Agreement

Agreement Public agreement (offer) Astana, 2023

Ailand Astana LLP, hereinafter referred to as “Operator”, offers any individual or legal entity, hereinafter referred to as “Buyer”, paid services in the Internet (hereinafter referred to as “Services”).

This offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan is a public offer (hereinafter – the Agreement), full and unconditional acceptance of the terms of which in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan shall be deemed to be the Buyer’s realization of the conclusive actions – clicking the button “I agree with the terms of the Agreement” located on the Operator’s website.

1. TERMS AND DEFINITIONS
System – an automated ticketing system, including specialized hardware and software complex designed to work with the information resources of the System, to sell Tickets to Events, as well as to form databases of sold Tickets, including the web-portal www.ailand.kz, embedded widgets on partner web-portals, ticketing automation system installed in automated ticket offices.

Website – web-portal of the Operator www.ailand.kz.

Automated cash desks – automated cash desks of the Operator, the Operator’s counterparties connected to the System.

Event – a spectacular event, including: a theatrical performance, a movie show in a theater, a circus performance, a concert in a hall, club, open air venue, sports competition, any other event.

Entertainment Institution (Institution) – a legal entity or an individual entrepreneur holding an Event, which has granted the authority to issue and sell Tickets for its Events using the System.

Ticket – a document of strict accountability, sold to the Buyer using the System, certifying the conclusion of an agreement between the Entertainment institution and the Buyer, entitling the Client to attend the Event.

Ticket Buyer (Buyer) – an individual in whose name the order is placed.

Ticket Holder – a natural person presenting a Ticket to the Event.

Ticket Code – a unique digital code sent to the Buyer when purchasing a Ticket, which must be provided to the Entertainment Institution for admission to the Event.

Service Fee – money for service fees charged by the System Operator from the Buyer when purchasing a Ticket using the System. For each Ticket the amount of service fee shall be determined by the Operator individually. When forming an order and until the Buyer pays for the order, the amount of the Service Fee shall be reflected on the order page.

Organizer – a legal entity or individual organizing Events and transferring tickets for the relevant Events to the Operator for distribution.

Bonus – a form of discount provided by the Operator to a participant in accordance with these rules, which can be used when paying for a purchase at website www.ailand.kz.

Gift Bonus – a redeemable point of the bonus program, accrued at the Operator’s discretion within the framework of marketing campaigns. The validity period of Gift Bonuses is determined by the Operator.

Bonus Account – a set of accounting and information data in the Operator’s Program database about the Program Participant, the number of accrued/written off/burned Bonuses and the current balance.

Personal Cabinet (PC) – a personal page of the Program Participant on the website www.ailand.kz. The Program Participant can see the history of orders/purchases and Bonus account in the Personal Area. Participant’s registration on the site automatically expresses consent to the use and storage of personal data of the Buyer.

2. SUBJECT OF THE AGREEMENT
2.1 The Operator provides the Buyer opportunity to purchase Tickets for Events via the Internet.

3. RIGHTS AND OBLIGATIONS OF THE OPERATOR
3.1 The Operator has right to set an additional Service Fee for the use of the Internet ticket purchase service, provided that the Service Fee is explicitly stated. The Service Fee is established for movie screenings and for events with participation of foreign artists. Unless otherwise provided by the Organizers of the event.
3.2 Refund of the Ticket purchased by the Customer. If the Buyer requests the refund of previously purchased Ticket, the Operator has right to refuse the Buyer if the Ticket has been activated at the turnstile of the Event. In case the Ticket has been activated by the turnstile, the refund can be made only at the discretion of the Ailand CSO management, if the reasons for the refund stated in the application are considered valid.
3.2.1 Tickets purchased for the Events are subject to exchange and refund only in cases of technical failure on the part of the Operator. In all other cases, no refund and exchange is made. The refund of the ticket price by transfer to the card account is possible only with a 10% commission fee of the refund amount.
3.3 Refund of the ticket price can be made only in the presence of the check and the ticket itself. Copies of these documents must be attached to the application.
3.3.1 The refund of the ticket price can be made upon the written request of the visitor, with the obligatory indication of the reasons for the refund and attachment of a copy of the visitor’s ID card. 3.4 Acceptance of the Ticket and refund in case of cancellation, replacement, postponement of the Event is carried out by the Operator, provided that the Operator receives an official letter from the Organizer about the cancellation, replacement, postponement of the Event. Only Tickets purchased at the Points of Sale, on the Agent’s website and (or) at the ticket offices specified in the official letter from the Organizer are eligible for refund. The refund of the Nominal Value of the Ticket shall be made within the period specified in the official letter of the Organizer and/or the Principal. Upon expiry of the specified period of time, the Nominal Value of the Ticket shall be refunded solely by the Organizer itself.
3.5 In case of refund for sold-out Event (where tickets are sold out in full), the Operator sends the writing request to an Organizer, and in case of negative response, has right to refuse to refund the amount.
3.6 In case when the Buyer returns electronic Ticket, the Operator has right to withhold the Service Fee when returning funds to the Buyer.
3.7 The Service Fee withheld when returning Ticket purchased for any categories of events is 10% of the nominal value of the Ticket or 250 tenge, if the amount of withholding is less than 250 tenge. 3.7.1 When returning Ticket purchased for any categories of events to the Client’s bank card, the refund is made within 14 (Fourteen) working days. If service fee is applicable to the event, the amount of the service fee shall be withheld when returning the Ticket.
3.8 In case of refund at the official ticket offices of “Ailand”, the same rules of service fee deduction are applied.
3.9 In case of non-cash refund at the official “Ailand” ticket offices, the same rules of service charge withholding shall apply.
3.10. If Buyer returning the Ticket is a Participant of the Operator’s Bonus Program, the conditions of return described in the Rules of the Bonus Program shall apply.
3.11. The Operator is not responsible for the quality and conditions of the Events, tickets for which are sold using the Operator’s system. All claims of the Customers concerning the cases of cancellation or quality of the Event, tickets for which are sold through the Operator’s system, are transferred to the Organizer for independent consideration. Losses incurred by the Clients as a result of the above fact shall be compensated exclusively at the expense of the Organizer of the particular Event.
3.12. The Operator has right to send e-mails and SMS messages of informational and advertising nature to the Buyer’s e-mail address and cell phone. At the same time, the Operator undertakes not to transfer the address and other information about the User to third parties.
3.13. The Operator has right at its own discretion to set a limit on the number of tickets available for purchase by the Buyer for the specified contact details (e-mail address and phone number) for the Event. The exact level of the limit is specified by the Operator directly on the page of particular Event on the Operator’s website. The User has right to purchase the number of tickets exceeding the established limit upon prior written agreement with the Operator. In this case, the Operator has right to refuse the User to purchase the number of tickets exceeding the limit without explaining the reasons. 3.14. According to the clause 18 of the “Rules for Electronic Trading”, approved by the Order of the Acting Minister of National Economy of RK No. 720 dated November 25, 2015, the Operator acting as an intermediary between the Event Organizer and the Buyer shall not be liable for the contracts concluded using electronic documents (electronic messages), in respect of which they rendered services.
3.15. The Operator shall have right to unilaterally change the terms and conditions of this Contract at any time, ensuring publication of the changed terms and conditions on the Website.

4. RIGHTS AND OBLIGATIONS OF THE BUYER
4.1 The Buyer is solely responsible for the safety of his/her Ticket Code.
4.1.1 When purchasing a ticket, the Buyer must print out the electronic ticket.
4.2 The Buyer is obliged to familiarize himself/herself with the internal rules of the venues to which he/she purchases tickets (etiquette, dress code, visiting rules, etc.).
4.3.1 When purchasing a ticket, the Buyer must print out the electronic ticket.
4.4 When purchasing Tickets for “Children’s” or “Youth” tariffs, the Buyer must have supporting documents from the relevant institutions (school certificate or student ID card) at the time of presentation of the electronic Ticket at the Entertainment Venue. In case of absence of the relevant documents, the Operator has right to cancel the Tickets purchased by the Buyer and return the relevant amounts to the Buyer less the Service Charge, or offer the Buyer to use the amount to pay for subsequent purchases in the System. The ticket refund process is specified in clause 3.3 of this Agreement.
4.4.1 Law “About the Rights of the Child in the Republic of Kazakhstan”: Article 36. Protection of the child from the negative impact of the social environment. Paragraph 4: It is prohibited for a child to be present or to be allowed to enter entertainment establishments at night (from 10 p.m. to 6 a.m.) unaccompanied by his or her legal representatives. Paragraph 5: It is forbidden for a child to be outside the dwelling from 11 p.m. to 6 a.m. unaccompanied by a legal representative. The legislation of the Republic of Kazakhstan prohibits “the presence of a child, as well as the admission of a child unaccompanied by legal representatives to entertainment facilities at night (from 10 p.m. to 6 a.m.)”. In accordance with this Law, the Operator does not sell tickets at “Children’s” tariffs for events ending later than 10:00 p.m., as well as for events with age restrictions. If the client purchases tickets at the “Adult” tariff for these categories of events intended for a child, the Organizer of the event has right to prevent the child from attending the event. In case of this situation, the Operator does not cancel the Tickets purchased by the Customer. Refunds for these Tickets are also not made.
4.5 Visiting with children for evening events. The legislation of the Republic of Kazakhstan prohibits “the presence of a child, as well as the admission of a child unaccompanied by a legal representative to entertainment facilities at night (from 10 p.m. to 6 a.m.)”. When attending evening sessions with children who have age restrictions, the administration of the movie theater may require a birth certificate and refuse to attend the session, in the absence of documents. We do not sell tickets to unaccompanied children for shows ending after 10 p.m.

5. FORCE MAJEURE
5.1 The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under the Contract for the period of force majeure. Force majeure means extraordinary and insurmountable circumstances preventing the Parties from fulfilling their obligations under this Contract. These include natural phenomena; exposure to nuclear explosion, radiation (ionizing radiation) or radioactive contamination by nuclear weapons, production and research materials or radioactive waste; war, military invasion, hostile acts of a foreign enemy, military operations, military maneuvers and related military activities; civil war, armed rebellion, popular unrest of any kind, mass riots, forcible seizure or forcible retention of power; epidemics, epizootics, weather conditions, terrorist actions, strikes, seizure, confiscation, requisition, nationalization, etc. The party for whom the above circumstances have occurred shall notify the other party of their occurrence as soon as possible. In this case, well-known events do not need any confirmation, in respect of other events it is necessary to attach appropriate supporting documents, which may be, including, but not limited to, documents emanating from the competent state authorities.

6. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES
6.1 All disagreements or disputes that may arise will, if possible, be settled by the parties through negotiations.
6.2 If for any reason an agreement is not reached in the course of pre-trial settlement, the dispute arising from this Contract shall be considered in the Arbitration Court of Almaty (if the Buyer is a legal entity or individual entrepreneur), or in the court of general jurisdiction at the location of the Operator (if the Buyer is an individual).
6.3 Claims of the Buyer on the provided Services shall be accepted and considered by the Operator only in writing and in the manner prescribed by the current legislation of the Republic of Kazakhstan. 6.4 The Operator shall have right to independently engage competent organizations as experts to solve technical issues in determining the fault of the Buyer as a result of his illegal actions when using the System. In case the Buyer’s fault is established, the latter shall be obliged to reimburse the costs of carrying out.

7. OPERATOR DETAILS: Ailand Astana LLP Address: Republic of Kazakhstan, Astana city, Nura district, highway Korgalzhyn, 2 BIN 090540010467 IIC: KZ3884905KZ000937729 in “Nurbank” JSC BIK NURSKZKX Support service: Support: info@ailand.kz City: +7 (717) 2 57-55-55-55 Mobile: +7 (778) 376 16 83