Public Offer

PUBLIC OFFER AGREEMENT / PUBLIC CONTRACT

Trevabook LLC, hereinafter referred to as the "Provider", represented by its General Director, Shamaksutova Shakhnoza Shayakubovna, acting on the basis of the Company's Charter, hereby enters into this Public Contract for the Provision of Paid Services (hereinafter referred to as the "Agreement") with any individual, hereinafter referred to as the "Customer."

This Agreement constitutes an agreement for the provision, on a paid basis, of vehicle rental services, as well as the booking of tourism, excursion, transfer, and other related services offered by the Provider through the website www.bishkekbook.kg. The Agreement is concluded by means of a public offer and governs the procedure for providing such services and the obligations of the Parties.

The text of this Agreement is published by the Provider on the Internet at: www.bishkekbook.kg

The Parties, guided by Paragraph 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 Provider undertakes to provide vehicle rental services, as well as tourism and related services, and the Customer undertakes to pay the Provider the agreed remuneration.

1.2. The services shall be provided by the Provider through the website www.bishkekbook.kg.

1.3. The following terms are used in this Agreement:

  • Website – the website available on the Internet at www.bishkekbook.kg.
  • Personal Account – a secure section of the Website created after the Customer's registration and accessible by entering the Customer's authentication credentials (email address and password) into the designated fields on the Website.
  • Invoice – an invoice, pro forma invoice, price agreement protocol, or any similar document specifying the cost of the services and, where applicable, the payment procedure.

1.4. Unless the context requires otherwise, all terms and definitions used in this Agreement shall apply equally whether used in the singular or plural form.

1.5. The Customer may use the vehicle rental, tourism, excursion, transfer, and other related services in accordance with this Agreement during the period indicated on the Website.

1.6. Within the scope of this Agreement, the Provider does not provide individual consultations unrelated to the subject matter of this Agreement.

2. Procedure for Concluding the Agreement and Granting Access

2.1. This Agreement constitutes a public contract under which the 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 Provider addressed to an indefinite number of persons to conclude this Agreement in accordance with Paragraph 1 of Article 386 and Paragraph 2 of Article 398 of the Civil Code of the Kyrgyz Republic.

2.3. This Agreement shall be concluded by the Customer's accession to its terms in full, without any conditions, reservations, amendments, or exceptions, through acceptance in accordance with Article 387 of the Civil Code of the Kyrgyz Republic.

2.4. The Customer's payment for the requested services in accordance with the terms of this Agreement shall constitute acceptance of this public offer.

Where the Customer pays for the services using credit facilities provided by a bank, acceptance shall also be deemed to occur upon the Customer entering into the relevant financing agreement with the bank for the purpose of paying for the Provider's services, in accordance with Paragraph 3 of Article 399 of the Civil Code of the Kyrgyz Republic.

2.5. By accepting this public offer in accordance with this Agreement, the Customer confirms full agreement with all of its terms as written. Pursuant to the Civil Code of the Kyrgyz Republic, the Customer shall be deemed to have entered into contractual relations with the Provider on the basis of this Agreement. In accordance with Paragraphs 2 and 3 of Article 395 and Paragraph 3 of Article 399 of the Civil Code of the Kyrgyz Republic, this Agreement shall be deemed to have been concluded in written form.

2.6. After completion of the actions specified in Clause 2.4 of this Agreement, the Provider shall grant the Customer access to the booking confirmation for vehicle rental, tourism, excursion, transfer, and other related services through the Customer's Personal Account on www.bishkekbook.kg.

3. Rights and Obligations of the Parties

3.1. The Provider shall:

3.2. Provide the Customer with vehicle rental services, as well as booking services for tourism, excursion, transfer, and other related services, in accordance with the terms of this Agreement and the booking confirmation issued through www.bishkekbook.kg.

3.3. Provide customer support regarding the provision of services and/or the operation of the Website on business days from 09:00 to 18:00.

3.4. Customer support inquiries shall be submitted by the Customer via email to: support@bishkekbook.com

3.5. In the event that any errors or defects in the operation of the Website are identified and are attributable to the Provider, the Provider shall remedy such errors or defects at its own expense and using its own resources.

3.6. Refund payments made by the Customer in the cases and under the conditions provided for in this Agreement.

The Provider shall have the right to:

  1. Amend the conditions for providing the services, including the pricing and service procedures published on www.bishkekbook.kg.
  2. Engage third parties to perform its obligations under this Agreement without obtaining the Customer's prior consent.
  3. Replace any third parties engaged for the performance of this Agreement.
  4. Temporarily suspend the operation of the Website in order to carry out scheduled maintenance, technical upgrades, or repair work.
  5. Modify the prices of the services by publishing the updated prices on the Website.
  6. Request from the Customer any information or documents necessary for the proper performance of this Agreement.

4. The Customer shall:

  • Not use software or perform any actions intended to disrupt the normal operation of the Website.
  • Not upload, store, publish, distribute, or otherwise use viruses, Trojan horses, malware, or any other harmful software.
  • Not use automated scripts, bots, or software to collect information from the Website without the Provider's prior written consent.
  • Not register as another person or on behalf of another individual, group of persons, legal entity, or sole proprietor.
  • Not publish or otherwise disclose personal data belonging to other persons, including login credentials for their Personal Accounts, nor attempt to obtain such information.
  • Immediately notify the Provider of any unauthorized access to the Customer's Personal Account.
  • Keep the login credentials for the Personal Account confidential and not disclose them to third parties.
  • Use the Website and its functionality solely for personal or other non-commercial purposes.
  • Provide complete, accurate, and up-to-date information necessary for the provision of the services, including during registration on the Website.
  • Pay for the services within the time limits and in accordance with the conditions established by this Agreement, the applicable invoices, and/or the arrangements confirmed through the Personal Account.

5. The Customer shall have the right to:

  • Submit comments, suggestions, and feedback to the Provider regarding the services provided under this Agreement and/or the operation of the Website or Personal Account.
  • Use access to the booked vehicle rental, tourism, excursion, transfer, and related services solely for personal and non-commercial purposes.
  • Receive customer support regarding the provision of services and the operation of the Website throughout the duration of this Agreement.
  • Obtain access to the booking confirmation for vehicle rental, tourism, excursion, transfer, and related services on www.bishkekbook.kg after fulfilling the conditions specified in Section 2 of this Agreement.

6. Service Fees and Payment Procedure

6.1. The price of the Services shall be indicated on the Website and/or in the Booking Confirmation.

6.2. Before payment is completed, the following information shall be made available to the Customer on the Payment Page:

6.2.1. the name of the selected Service;

6.2.2. the total amount payable;

6.2.3. the currency of the transaction;

6.2.4. any applicable fees and/or optional paid services selected by the Customer;

6.2.5. a link to this Agreement, the Payment and Refund Policy, and the Privacy Policy.

6.3. Payment shall be made using the payment methods available on the Website at the time the order is placed, including Visa, Mastercard, ELCARD, and any other payment methods expressly indicated on the Website.

6.4. The final amount payable and the transaction currency shall be determined and displayed on the Payment Page before the Customer confirms payment.

6.5. The Customer's payment obligation shall be deemed fulfilled upon the successful completion of the payment and the receipt of funds by the Provider, or upon the Provider receiving confirmation from its payment partner that the payment has been accepted.

6.6. The Provider is not a credit institution and does not provide loans or financing to the Customer. Where payment is made using a credit product offered by a bank or another financial institution, the relationship between the Customer and such bank or financial institution shall be governed exclusively by their separate agreement.

6.7. The Provider reserves the right to change the prices of the Services published on the Website. Such changes shall apply only to new bookings and shall not affect bookings that have already been confirmed and paid for, unless otherwise expressly agreed with the Customer.

7. Liability of the Parties. Limitation of Liability

7.1. In the event the Customer breaches the terms of this Agreement, the Customer shall, upon the Provider's written request and without the need for court proceedings, pay a contractual penalty of KGS 5,000 (five thousand Kyrgyz soms) for each violation.

7.2. If the Customer breaches the terms of this Agreement, the 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 previously paid.

7.3. The Customer shall pay the contractual penalty within fifteen (15) calendar days from the date of receipt of the Provider's claim or notice.

The Provider shall not be liable for:

  • the content of information published in messaging applications (including WhatsApp and Telegram) created on the initiative of users, including the Customer;
  • the use by third parties of personal data disclosed by the Customer in such messaging groups;
  • the quality of the Customer's Internet connection or the functioning of the Customer's equipment or software;
  • the Customer's equipment failing to meet the technical requirements necessary for the use of the Website or the Services, where such requirements have been established;
  • any discrepancy between the Services provided under this Agreement and the Customer's subjective expectations. The Customer's personal assessment shall not constitute an objective measure of service quality;
  • errors or inaccuracies made by the Customer while using the Website, including but not limited to incorrect information entered when placing an order or making a booking;
  • the use or inability to use the payment method selected by the Customer and any consequences arising therefrom;
  • the acts or omissions of banks, payment institutions, or other third parties involved in processing payments or refunds.

The Provider shall make all reasonable efforts to prevent interruptions or technical failures of the Website. However, the Provider does not guarantee uninterrupted operation of the Website and shall not be liable for, nor compensate any losses arising from, technical failures, interruptions caused by Internet service providers or other third parties, restrictions on Internet access, the Customer's failure to safeguard login credentials, or any other circumstances beyond the Provider's reasonable control.

Neither Party shall be liable for any total or partial failure to perform its obligations under this Agreement where such failure results from force majeure events, including but not limited to fire, flood, earthquake, other natural disasters, strikes, war, military actions, epidemics, pandemics, or any other circumstances beyond the reasonable control of the Parties that arise after the conclusion of this Agreement.

If the Customer fails to perform or improperly performs any obligations under this Agreement, the Provider shall have the right to terminate this Agreement unilaterally without judicial proceedings by sending written notice to the Customer via the email address previously provided by the Customer. The Agreement shall terminate on the date specified in the notice, or, if no date is specified, on the date the notice is sent.

8. Intellectual Property. Confidentiality

8.1. In connection with the provision of the Services, the Customer may be granted access to intellectual property belonging to the Provider and/or third parties with whom the Provider has entered into the relevant agreements (hereinafter referred to as the "Intellectual Property").

8.2. Intellectual Property includes, but is not limited to, the results of intellectual activity owned by the Provider and/or third parties, including software used on the Website, information resources, service descriptions, marketing materials, photographs, images of vehicles, images of tourist attractions, and other protected materials.

The Customer shall:

  • refrain from any actions that infringe the intellectual property rights of the Provider or third parties, including copying, recording, reproducing, distributing, modifying, adapting, creating derivative works from, or otherwise using any Intellectual Property without the Provider's prior written consent;
  • immediately notify the Provider of any known infringement of the Provider's or any third party's intellectual property rights;
  • not disclose or provide login credentials for the Personal Account on www.bishkekbook.kg to any third party.

If the Customer loses access credentials or becomes aware of unauthorized access to the Personal Account, the Customer shall immediately notify the Provider by email at support@bishkekbook.com

8.3. Until such notification has been received by the Provider, all actions performed using the Customer's login credentials shall be deemed to have been performed by the Customer.

8.4. Confidential Information means any information relating to the provision of the Services that has not been made publicly available by the Provider and is not otherwise publicly known. The Customer undertakes not to disclose any Confidential Information or other information received from the Provider during the provision of the Services, except where such information is publicly available or disclosure has been authorized in writing by the Provider.

8.5. The Provider shall have the right to use, for marketing and promotional purposes, materials created by the Customer in connection with booking or using the Services and may identify the Customer as a client of the Provider.

9. Miscellaneous Provisions

9.1. The Customer confirms that they have full legal capacity and have reached the age required under the laws of the Kyrgyz Republic to enter into transactions for booking vehicle rental services and tourism-related services through the website www.bishkekbook.kg.

9.2. The Customer acknowledges and unconditionally agrees that the Provider may refuse to provide the Services in the following cases:

  • the payment authorization is not confirmed by the Customer's bank or the electronic payment system used for payment through www.bishkekbook.kg;
  • the Customer initiates a refund procedure in the cases and in accordance with the procedure established by this Agreement for vehicle rental and tourism-related services;
  • in any other cases provided for by the legislation of the Kyrgyz Republic or this Agreement.

10. Final Provisions

10.1. This Agreement shall be deemed concluded from the moment the Customer performs the actions specified in Clause 2.4 of this Agreement and shall remain in force until the Parties have fully fulfilled their respective obligations.

10.2. The Provider shall have the right to amend the terms of this Agreement, introduce new provisions, or add annexes to this Agreement without prior notice to the Customer.

The Customer acknowledges the possibility of such amendments and agrees that continued use of the Website www.bishkekbook.kg, including making bookings for vehicle rental or tourism-related services after such amendments have been published, shall constitute acceptance of the amended Agreement.

10.3. Any amendments, additions, or revised versions of this Agreement shall be published on the Website and shall become publicly available from the date of publication.

10.4. The Parties expressly agree that silence (including the absence of any written objection to amendments or changes in pricing) shall constitute the Customer's acceptance of the revised version of this Agreement.

10.5. This Agreement may be terminated at any time by mutual written agreement of the Parties.

10.6. Either Party may terminate this Agreement unilaterally by giving the other Party at least fifteen (15) calendar days' prior notice through the Personal Account or by email.

10.7. If any provision of this Agreement is held to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

10.8. Any matters not expressly governed by this Agreement shall be governed by the applicable laws of the Kyrgyz Republic.

10.9. Any disputes, claims, or disagreements arising between the Parties shall first be resolved through negotiations. If the Parties are unable to reach an amicable settlement, the dispute shall be referred to the competent courts of the Kyrgyz Republic in accordance with the applicable legislation, subject to compliance with the mandatory pre-trial dispute resolution procedure.

10.10. A Party that believes its rights under this Agreement have been violated shall first submit a written claim to the other Party. A claim shall be deemed properly submitted if it is sent by any method that allows the identity of the sender and the fact of delivery to be established. The return of correspondence due to the recipient's absence shall not prevent the submitting Party from bringing the matter before the courts. Copies of supporting documents need not accompany the claim where such documents are already available to the receiving Party.

10.11. The Party receiving a claim shall provide a written response within ten (10) business days from the date of receipt. Failure to respond or to provide reasoned objections within this period shall be deemed acceptance of the claim and the circumstances set out therein.

10.12. The Parties recognize the legal validity of documents exchanged electronically or through the Personal Account on the Website.

10.13. The Customer consents to the Provider processing the Customer's personal data provided during registration, booking, or use of the Website in accordance with the Provider's Privacy Policy published on the Website.

10.14. The Customer grants the Provider permission to use reviews published by the Customer regarding the Provider and its Services, including reviews posted on the Provider's official social media pages or elsewhere on the Internet, without identifying the Customer by full name or using the Customer's image. Such reviews may be edited, shortened, or otherwise adapted, provided their meaning is not distorted, and may be used on the Provider's websites, social media pages, promotional materials, newsletters, and other marketing communications.

This consent shall remain valid from the date this Agreement is concluded and may be withdrawn at any time by submitting a written request to the Provider.

10.15. The Customer consents to receiving advertising materials, promotional offers, newsletters, information about the Provider's services and those of its partners, special offers, competitions, surveys, and other marketing communications via email, telephone, SMS, push notifications, postal mail, and messaging applications, including Telegram and WhatsApp.

11. Details of the Parties

11.1. Customer Details

The Parties agree that the Customer's details shall be those provided during registration on the Website, when placing a booking request, or when making payment for the Provider's services.

11.2. Provider Details

"Trevabook" Limited Liability Company

Address:
20/1 Ankara Street,
Oktyabr District,
Bishkek,
Kyrgyz Republic

Registration Authority:
State Tax Service – Oktyabr District

OKPO:
34303634

Tax Identification Number (TIN):
01510202510573

Bank:
OJSC Optima Bank

Bank Account:
1091821021150178

BIC:
109018