Public Offer
1. GENERAL PROVISIONS
1.1. Pansionat-Keremet LLC, represented by its Director Konushbaev Zholochu Ishenalievich, hereinafter the «Provider», publishes this Public Offer for the provision of hotel services, presented on the Provider's official website https://resort.baytur.kg/, addressed to any natural person (hereinafter — the «Customer») who accepts this proposal on the terms set out in this Offer.
1.2. This Offer, the Resort's Accommodation Rules, the Price List for services and damages, the terms of the selected rate, the booking confirmation, the Personal Data Processing Policy and other documents posted on the Website or communicated to the Customer prior to payment/check-in form integral parts of the contract between the Provider and the Customer.
1.3. If the Customer books services not only for themselves but also for other persons, the Customer warrants that they have the authority to act in the interests of such persons, undertakes to communicate to them the terms of the Offer and the Accommodation Rules, and bears joint and several liability to the Provider for the acts/omissions of the Guests accommodated under their booking, including damage to the Provider's property, breach of the accommodation rules and non-payment for additional services.
1.4. Full and unconditional acceptance of the terms of this Offer shall be deemed to be the performance by the Customer of any of the following actions:
- booking the Provider's services on the official website, by telephone or through booking systems;
- full or partial payment for the services.
1.5. By accepting, the Customer confirms that, prior to concluding the contract, they received sufficient information about the Provider, the room category, the price, the composition of the services, the terms of payment, check-in, check-out, cancellation and refund, the accommodation rules and other material terms.
1.6. In this Offer, unless the context requires otherwise, the terms below have the following meanings:
«Offer» — a public proposal by the Provider, addressed to any natural person (citizen), to conclude with them a contract for the provision of hotel services (hereinafter — the «Contract») on the existing terms contained in the Contract, including all its annexes.
«Customer» — a natural person who has concluded a Contract with the Provider on the terms contained in this Offer.
«Acceptance» — full and unconditional acceptance by the Customer of the terms of the Offer.
«Services» — the list of items of the range presented on the official website, such as accommodation and meals.
«Characteristics of services» — a property of a specific item of services presented on the official website, such as the length of stay, room type and meal plan.
«Order» — individual items from the range of Services specified by the Customer when submitting a request on the website or through the Operator.
2. SUBJECT OF THE CONTRACT
2.1. The Provider undertakes to provide the Customer with temporary accommodation services at the Baytur Resort & SPA, as well as additional services, and the Customer undertakes to pay for them in accordance with the Provider's rates.
2.2. The room category, the period of stay and the price are determined at the time of booking or check-in.
2.3. The Provider renders services in the standard form corresponding to the category of the Resort and the legislative norms of the Kyrgyz Republic. The quality of the services is confirmed by their conformity with the description on the official Website.
2.4. The Customer's subjective assessment of the level of comfort, the aesthetic characteristics of the interior, personal taste preferences in food or other characteristics of an emotional and evaluative nature does not constitute grounds for recognising the services as not rendered or rendered of improper quality. Acceptance of the Offer means the Customer's agreement with the Provider's standard service delivery standards.
3. PLACING AN ORDER
3.1. Services are ordered by the Customer through the website https://resort.baytur.kg/, by telephone, via messengers, through the Resort administrator or through other channels used by the Provider.
3.2. When making a booking, the Customer undertakes to provide the following registration information about themselves: surname, first name and patronymic; actual residential address; e-mail address; contact telephone number; passport details (where necessary).
3.3. Bank card payment details and other electronic payment credentials are processed by the bank, the payment organisation, the payment aggregator or another provider of payment infrastructure. The Provider receives only the information necessary to confirm payment, record the payment, process refunds and perform the contract, unless the applicable rules of the payment service expressly provide otherwise.
3.4. When placing an Order through the Operator, the Customer undertakes to provide the information specified in clause 3.2 of this Contract. The Customer accepts the terms of this Contract by entering the relevant data into the registration form on the website or when placing an Order through the Operator. The Customer has the right to edit their registration information. The Operator does not change or edit the Customer's registration information without the latter's consent. The Provider undertakes not to disclose the Customer's data provided upon registration on the website https://resort.baytur.kg/ when placing an Order to persons not involved in the fulfilment of the Order. Having confirmed the Order for the selected Services, the Customer provides the Operator with the necessary information in accordance with the procedure set out in clause 3.2 of this Contract.
3.5. The Provider and the Operator bear no responsibility for the content and accuracy of the information provided by the Customer when placing an Order.
3.6. The Customer is responsible for the accuracy of the information provided when placing an Order.
3.7. Payment by the Customer for an Order placed independently on the website means the Customer's agreement with the terms of this Contract. The day of payment for the Order is the date of conclusion of the Contract for the provision of Services between the Provider and the Customer.
3.8. All information materials presented on the website https://resort.baytur.kg/ are for reference only and cannot fully convey accurate information about certain properties and characteristics of the Services. Should the Customer have any questions concerning the properties and characteristics of the Services, they should seek advice from the Operator before placing an Order.
4. PAYMENT AND BOOKING PROCEDURE
4.1. Payment for an Order is made by the Customer transferring funds by electronic money transfer. Confirmation of payment for a fulfilled Order is the receipt of funds into the Provider's settlement account, as well as a fiscal receipt or an incoming cash order where the order is paid for in cash.
4.2. Full payment of the cost of the services is made by the Customer no later than the moment of check-in at the Resort. Check-in without confirmation of payment in full is not permitted. Confirmation of payment is a statement of the electronic payment.
4.3. The cost of services is established by the Provider's Price List, the current version of which is posted on the Provider's official website https://resort.baytur.kg/ as well as on the Provider's official Instagram account, and is communicated to the Customer by the call centre Operator upon request. In the event of any discrepancy between the sources of information, the information posted on the official website shall prevail.
4.4. The cost of services is established by the Provider's Price List in force on the date of booking. In the case of a guaranteed booking, the Customer pays a deposit in the amount established by the terms of the selected rate.
4.5. The Provider has the right to change the Price List unilaterally. A change in price does not apply to bookings already confirmed and paid for.
4.6. The cost of Services with individual Characteristics ordered through the Operator by e-mail or by telephone is calculated individually for each Order, depending on the requested Characteristics of the Services.
4.7. Additional services not included in the agreed package are paid for by the Customer separately according to the Price List in force at the time they are actually rendered.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Provider shall:
5.1.1 Render services to the Customer of proper quality in the scope and within the timeframes provided for by the booking confirmation and this Offer.
5.1.2 Provide the Customer with comfortable accommodation conditions and safety of their life, health and property in accordance with the applicable law of the Kyrgyz Republic.
5.1.3 Provide accurate information about the services, the conditions of their provision and the price.
5.1.4 Maintain the confidentiality of Guests' personal data in accordance with the requirements of the law of the Kyrgyz Republic.
5.1.5 Where it is impossible to render the ordered services, notify the Customer in good time and take steps to resolve the situation.
5.2. The Provider has the right to:
5.2.1 Refuse to render services or terminate the Contract unilaterally in the following cases: breach by the Customer of the internal rules; creation of a threat to the life, health or property of other visitors or staff; the existence of medical contraindications to certain treatments.
5.2.2 Engage third parties to render certain types of services without prior notice to the Customer, while remaining responsible for their quality.
5.2.3 Temporarily restrict access to individual infrastructure facilities in connection with technical or preventive works, having notified the Customer in advance.
5.3. The Customer shall:
5.3.1 Pay for the services in full and in good time in the manner provided for by section 4 of this Offer.
5.3.2 Provide precise and accurate information at the time of booking and registration.
5.3.3 Comply with the internal rules of the Resort and with sanitary and fire safety requirements.
5.3.4 The Customer shall treat the Resort's property with care. In the event of damage to property, including damage to, breakage or loss of tableware and utensils (glasses, wine glasses, champagne flutes, plates, etc.), the Customer shall compensate the damage in full in accordance with the current Price List for property damage approved by the Provider.
5.3.5 Inform the Provider in good time of any chronic illnesses, allergic reactions and other medical contraindications that may affect the provision of services.
5.3.6 Upon departure, vacate the occupied room by 12:00 (twelve o'clock) local time, unless otherwise agreed separately.
5.4. The Customer has the right to:
5.4.1 Demand proper performance by the Provider of its obligations as to the scope and quality of the services.
5.4.2 Use all of the Resort's infrastructure within the limits of the paid service package and the internal rules.
5.4.3 Order additional services not included in the package in accordance with the current Price List.
5.4.4 Address claims, complaints and proposals to the Resort administration in the established manner.
6. PROCEDURE FOR AMENDING AND TERMINATING THE CONTRACT
6.1. Where it is impossible to render the services through the fault of the Provider, the Provider has the right, within a reasonable period, to remedy the breach, offer a replacement room of an equivalent or higher category, a change of dates, an alternative service or another proportionate settlement. If remedy is impossible or the Customer reasonably refuses the alternative, the Provider shall refund the cost of the part of the services not rendered. The cost of services actually rendered properly is not refunded.
6.2. In the case of voluntary early departure on the Customer's initiative not connected with the quality of the Provider's services, the Customer pays for the time actually spent. In addition, in accordance with Article 41 of the Law of the Kyrgyz Republic «On Consumer Rights Protection», the Customer shall compensate the Provider for losses caused by early termination of the Contract (room downtime, booking costs) in the amount of 50% of the cost of the unused days of accommodation.
6.3. The Customer has the right to cancel a booking by notifying the Provider through the official website, by e-mail, through the call centre or through another communication channel indicated on the Website.
6.4. Where a booking is cancelled more than 72 (seventy-two) hours before the scheduled check-in date, the deposit paid shall be refunded to the Customer in full within 10 (ten) working days of receipt of the cancellation notice.
6.5. Where a booking is cancelled less than 72 (seventy-two) hours before the scheduled check-in date, or in the case of the Customer's no-show without prior notice, the Provider retains funds in the amount of the cost of the first night of accommodation (for 1 day) as compensation for booking costs incurred. The balance of the deposit paid (if any) shall be refunded to the Customer within 10 (ten) working days of receipt of the cancellation notice.
6.6. If the booking was made for 1 (one) day of accommodation and such booking is cancelled by the Customer less than 72 (seventy-two) hours before the scheduled check-in date, the Provider retains funds in the amount of 30% (thirty per cent) of the deposit paid by the Customer as compensation for booking costs incurred. The balance of the deposit paid (if any) shall be refunded to the Customer within 10 (ten) working days of receipt of the cancellation notice.
6.7. The date and time of cancellation of a booking shall be deemed to be the moment when the Provider actually receives the relevant notice from the Customer.
7. CHECK-IN, CHECK-OUT AND ACCOMMODATION CONDITIONS
7.1. Standard check-in time is from 15:00 local time. Standard check-out time is until 12:00 local time, irrespective of the time the Customer actually checked into the room.
7.2. In the event of the Customer's delayed departure after the settlement hour (late check-out), the accommodation charge is levied as follows:
for departure between 12:00 and 15:00 — 20% of the room rate for one full day;
for departure between 15:00 and 18:00 — 50% of the room rate for one full day;
for departure after 18:00 — 100% of the room rate for one full day.
7.3. Upon check-in, the Customer must present an identity document (passport, identity card, entry document for foreign nationals) as well as the booking confirmation.
7.4. Accommodation of pets is permitted only with the Provider's corresponding permission and subject to compliance with the established rules and restrictions.
7.5. If the Customer is more than 24 (twenty-four) hours late from the check-in date without prior notice to the Provider, the booking may be cancelled. No refund is made in such a case.
8. LIABILITY OF THE PARTIES
8.1. For non-performance or improper performance of obligations under this offer, the Parties bear liability in accordance with the applicable law of the Kyrgyz Republic.
8.2. The Provider bears no liability for:
- harm caused to the life, health or property of the Customer as a result of their breach of the internal rules or of sanitary or fire safety requirements;
- loss of or damage to the Customer's personal valuables not deposited with the Provider for safekeeping in the established manner;
- non-performance of obligations due to circumstances of force majeure specified in section 9;
- deterioration of the Customer's well-being caused by improper notification of the Provider about medical contraindications.
8.3. The Customer bears liability for damage caused to the Provider in full, including direct losses and the costs of repairing/replacing the damaged property.
8.4. The Provider bears liability for the safekeeping of the Customer's belongings (clothing, luggage, equipment) located in the room, in accordance with Article 919 of the Civil Code of the Kyrgyz Republic.
8.5. The Provider bears liability for the loss of money, jewellery and securities only if they were deposited for safekeeping in the safe at reception.
8.6. The Provider strongly recommends using the safe to store valuables, including during routine cleaning of the room.
8.7. Upon discovering the loss of or damage to belongings, the Customer must immediately (without delay) notify the Resort Administration. If the Customer has not reported the loss before departure, the Provider is released from liability for the safekeeping of the belongings (clause 3 of Article 919 of the Civil Code of the Kyrgyz Republic).
9. FORCE MAJEURE
9.1. The Parties are released from liability for partial or complete non-performance of obligations under this offer if such non-performance resulted from circumstances of force majeure arising after the conclusion of the Contract which the Parties could not have foreseen or prevented.
9.2. Circumstances of force majeure include, in particular: natural disasters (earthquake, flood, landslide and other natural catastrophes); epidemics, pandemics and quarantine restrictions imposed by the competent authorities; military action, armed conflicts; decisions of state authorities preventing the performance of obligations; accidents at infrastructure facilities outside the Parties' control.
9.3. The Party affected by force majeure circumstances must notify the other Party in writing within 3 (three) working days of their occurrence.
9.4. Upon the occurrence of circumstances of force majeure, either Party has the right to terminate the Contract without the application of penalties. The funds paid by the Customer are subject to refund in full.
10. PROCEDURE FOR HANDLING CLAIMS AND DISPUTES
10.1. In the event of disagreements or claims, the Customer shall send a written claim to the Provider using the details indicated on the Provider's Website.
10.2. The Provider shall consider the claim and send a reasoned response within 10 (ten) working days of its receipt.
10.3. Should it prove impossible to settle a dispute out of court, the dispute shall be considered by the Oktyabrsky District Court of the city of Bishkek (contractual jurisdiction).
10.4. The law of the Kyrgyz Republic applies to this offer and to the relations between the Parties.
11. TERM OF THE OFFER AND PROCEDURE FOR AMENDMENTS
11.1. This offer enters into force from the moment it is posted on the Website and is valid until it is withdrawn or replaced by a new version.
11.2. The Provider reserves the right to amend the terms of this offer unilaterally. Amendments enter into force from the moment the updated version is posted on the Website, unless otherwise stated in the new version itself.
11.3. If the Customer accepted the offer (including by paying a deposit) before the amendments entered into force, the version of the offer in force at the moment of acceptance applies to the relations between the Parties.
11.4. The Provider has the right to withdraw this offer at any time by means of a notice posted on the Website. Withdrawal of the offer does not affect Contracts already concluded.
11.5. A court's recognition of any provision of this Offer as invalid or unenforceable does not entail the invalidity or unenforceability of the other provisions of the Offer.
12. PROVIDER'S DETAILS
Pansionat-Keremet LLC
Registered address: Kyrgyz Republic, Issyk-Kul Region, Bosteri village, Keremet Boarding House
TIN: 01604199910194
OKPO: 22099068
Tel: +996701990000
+996 551 990 000
+996 770 990 000
E-mail: Reservation.issykkul@baytur.kg
This English text is provided for the convenience of guests. The legally binding version is the Russian one; in the event of any discrepancy, the Russian text shall prevail.