This public offer of LLC «TNH-SARMOYA» (TIN: 207020083, registered legal address: 12B Afrosiab street, Tashkent city) (hereinafter referred to as the "Agent") is an official offer addressed to the users of the hotel reservation service, ordering transfer services, taxi, car rental, tourist insurance, tour purchase and hiring guides on the site www.uzbekistanpass.uz and by the mobile application of Uzbekistan Pass (hereinafter referred to as the "User") wishing to enter into the Contract on booking/ordering services with the Agent on the conditions set in present offer (hereinafter - “the Offer”).
This document is a public offer in accordance with Part 2 of Article 369 of the Civil Code of the Republic of Uzbekistan.
This public offer Contract (hereinafter referred to as the "Contract") is concluded in a specific order: by the User’s acceptance of present public offer containing all the essential terms of the Contract, without signing by the parties. This Contract has a legal force in accordance with Article 369 of the Civil Code of the Republic of Uzbekistan and is equivalent to a contract signed by the parties.
This contract is considered to be an adhesion contract. A fact confirming the full and unconditional acceptance of the conditions set out below, and acceptance of this public offer is an action of making the Booking/Order by the User on the Site and/or via the mobile application.
This Contract is considered signed when the Agent receives the User's Acceptance. The acceptance is received by the Agent when the user clicks the "BOOK/ORDER" button.
TERMS AND DEFINITIONS
Hotel - any room (hotel, boarding house, sanatorium, recreation center, guest house, hostel, etc.), in relation to which the User has made reservation. The parties further agreed to use the general term "Hotel" as the name of the User's place of accommodation (residence), regardless the intended place of its actual accommodation (residence) under the Hospitality Booking Services Agreement;
Room - room in the Hotel (and in the applicable cases also the house (cottage) and its parts, apartments, bed/bunk in common rooms, etc.), which is subject to the Contract for the reservation of Hotel services;
Hotel services - services provided by the Principal for accommodation (residence) in Hotel Rooms, as well as other services offered by the Principal to Users through the Site;
The user - a capable natural or legal person of at least 18 years old who has a legal right to enter into a contractual agreement with the Agent, including making a reservation;
The client - an effective natural or legal person of at least 18 years old who has made a reservation in the booking system of the Agent and has a Voucher;
A group of clients - a group of capable individuals (2 or more people), of at least 18 years old, who has booked a room in the booking system of the Agent independently or through their representatives and has a Voucher(s);
The best price offer - the initial prices offered by the Principal (i.e. the prices before applying the discount "UzbekistanPass") to the hotel services of the Hotel through the Agent's Reservation System, which should not be higher than the prices offered through other online reservation systems;
Activated electronic discount card "UzbekistanPass" - an electronic and physical discount card with a fixed period of validity, during which the User receives a guaranteed discount for the Principal services in the amount and on the terms stipulated between the Principal and the Agent;
Active discount "UzbekistanPass" - activated electronic discount code "UzbekistanPass" with a valid period of validity on mobile device, either on physical media (discount card) or other personal information provided by the Client to the Principal and confirmed by the Agent's Reservation System, after which the Principal agrees to transfer guaranteed discount on their services to the Client;
"UzPass" Discount - a discount rate offered by the Principal to Clients who book rooms through the Agent Reservation System or at the Hotel Registration desk using the active discount "UzbekistanPass". The minimum interest rate is 10% (ten percent). In Appendix No. 1 (in paragraph "UzPass Discount"), the Principal may specify another higher discount rate, at its discretion;
The site - a public resource on the Internet, located at: www.uzbekistanpass.com (or www.uzpass.com), its version intended for mobile devices, as well as in the form of applications (programs), and its fragments included as the part of other resources (websites) with the Agent’s permission and the sites of the Partners and third parties of the Agent;
The booking system - a software package available on the Agent's website, designed for information search about hotels, tour operators, guides, taxi service, transfer, car rental, insurance company and its services, as well as for Booking and paying for their services. The information in the Reservation System can be changed or complemented as a consequence the User is encouraged to use the Online Booking System;
The service provider - a company offering hotel services, tour operator services, tour guide, taxi order, transfer, car rental, long-distance transportation of passengers, insurance services on the site www.uzbekistanpass.com and by mobile application "UzbekistanPass" and consisting in a contractual relationship with the Agent;
Booking/Order of the service - a combination of the User's actions, as a result of which a Contract was made between the User and the Agent on the booking/order of hotel services, tour operator services, tour guide, taxi, transfer, car rental, insurance company, and within which the User has paid the cost of Booking/Order on the site by the Prepaid tariff or has undertaken to pay the cost of the Booking by Postpaid Tariff directly to the service provider;
Cancellation Policy of the Booking – terms for Booking/Order cancellation set by the Service Provider, including reservations of the hotel rooms by the User and liability (fines) for non-compliance of these conditions by the User;
Refundable rate - the cost of booking services established unilaterally by the Hotel, cancellation of which is allowed by the User before the date of the penalty;
Non-refundable rate - the cost of booking services established unilaterally by the Hotel, cancellation of which is not allowed by the User, and upon cancellation of which the Reservation cost is fully or partially withdrawn by the Hotel from the User unilaterally;
The occurrence date of penalties - the date, until which the Booking by the Return tariff can be canceled by the User, and after which, depending on the rules established by the Hotel, the User is penalized for cancellation of the Booking or the Return Rate becomes Non-Returnable. The date of the penalty is indicated on the Hotel pages, booking, as well as in the Voucher and in the User's Personal Cabinet;
The voucher - an official confirmation in Russian and English of the completed Booking by the User, containing all the necessary information about the Hotel, as well as name, location, dates of arrival and departure, information on the categories and date of Booking creation, the configuration of the beds, information about the prepayment (in its presence), conditions on the possibility and terms of Booking cancellation, the occurrence date of penalties by the Refundable tariff, the Client’s responsibility for non-compliance with the Policy of Booking cancellation set by the Hotel, the responsibility for Non-arrival of the Client in the reserved room, other information, determined at the discretion of the hotel;
Non-arrival - the Client's failure to appear at the Hotel for check-in in the reserved room until the time specified in the Voucher;
Tourism - the departure (journey) of an individual from a permanent place of residence for a period of not more than one year in health, cognitive, professional and business purposes or other purposes without the purpose of engaging in paid activity in place of stay;
Tourist - an individual who carries out a journey (tourism) through the territory of the Republic of Uzbekistan or to another country;
Tour - a tourist trip on a certain route in a specific time, provided with a complex of tourist services (booking, accommodation, meals, transportation, recreation, excursions and other services);
Tourist services - services of subjects of tourist activities for accommodation, meals, transport, information and advertising services, as well as other services aimed at meeting the needs of the tourist;
The head of the tourist group - an individual who is a representative of the subject of the tourist activity and acts on his behalf, accompanies tourists, ensures the fulfillment of the contract terms for the provision of tourist services;
Tour guide - an individual who provides excursion and information, organizational services and qualified assistance to tour participants within the scope of the contract for the provision of tourist services;
Tourist ticket (voucher) - a document that confirms the right of a tourist or a group of tourists to the tourist services included in the tour and confirms the fact of their provision;
Taxi service - services provided by the Taxi Service for finding, calling and paying a taxi through the mobile application UzbekistanPass or taxi.uz;
Taxi service - a legal entity (or taxi company) that has a valid license for the services provision for the transportation of passengers by automobile transport (taxi), and also has a taxi car in its park with corresponding marks, which is the partner of the Agent;
Transfer services - rendered services by the specialized company for transportation of the Client and his luggage on the routes "Airport - Hotel", "Hotel - Airport", "Railway Station - Hotel" and "Hotel - Railway Station" by automobile transport;
Long-distance transportation - services of partners in the organization and implementation of long-distance transportation for passengers - foreign tourists by motor vehicles (minivan, minibus, bus);
The driver - a taxi driver of transfer service, a long-distance transport that carries out direct transportation of the Client on the ordered route to which the Client can present his active discount "UzbekistanPass";
Cashbox - the car of the Taxi Service, the Transfer Service, as well as the long-distance transport with the driver who has a terminal for receiving payment from the Client on the bank card or other equipment that can confirm the fact of payment by the Client of taxi services in cash or directly to the office or other place of location of the Taxi Service, where it is possible to receive payment from the Client on a bank card or in cash is considered to be a cashbox within the framework of this offer;
The agent is in contractual relations with the Service Provider and carries out on his own behalf legal and actual actions, but at the expense of the Service Provider, including:
• provision of access to the Site by the Service Provider, whereby the Service Provider is able to enter information about the service (including the Hotel) and provide Hotel Room numbers and other services for Booking/Order for the Users;
• implementation of a set of measures to maintain the site's working capacity and attract Users to the Site for Booking/Order services of Provider;
• posting information about the services provided on the Site to enable the Site Users to make the Booking/Order services.
The contract of the Booking/Order concluded between the User and the Agent, relates exclusively to the Booking/Order and regulates the relationship of the Agent and the User that occurred before the User's purchase of the service (the User's settlement in the Hotel). The Agent does not participate in the relationship between the Service Provider (including the Hotel) and the User regarding the provision of services to the User and is not responsible to the User for failure to provide/inadequate service provision under any circumstances, except cases indicated in this Offer.
The Agent provides the User with the opportunity to make a Booking/Order of the selected service, and also contributes to the resolution of disputes arising in the relationship between the User and the Provider regarding the provision of services.
When making an online payment for the services booked/ordered on the Site using the activated discount card "UzbekistanPass" with a valid term, the User receives a discount in the amount set by the Service Provider.
The User has the right to receive a discount on the Service cost and when paying for the booked/ordered Service by him on the Site directly to the Service Provider, provided that he presents a discount card "UzbekistanPass" to the Service Provider with a valid term.
If the User has booked/ordered the service on other sites, he is not provided with a discount for the Service cost, even if he has a discount card "UzbekistanPass" with a valid term.
The User agrees with the terms of the Offer and enters into the Agreement of the booking/ordering Service when making the Booking/Order on the Site. Agreeing with the terms of the Public Offer, the User confirms his/her legal capacity, financial viability and takes the responsibility for the assigned obligations occurred as a result of entering into the Agreement of the Service booking/ordering.
The user confirms the authenticity of his personal information, as well as the data of third parties indicated in the Booking, and takes all responsibility for their accuracy, completeness and reliability. The user assumes all possible risks (registration of a new booking, change of the tariff, no return or partial return of money, etc.) related to his actions of making mistakes, inaccuracies in the provision of personal information.
The agent ensures the safety and security of the User’s personal information and third parties for whom/on behalf of whom the User makes the Booking/Order, when processing them. A necessary condition for the successful completion of the Booking/Order by the User is the provision of the Booking/Order procedure by consent to the processing of personal data provided by the User at the final stage.
The User agrees to use the Site only for his/her Booking/Order or for third parties who has the right to make Bookings/Orders; while third parties must be informed of the terms of the Booking/Order for whom the User makes the Booking/Order on their behalf, including all rules (as well as the Cancellation of the Booking/Order, but not limited to) and the restrictions applicable to the Bookings/Orders.
The user must fill out the online Booking/Order application to register the Booking/Order on the Site.
The user must fill in all the fields indicated in the Booking system as "required" while making a Booking/Order.
The user confirms the reliability of the personal data entered by him on the Site, as well as personal data of third parties for whom the User makes the Booking/Order, and takes all responsibility for their accuracy, completeness and reliability.
The User is acquainted with all the terms of the Booking/Order during the process of Booking/Ordering. In case the User does not understand any terms of the Booking/Order, including the terms of refusal, return, making any changes to the Booking/Order, the User must specify the information he needs from the Operator. In case of making a Booking/Order without contacting the Operator, the User confirms that he understands all the rules and conditions of the Booking/Order.
Immediately after completing the Booking/Order by the User, the confirmation of the Booking/Order is appeared on the Site, and the Voucher is sent to the e-mail address specified by the User when making the Booking/Order. The Operator may contact the User to receive or transmit additional information.
Bookings/Orders made by the User on the Site, as well as information contained in the Voucher which is directed to the User, are of a final nature. However, the Agent does not exclude that certain conditions of the Booking/Order can be changed by the Service Provider without the User’s prior consent, in connection with which the User, making the Booking/Ordering, takes the risks of changing the conditions of the Booking/Order by the Service Provider.
By making a Booking/Order by the Return rate, the User confirms his acquaintance and consent with the Penalty Date and other applicable conditions for cancellation/change of the Booking/Order.
By making a Booking/Order by the Non-Returnable rate, the User is aware of all the consequences of making such Booking/Order and agrees with established Hotel’s retention in case of cancellation of the Booking/Order in advance. The User agrees to bear all the consequences on his own which are related to the Booking/Order by the Non-Returnable Rate.
CANCELLATION AND CHANGE OF BOOKING/ORDER
In case of necessity to cancel the Booking/Order by the Return rate, the user can contact the Operator to cancel the Booking/Order or cancel it independently in the Personal account. Booking/Order is considered as canceled (annulled) from the moment of sending the confirmation letter about the cancellation of the Booking/Order to the user’s e-mail address, which is shown at the time of Booking/Order. Fines for the Booking/Order cancellation are shown on the website.
In case of necessity to change the formed Booking/Order by the Return rate, the user must cancel the Booking/Order in the Personal account and form a new Booking/Order or contact the Operator. However, the Agent will not guarantee the same price, seat availability, route, the brand of car and other conditions of the real Booking/Order.
The user should take the responsibility of potential risks, which can be occurred with the change in the Booking/Order (the need of extra payment to the amount of already finished Booking/Order, the registry of a new Booking/Order, the change of tariff, the return of money after deduction of fines for the cancellation of Booking/Order, etc.)
In case of cancellation of already paid Booking/Order by the Return Prepaid tariff, the cost of canceled Booking/Order with the deduction of fines for the cancellation/change of the Booking/Order provided by the Service Provider (in the presence) is transferred to the User’s account by the Service Provider from which the payment was made. The user agrees that the Service Provider has a right to fine the user for changing, rejecting or canceling the Booking/Order while making Booking/Order.
Money paid by the User for the Booking/Order by the Return Prepaid Tariff is returned to the User’s account within 30 (thirty) working days from the date of the cancellation of the Booking/Order, depending on the rules and regulations of the bank that serves the User. Due to the specific financial transactions, the time between the return operation and the actual money transfer to the User’s account depends on the internal banking procedures and on the speed of processing data by the User’s bank issuer for which the Agent does not take the responsibility.
The User can request a change or cancellation of formed Booking/Order by Non-refundable tariff by contacting the Operator or by sending a written statement to the official address of the Agent.
If a request is received for Booking/Order cancellation or change from the User by Non-refundable tariff, the Agent contacts the Service Provider to deal with this issue. In this case, the possibility of canceling or changing the Booking/Order depends exceptionally on the Hotel. The Agent does not guarantee a positive answer from the Hotel regarding the request of the User for Booking/Order cancellation or change by Non-refundable tariff, but the Agent takes the responsibility of performing necessary and satisfactory actions to solve the problem in the interest of the User.
If the User does not arrive to the Hotel and the Booking/Order change or cancellation occurs, the amount of fine set by the Hotel or the cost of the Booking by Non-refundable tariff can be withdrawn from the User by the Hotel fully or partly.
If a Tourist refuses from a tourist service for an accepted (confirmed) booking or when a booking is canceled, the following fines are applied:
•If the refusal is made from 30 to 8 days before the arrival – 10% of the tourist product cost
•If the refusal is made for 7 days prior to arrival – 20% of the touristic product cost.
The Tour Operator is not responsible to the User for not receiving, not receiving fully or late provided services, which are included in paid tourist product in case if:
• the tourist did not appear or appeared not on time, later than one day from the day of arrival, at the place where the route/ tour starts;
• the number of people arrived at the place where the route begins is more than the number of people indicated by the Tour Operator when the confirmation of Tourist booking is made;
• the tourist denies the offered services, which coincide with the conditions in the voucher at the moment of boarding house, hotel or holiday bases accommodation and claims that the purchased tourist product should provide services of a higher quality than it offers.
The Tour Operator is not responsible to the Tourist if the services which were not included in tourist product purchased from the Tour Agent were used.
The cost of insurance, visas and work on their receipt, air tickets for block and a charter flight is irrecoverable. Railway and air tickets return for regular flights is made in accordance with the Carrier’s rules. The responsibility for every tourist and his baggage is taken by the Carrier during rail and air transportation.
PAYMENT FOR BOOKING/ORDER
The Booking price is shown on the Site in the formed Booking/Order in accordance with the selected set of services. In case if any errors in indicating the Booking/Order price, the Agent informs the User at the first opportunity. The User can confirm the Booking/Order at the corrected price of his choice or cancel the Booking/Order. If it is impossible to contact the User within the reasonable time, the Booking/Order is considered to be canceled.
PAYMENT FOR BOOKING/ORDER BY PREPAID TARIFF
The User pays the Booking/Order by the prepaid tariff on the Site by bank card for the Booking/Order cost.
The User confirms that he is acquainted with the terms of the Booking/Order (including, the conditions of changing/canceling the Booking/Order) of the selected Service and agrees with them when the information about the bank card is provided. The User does not have a right to indicate the details about a bank card, which does not belong to such User, except the case if the User has received the owner’s approval (holder) of the bank card for the execution of the Booking/Order on the terms of the selected Service and real Offer and is the authorized person of the holder (owner) of such a bank card.
In any case, the owner (holder) of the bank card takes responsibility for the safety of bank card data, as well as using such data for any performed actions.
The data of bank card is protected by SSL (Secure Sockets Layer) technology when transmitting them. The Agent also takes appropriate measures to ensure the security of the User’s payment cards data based on the PCI DSS (Payment Card Industry Data Security Standard) standards.
The transactions’ authorization on bank cards is carried out by the bank. If the bank has an adequate reason to suppose that the transaction is fraudulent, the bank has a right to reject carrying out this operation. The Agent can check the Booking/Order that is registered on the Site and paid by the bank card in order to avoid different kinds of bank card misuse.
According to the international payment system Rules, for the purpose of verification the owner’s identity, if a request received from the Operator, the User who formed the Booking/Order should provide a passport copy of two pages who owns the bank card – a spread with a photograph, as well as a bank card copy from two sides (the card number should be closed, except the last four digits) to the e-mail address: email@example.com in the form of scanned copies. If the User fails to provide needed documents and doubts about their authenticity is suspected, the Agent has a right to cancel the Booking/Order without the explanation and returns the money to the User’s account from which the payment was made.
By paying for the Booking/Order by a bank card, the User agrees to withdrawing money for services (the User’s arrival to the Hotel) from the User’s card or the cost of the Booking/Order in the currency shown on the Site. The bank issuer of the User’s card converts the specified amount into the card’s currency relying on the internal rate, so the amount in the card’s currency may differ from the amount indicated on the Site (including the increase); by making the Booking/Order, the User accepts the payment terms using the User’s bank card.
The User agrees to pay the tourist (hotel) fee set by the Regulation “On the procedure to collect tourist (hotel) tax on the territory of the Republic of Uzbekistan” approved by the Decree of the Cabinet of Ministers of the Republic of Uzbekistan from March 15, 2017 for No. 137 in the amount of 10% of Minimum Wage Salary established in the Republic of Uzbekistan on the payment day. The cost of tourist (hotel) fee is included in the cost of the Number shown on the Site.
PAYMENT OF BOOKING/ORDER BY POSTPAID TARIFF
The User makes the payment for the Booking/Order by Postpaid tariff directly to the Service Provider upon receipt of the Service (check-in at the Hotel). The Agent does not take part in the relationship between the User and the Hotel related to the Booking/Order payment by the Postpaid tariff.
To guarantee payment for the Booking/Order by Postpaid tariff, the Service Provider may require the provision of data about the User’s bank card. By providing information about the bank card, the User confirms that he is acquainted with the Booking/Order terms (including, with the conditions of changing/canceling the Booking/Order) of the selected Service and agrees with them. The User does not have the right to indicate the details of the bank card that does not belong to such User, except the case if the User has the right to act from the owner’s (holder’s) name to book/order on the terms of the selected Service and real Offer and is considered to be an authorized person of the owner (holder) of such a bank card.
In any case, the owner (holder) of the bank card takes responsibility for the safety of bank card data, as well as using such data for any performed actions.
The data of bank card is protected by SSL (Secure Sockets Layer) technology when transmitting them. The Agent also takes appropriate measures to ensure the security of the User’s payment cards data based on the PCI DSS (Payment Card Industry Data Security Standard) standards.
When paying for the Booking/Order by a bank card, the User agrees to withdrawing money for services (the User’s arrival to the Hotel) from the User’s card or the cost of the Booking/Order in the currency shown on the Site (The Hotel has the right to pre-authorize money on the User’s bank card in the amount of one night’s cost or the whole residence period to make sure the User’s ability to pay). The bank issuer of the User’s card converts the specified amount into the card’s currency relying on the internal rate, so the amount in the card’s currency may differ from the amount indicated on the Site (including the increase); by making the Booking/Order, the User accepts the payment terms using the User’s bank card.
Other methods of payment may be offered to the User in the manner and on the terms indicated on the Site when completing the Booking/Order.
The User agrees to pay the tourist (hotel) fee set by the Regulation “On the procedure to collect tourist (hotel) tax on the territory of the Republic of Uzbekistan” approved by the Decree of the Cabinet of Ministers of the Republic of Uzbekistan from March 15, 2017 for No. 137 in the amount of 10% of Minimum Wage Salary established in the Republic of Uzbekistan on the payment day.
CONDITIONS OF BOOKING/ORDER
All the conditions of the Booking/Order, including: the possibility of making any changes to the formed Booking/Order, cancellation of the Booking/Order, applicable fines in case of cancellation or change of the Booking/Order, the consequences of the User’s Non-arrival at the Hotel, as well as other conditions for the service provision determined by the Service Provider Rules for cancellation of the Booking/Order and are indicated on the Site of the Service Provider webpage and in the Booking/Order process.
The User confirms that he is acquainted and agrees with the terms of the Booking/Order of the Service (including, the conditions for the Booking/Order cancellation or change) and real Offer, that are of current interest at the time of the Booking/Order. If the User does not agree with the terms of the Booking/Order and real Offer, the request of the User for the Booking/Order will be refused.
In case of circumstances related to the impossibility of settling into the Hotel because of the Hotel’s fault (overbooking, kick-out), the Hotel or the Agent may replace the previously confirmed Hotel to a similar Hotel with accommodating in the rooms of the same or a higher category without charging extra fees.
The Booking/Order is carried out only when the User provides specific and correct information during registration, including third parties data and full payment on time, if payment is required in advance under the terms of the Booking.
Any information, graphic images and multimedia files on the Site are considered to be the Agent’s property and/or affiliated people and partners. Exclusive rights to all software used on the Site belong to the Agent and/or its affiliated people and partners.
Any use of materials from the Site is possible only with the written permission of the Agent with the obligatory reference to the Site as the source of publication or by reference to the Site for publication on the Internet.
The Agent and his affiliated people and partners provide the User with the opportunity to use the information on the Site only for personal, non-commercial use.
The User is obliged not to use any software in order to prevent potential damages to the Site.
The user takes the responsibility for the confidentiality of his username (login) and password, as well as for all performed actions under the given name (login) and password. The User exonerates the Agent from his liability for losses occurred due to unauthorized use of the User's data by third parties.
LIMITATION OF LIABILITY
The Agent is not responsible for the communication channels used by the User, and, consequently, for any financial or other damage caused by the use of poor-quality or unprotected communication channels by the User.
The agent is not liable for violation of the conditions of real Offer, if such violation is caused by irresistible force circumstances (force majeure), including: actions of public authorities, fire, flood, earthquake, other natural disasters, lack of electrical power and/or computer network failures, strikes, civil unrest, mess, any other circumstances having an extreme, inevitable and unforeseen nature, excluding or objectively impeding the implementation of real Offer, on their impacts the parties could not foresee and prevent by reasonable measures.
The Agent is not responsible for causing any harm to the User by any actions/inactions of the Service Provider and other partners of the Site. The Agent is not liable for negative consequences or losses occurred as a result of events and circumstances beyond its competence, as well as for actions (inactions) of third parties, including those arising from unreliability, inadequacy and untimely information and documents provided by the User , or violation by the User of the terms of real Offer or requirements for documents, for the actions/inactions of the Service Provider in case of failure to perform the services provided in the Booking/Order. The agent is not responsible for the non-observance by the Service Providers or their representatives of the conditions of the Booking/Order.
All information about the Service and the terms of the Booking/Order is indicated entirely by the Service Provider. The Agent does not take the liability for any possible inaccuracies and errors in the description, prices and other information relating to the Service on the Site. The agent has the right to make changes and correct any inaccuracies and errors in the Booking/Order with the reservation of the Booking/Order for the User at the correct price or cancellation of the Booking/Order without collecting forfeit (fines, penalties).
The Agent provides the User with information about the Services on the Site "as it is" without assurance of any kind.
The Agent is liable only for direct actual damage caused by the faulty non-completed obligation by the Agent exclusively within the cost of the Booking/Order.
CONDITIONS AND RULES OF INSURANCE
Conditions/rules of insurance are given below in the form in which they were provided by the Service Provider.
of travelers entering the territory of the Republic of Uzbekistan
SECTION 1. GENERAL PROVISIONS
- The present Rules of Insurance of travelers, entering the Territory of the Republic of Uzbekistan LLC "GROSS INSURANCE" (hereinafter referred to as the "Rules") are developed in accordance with the current legislation of the Republic of Uzbekistan, determine the procedure and conditions for insurance of travelers entering the territory of the Republic of Uzbekistan.
- Based on the present Rules of LLC "GROSS INSURANCE" (hereinafter referred to as the "Insurer"):
- provides insurance coverage to the Insured Person if insured accident happens which are indicated in present Rules in the form of emergency medical assistance, outpatient or inpatient care, repatriation in case of an accident and/or sudden illness;
- The insured person is a foreign tourist (using the services of the Insurant) who travels through the territory of the Republic of Uzbekistan.
SECTION 2. DEFINITIONS
Basic terms used in present Rules:
2.1. Travel Insurance Agreement - an agreement between the Insurer and the Insurant, in accordance with the terms of which the Insurant pays fully the insurance premium, and the Insurer undertakes to provide emergency medical assistance, outpatient or inpatient treatment upon occurrence of the insured event with the Insured Person.
2.2. The sum insured - the amount of money that represents the limit of the Insurer's liabilities directed to cover expenses when providing the Insured with emergency medical care, outpatient or inpatient treatment.
2.3. Insurance premium - the payment for insurance paid by the Insured to the Insurer.
2.4. The insured event - an accident or sudden illness of the Insured person, which requires emergency medical care, and also, if necessary, outpatient or inpatient treatment. In addition, under present Rules repatriation is covered for the transfer of the Insured person remains by any accessible and adequate transportation to the airport of the country of permanent residence.
2.5. Insurance payment - the money paid by the Insurer to the Insured or institutions for the provided emergency medical care, outpatient or inpatient treatment of the Insured Person in connection with the occurrence of the insured event, within the insured amount and in the order established by present Rules.
2.6. Insurance period - the number of days during which the obligations of the Insurer for the implementation of insurance payments are valid in accordance with the terms of present Rules.
2.7. Travel - a trip of the Insured person through the territory of the Republic of Uzbekistan.
2.8. Services - medical services that are provided to the Insured Person in case of an insured event.
2.9. The institution - a medical institution in which the services are provided to the Insured person.
2.10. Client Support Center (CPC) - the structural subdivision of the Insurer, which receives round-the-clock reception of applications for insurance events, assists the Insured Person in obtaining necessary services in case of insured events.
CPC has the right to control the quality and volume of services provided to the Insured Person.
2.11. A sudden illness - a disease that has arisen unexpectedly and requires urgent medical intervention.
2.12. Emergency assistance - emergency medical care, in case of which the life of the Insured person is not endangered.
2.13. Accident - a sudden, short-term event, independent of the will of the Insured person, which exerts an external influence on the human body and entails traumatic damage; bodily injury from a burn, explosion, lightning stroke, electric shock; poisoning with food or chemical substances (industrial or household) and/or burns caused by inhalation or contact with poisonous and/or burning substances, vapors or gases; frostbite, drowning, attack by intruders or animals, bites of insects and reptiles, accidental ingress of foreign bodies into the respiratory system, accidental poisoning by poisonous plants and/or death as a result of an accident.
2.14. Medical evacuation - a complex of measures necessary to move the Insured Person by any accessible and adequate transport from one place to another, accompanied by medical personnel if necessary. Medical evacuation is carried out within the Republic of Uzbekistan and only in the absence of medical contraindications and with the permission of the doctor.
2.15. Repatriation - a complex of measures necessary to move the Insured Person remains by any accessible and adequate transport to the airport of the country of permanent residence. By the request of relatives, repatriation can be carried out to a country of residence other than the Republic of Uzbekistan, if the Insurer makes an insurance payment in an amount not exceeding the amount that would have to be paid for repatriation to the Republic of Uzbekistan. The terms of repatriation are determined by the Insurer.
2.16. The territory of insurance - the Republic of Uzbekistan.
SECTION 3. SUBJECTS AND OBJECT OF INSURANCE
3.1. The subjects of insurance relations under this Policy are the Insurer, the Insurant and the Insured Person.
3.2. The Insurant is LLC "TNH-SARMOYA" under these Rules, which, entering into a contractual relationship with the Insurer pays the insurance premium in accordance with the procedure and under the terms of these Rules.
3.3. The object of insurance is the property interests of the Insured person under these Rules, which does not contradict the current legislation of the Republic of Uzbekistan, and connected with causing harm to his life and health.
SECTION 4. PERIOD OF INSURANCE
4.1. The insurance period is established in proportion to the duration of the discount card purchased by the Insured.
4.2. The insurance period starts when the Uzbekistan Pass discount card is activated, but not earlier than when the Insured Person crosses the border of the Republic of Uzbekistan (mark the border services in the passport when entering the Republic of Uzbekistan) and ends at the expiration of the activation period of the discount card.
SECTION 5. INSURANCE AMOUNT AND INSURANCE PREMIUM
5.1. The total insured amount per one Insured person is 88,000,000.00 (eighty eight million) sum, including sub-limits for:
- Provision of medical services – 8,000,000.00 (eight million) sum;
- Repatriation of the remains of the Insured person – 80,000,000.00 (eighty million) sum.
5.2. The amount of the insurance premium per Insured person is 8,000.00 (eight thousand) sum for each day of insurance - his arrival to the territory of the Republic of Uzbekistan.
5.3. The insurance premium is paid by the Insured with a one-time payment for the entire insurance period.
5.4. Obligations of the Insurer for the implementation of insurance payment are applied to insurance events that occurred during the insurance period and on the territory of the Policy.
SECTION 6. INSURANCE PAYMENT
6.1. In case of an insured event provided in these Rules, payment within the insured amount is subject to expenses for the following services, namely:
6.1.1. for the provision of emergency medical care in a medical institution, including the costs of medical services (consultations), diagnostic and laboratory tests prescribed by the doctor, prescription medications prescribed by the doctor, bandaging and fixation means (gypsum, bandage, etc.), until the moment when an extract from the institution becomes possible;
6.1.2. for emergency assistance in case of complications/forced termination of pregnancy of the Insured person, provided that the gestation period does not exceed 32 (thirty-two) weeks, and the event occurred as a result of an accident;
6.1.3. for emergency dental care;
6.1.4. for outpatient or inpatient treatment in case of an accident and/or sudden illness;
6.1.5. on the medical evacuation of the Insured Person from the place of incident to the nearest institution or to the nearest doctor, or from one institution to another (within the Republic of Uzbekistan). In this case, the decision on the expediency of medical evacuation is accepted only by the authorized doctors of the Insurer, provided that urgent assistance is needed. In case the medical evacuation is organized by a third party without agreeing it with the Insurer, the Insurer will pay the expenses within the minimum possible amount for which the Medical Evacuation could be covered by the Insurer;
6.1.6. for repatriation in the event of death of the Insured person as a result of the accident specified in paragraph 2.13., except for the performance of funeral services and burial in the country of permanent residence of the Insured person, if the repatriation is organized by a third party, without agreeing it with the Insurer, the Insurer pays the expenses within the minimum possible amount for which the Insurer could cover repatriation expenses with the help of the Client Support Center.
6.2. The Insurer pays medical expenses for surgical operations only on condition that this manipulation was urgent, i.e. payment is made only when an instantaneous failure to carry out an operation threatens the life of the Insured person or there is a possibility of serious health impairment.
6.3. The death of the Insured person for any reason is not an insured event and expenses related to the death of the Insured person (other than those specified in paragraph 6.1.6.) are not reimbursed.
SECTION 7. PROCEDURE FOR CONSIDERATION OF INSURANCE CLAIMS
7.1. In case of an insured event, the Insured Person or his representative must:
- go to the special section "Insurance Assistance" of UzbekistanPass mobile application or dial the short number 1166 of the Insurer CPC;
- report your name, location, discount card number, need for medical assistance and contact phone number for feedback.
7.2. After receiving the information, the CPC organizes providing medical assistance to the Insured person, outpatient or inpatient care indicated in these Regulations.
7.3. In case of death of the Insured Person requiring the transfer of the Insured person’s remains by any accessible and adequate transport to the airport of the country of permanent residence of the Insured, the Insurant should contact the CPC via a short telephone number 1166 or via a mobile application and report the incident, receive instructions and act according to them.
7.4. In case of impossibility to contact the CPC, the Insured Person must go through the special section "Insurance Assistance" of UzbekistanPass mobile application to find the nearest clinic and come to this clinic. When arriving at a medical institution, the Insured person should notify the Insurer by the short number 1166 about its location, the number of the discount card, the name and circumstances requiring medical care.
7.5. In case of impossibility to contact the CPC for health reasons, the Insured Person is obliged, as soon as possible, to go through the special section "Insurance Assistance" of UzbekistanPass mobile application or should notify the Insurer by the short number 1166 about its location, the number of the discount card, name and circumstances requiring medical care.
7.6. At the same time, the Insured Person can independently pay the expenses related to the insurance event specified in paragraph 7.3. and 7.4. In this case, the Insured person within three months has the right to appeal to the Insurant in writing form about the incident and demanding compensation for expenses, with the provision of supporting documents.
7.7. The Insurant redirects them to the Insurer e-mail within three days from the receipt of the application and supporting documents from the Insurant. In this case, the supporting documents mean the following:
a) a copy of the identity document of the Insured;
c) a certificate from the institution indicating the necessary data (patient's full name, diagnosis, date of services requested, length of treatment, etc.);
d) the institution's account, classified by date, name and cost of services rendered;
f) documents confirming the fact of payment for services (stamp about payment, receipt for receiving of money or bank confirmation on transfer of amount, etc.).
SECTION 8. PROCEDURE FOR IMPLEMENTATION OF INSURANCE PAYMENTS
8.1. Insurance payment can be made directly by the Insurer without the participation of the Insured Person or the Insurant in case of payment for the services of the institutions by the Insured Person themselves.
8.2. Each account paid by the Insurer for the services provided to the Insured Person reduces the insured amount to the amount of the paid account.
8.3. The total amount of the insurance payment made by the Insurer in one or more insured events cannot exceed the insured sum.
SECTION 9. OTHER CONDITIONS
9.1. The Policy is terminated in cases indicated in the current legislation of the Republic of Uzbekistan.
9.2. For failure to perform or improper performance of the undertaken obligations, the parties bear responsibility in accordance with the current legislation of the Republic of Uzbekistan.
9.3. In case of disputes, claims or disagreements on the matters indicated in these Rules or in connection with this, including its performance and violations, the parties will take measures to resolve them by negotiating.
9.4. If it is impossible to resolve disputes, disagreements or claims, they are subject to resolution in accordance with the current legislation of the Republic of Uzbekistan.
9.5. If any emerged situations (circumstances) are not reflected in these Rules, the Insurer has the right to make a compromise decision at its discretion.
for a foreign tourist - user of UzbekistanPass services
when an insured event occurs on the territory of the Republic of Uzbekistan
A foreign tourist who is a user of the services of UzbekistanPass project, by activating the discount card automatically becomes an insured under the General Insurance Contract, concluded from the risks of medical expenses as a result of accidents.
Under the General Agreement, the Insurer covers unforeseen expenses of a foreign tourist in case of an accident or sudden illness of the insured person, requiring emergency medical care, and also, if necessary, outpatient or inpatient treatment.
In case of an insured event, please do the following:
- go to the special section "Insurance Assistance" of UzbekistanPass mobile application or dial the short number 1166 of the Customer Support Center of the Insurer (CPC);
- when connecting with the coordinator of the Customer Support Center of the Insurer, describe the necessary medical assistance, your location, the number of the discount card, your name and the circumstances of the accident;
- If you do not speak English, Russian or Uzbek, please contact the accompanying person (guide) or the "reception desk" of the hotel where you live to assist in connection with the Customer Support Center coordinator of the Insurer by 1166;
- You can also find the nearest service clinic through the special section "Insurance Assistance" and come to this clinic. When you arrive you should notify the Insurer by the short number 1166 about your location, the number of the discount card, your name and the circumstances of the accident.
After a telephone call to the foreign tourist, the emergency medical service will be sent.
The emergency medical service will provide you with the necessary medical assistance or, if necessary, hospitalize, where you will receive the necessary medical care.
In case of impossibility to contact the CPC, the Insured person can independently pay the expenses associated with the insured event. In this case, the Insured person within three months has the right to write to the Insurant in written form about the incident and demanding compensation for expenses, with the provision of supporting documents.
In case of the death of the Insured Person, requiring the transfer of the Insured Person's remains by any accessible and adequate transport to the country of permanent residence of the Insured, the Insurant must contact the CPC by short telephone number 1166 or by mobile application and report the incident, receive instructions and act according to them
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If the User has any questions, he must contact the Operator by telephone or by e-mail. The Parties make every effort to reach an agreement on disputable issues by negotiation taking into account the terms of this Offer.
The claim procedure for settlement of the dispute is mandatory, the term of the Agent's reply to the claim sent by the User is 30 (thirty) calendar days from the date of receipt of the claim by the Agent. The claim must be sent in written form by registered mail or courier delivery service.
For all other issues not regulated in this Offer, the parties are guided by the current legislation of the Republic of Uzbekistan. All possible disputes arising from the provisions of this Offer are resolved in the courts of the Republic of Uzbekistan in accordance with the current legislation of the Republic of Uzbekistan.
Recognition, in the procedure prescribed by law, of the invalidity of any provision of this Offer does not entail the invalidity of the remaining provisions as a whole.
I ACCEPT THE CONDITIONS OF THE OFFER AND CONFIRM THE AMOUNT OF BOOKING/ORDERING TO PAY, INCLUDING ALL TAX PAYMENTS.