases and according to the procedure provided for by the Agreement;

7.5. in other cases provided for by the legislation of the Kyrgyz Republic or this Agreement.

8. Final Provisions

8.1. This Agreement shall be deemed concluded from the moment the Customer performs the actions provided for in Clause 4 of the Agreement and shall remain in force until the Parties have fulfilled their obligations.

8.2. The Service Provider has the right to amend the terms of this Agreement and introduce new terms or annexes to this Agreement 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 Agreement, 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 Agreement, or its new version, shall be brought to public attention by the Service Provider by publishing the relevant information on the Website.

8.5. The Parties unconditionally agree that silence (absence of written notification of disagreement with individual provisions of this Agreement, including changes to tariffs) shall be deemed consent and accession by the Customer to the new version of this Agreement.

8.6. This Agreement may be terminated by mutual agreement of the Parties.

Each Party has the right to withdraw from this Agreement unilaterally by sending the other Party a notice through the Personal Account or by e-mail no later than 15 (fifteen) calendar days before the planned termination date.

8.7. If any provision of this Agreement loses its legal force, is declared unlawful or is removed from this Agreement, this shall not invalidate the remaining provisions of this Agreement, which shall remain legally valid and binding upon the Parties.

8.8. All matters not regulated by this Agreement 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 the dispute cannot be resolved 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. The Party that believes its rights under the Agreement have been violated shall submit a claim to the other Party.

A claim shall be deemed properly submitted if it is sent to the other Party by any method that makes it possible to identify the sender and confirm delivery of the correspondence to the recipient.

The return of correspondence marked as indicating the absence of the recipient shall not prevent the claiming Party from applying to the court.

It is not mandatory to attach copies of documents substantiating and confirming the claims if such documents are already in the possession of the other Party.

8.11. The Party receiving a claim shall, within 10 (ten) business 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 recognize 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 by the Customer when requesting the Service Provider’s services and/or registering on the Website, as well as in the Personal Account, under the terms of the Personal Data Processing Policy published on the Website.

8.14. The Customer gives consent to the Service Provider to use reviews posted by the Customer on the Internet concerning the Service Provider and the services provided by it, including reviews left by the Customer in the Service Provider’s official social media groups, without indicating 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, processing such reviews, including shortening them and making changes that do not distort their meaning, for the purpose of publishing such reviews on the Service Provider’s official websites, on the Service Provider’s social media pages, in the Service Provider’s advertising and other materials, and including them in informational mailings to the Service Provider’s customers.

This consent shall be effective from the date of conclusion of the Agreement.

The Customer may withdraw this consent at any time by sending a written statement to the Service Provider’s address specified in the Agreement.

8.15. The Customer gives consent to the Service Provider to receive advertising messages and informational mailings concerning products and services of the Service Provider and its partners, promotions, discounts and special offers, prize draws, contests and surveys at the Customer’s e-mail address and telephone number, including through 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 Details

Individual Entrepreneur Damirbekova Diana Damirbekovna (Urban Ethno Hotel)

TIN: 10711199100333

OKPO: 32032042

Legal address: 720011, Kyrgyz Republic, Bishkek, Leninsky District, M. Ryskulova Street, Building 71

Actual address: 720000, Kyrgyz Republic, Bishkek, Gorky Street, 104

Bank: OAO “Optima Bank”

Settlement account: 1092421212950211

SWIFT: ENEJKG22

Branch BIC: 109024

Bank address: 493 Zhibek Zholu Avenue, Kyrgyz Republic, Bishkek.

Annex No. 1to the Public Agreement for the Paid Provision of Services

These Payment and Refund Rules (hereinafter referred to as the “Rules”) govern the relations between the Service Provider and the Customer concerning payment for services under the Agreement and the refund of the paid cost of services in the event of early termination of the Agreement.

1. The final cost of the Services is determined taking into account the goods/services selected by the Customer. Payment for the Services shall be made by cashless payment using one of the methods indicated on the Website, at the Customer’s choice, by crediting the funds to the Service Provider’s account.

2. When making payment on the Website or through the Personal Account, VISA, MasterCard and ELKART cards, as well as electronic wallets, are accepted.

Payments are processed in accordance with the rules of the international Visa and MasterCard payment systems (hereinafter referred to as the “Payment Systems”) based on the principles of confidentiality and payment security, using modern methods of verification, encryption and transmission of data through secure communication channels.

With regard to the rules and procedures for making payments through the Payment Systems, the Customer shall be guided by the rules of the relevant Payment Systems and shall contact the operators of the respective Payment Systems directly for explanations and consultations.

The Service Provider hereby reserves the right to provide informational support regarding payment for Services using the Payment Systems within the scope of its competence; however, nothing in this Annex obliges the Service Provider to provide such informational support, to be responsible for the completeness of the information provided, or to bear any other consequences arising from the Customer’s choice of payment method and/or Payment System.

3. To pay for the Services using a Visa or MasterCard bank card, after selecting the payment method, the Customer must click the “Pay by Bank Card” button and, to complete the payment, click the “Pay” button.

4. Payment for an order is made after the Customer is redirected to the secure payment page of the Payment System operator and/or the relevant bank to enter bank card details.

The connection to the payment page and transmission of information are carried out in a secure mode using 3D Secure technology.

On the bank card data entry page, the Customer must enter the following bank card details: card number, cardholder’s name, card expiration date, and three-digit security code (CVV2 for VISA or CVC2 for MasterCard).

All necessary information is printed on the card itself. The three-digit security code consists of three digits located on the back of the card.

If the Customer’s bank supports MasterCard SecureCode or Verified by Visa technology for secure Internet payments, entering a special password may be required to complete the payment.

5. The Customer’s bank card details are not stored on the Service Provider’s server or on the Website, and the Service Provider does not have access to the Customer’s payment details.

The confidentiality of information provided by the Customer, including personal data and payment details, is ensured by the relevant Payment System operator and/or the Customer’s bank.

Information entered by the Customer, including payment details and bank card information, shall not be disclosed to third parties except in cases provided for by the legislation of the Kyrgyz Republic.

6. A bank may refuse to process a payment in the following cases:

• the bank card is not intended for making Internet payments; the Customer may obtain information about this by contacting the servicing bank;


• there are insufficient funds available on the bank card to make the payment; the Customer may obtain information about the available balance by contacting the bank that issued the bank card;


• the bank card details have been entered incorrectly;


• the bank card has expired. The card expiration date is generally indicated on the front of the card and specifies the month and year until which the card is valid. The Customer may obtain further information about the card’s validity period by contacting the bank that issued the card.

7. The Service Provider does not control the hardware and software infrastructure of the Payment System and/or bank.

If, as a result of any errors, funds are debited from the Customer but the payment is not authorized by the Payment System and/or bank, the obligation to refund the funds to the Customer shall lie with the Payment System operator and/or the relevant bank.

8. Funds paid by the Customer may be refunded in the following cases:

• the service/goods were not provided through the fault of the Service Provider within the established period;


• the Customer notified the Service Provider of termination of the Agreement and requested a refund before the commencement of the provision of the service;


• in the cases specified in Clause 14 of this Annex.

9. A full or partial refund of funds paid by the Customer shall be made by the Service Provider on the basis of a written application from the Customer sent to the Service Provider’s e-mail address urbanhotel104@gmail.com, followed by delivery of the original application to the Service Provider’s postal address: Kyrgyz Republic, Bishkek, Gorky Street, 104.

The Service Provider has the right to require the Customer to complete an approved refund application form.

10. If the Customer terminates the Agreement before the Service Provider provides the goods/services, except where payment was made using credit funds, the Service Provider shall refund 100% of the amount paid to the Customer.

11. If the Customer terminates the Agreement before the Service Provider provides the goods/services that were paid for using credit funds, the Service Provider shall refund the funds to the relevant bank, less any fees charged to the Service Provider by the bank.

The Service Provider shall not be responsible for the payment of, or reimburse the Customer for, any interest accrued for the use of the funds that the Customer is required to pay to the bank in accordance with the agreement concluded between the Customer and the bank.

12. If the Customer terminates the Agreement within 30 (thirty) calendar days from the date the Service Provider provides the goods/services, the Service Provider shall refund 50% of the amount paid to the Customer.

If the goods/services were paid for using credit funds, the Service Provider shall refund the funds to the relevant bank, less any fees charged to the Service Provider by the bank.

The Service Provider shall not be responsible for the payment of, or reimburse the Customer for, any interest accrued for the use of the funds that the Customer is required to pay to the bank in accordance with the agreement concluded between the Customer and the bank.

13. For the avoidance of doubt, where the Customer terminates services paid for using credit funds (banking products such as consumer loans, installment plans, etc.), the amount subject to refund and the Service Provider’s expenses shall be calculated based on the amount of funds actually received by the Service Provider from the bank as payment for the services provided to the Customer.

14. If the Customer terminates the Agreement after 30 (thirty) calendar days have elapsed from the date the Service Provider provides the goods/services, no refund shall be made.

15. Refunds shall be made to the account from which the payment was originally made within 30 days from the date the Customer’s application is received. The specific refund period depends on the bank that issued the Customer’s bank card.

16. If the Customer’s payment details have changed, or if the services were paid for through a banking organization using credit funds, the Customer shall indicate the bank details for the refund in the application.

If the Customer fails to provide the necessary bank details, the Service Provider shall not be liable for incorrect and/or delayed transfer or non-transfer of funds to the payment details previously provided by the Customer when paying for the services.