Southern Sky Airlines JSC, located at: Republic of Kazakhstan, Shymkent, Abay district, Kyzyl Zhar microdistrict, building 27/2, hereinafter referred to as the "Carrier", offers to any individual and/or legal entity, hereinafter referred to as the "Client", paid services, facilities and web services on the Internet (hereinafter – the Services and/or Products).
This offer, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, constitutes a public offer (hereinafter – the Agreement), the full and unconditional acceptance of the terms of which, in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, is deemed to be the performance by the Client of implicative actions – searching for, booking and purchasing Tickets and other related services in the systems used by the Carrier and placed on the Carrier's Website.
1. TERMS AND DEFINITIONS
1.1 The Carrier's Website – the website located at https://www.hisky.kz on the Internet. On the Carrier's Website, Clients are provided around the clock with the information necessary for the conclusion and performance of this Agreement and of the Contract of Carriage, as well as other information; in particular, all official documents of the Carrier are published there, etc.;
1.2 GDS (global distribution systems) — global systems for the distribution of air tickets used by the majority of airlines.
1.3 Booking — a preliminary reservation of a Ticket of the Carrier for a specific route on specific dates, secured for the Client at a specified price.
1.4 Ticket — (passenger ticket (itinerary receipt) and baggage check) — a document of carriage issued by the Carrier or its authorised agents, certifying the conclusion of a contract of air carriage of a passenger between the Carrier and the passenger.
1.5 Client – an individual, a user of the Carrier's Website and a consumer of the Carrier's services who, upon conclusion of a contract of air carriage with the Carrier, acquires the status of a passenger of the Carrier.
1.6 User – an individual or a legal entity, a user of the Carrier's Website for the purpose of arranging the services provided by the Carrier for third parties.
2. RIGHTS AND OBLIGATIONS OF THE CLIENT
2.1 The Client is responsible for the correctness of the data entered, including for the conformity of the passenger data entered to the passengers' passport data. In the event of any changes to the passengers' personal data, in accordance with international standards, the tickets must be reissued at the fares in effect with the Carrier at the time of such reissue.
2.2 Tickets are deemed to have been purchased by the Client upon the Carrier's sending of an e-mail containing the Ticket (itinerary receipt) to the Client's e-mail address specified at the time of booking.
2.3 By purchasing (paying for) tickets on the website https://hisky.kz, the Client confirms that he/she has independently reviewed, understood and accepts the Carrier's Fare Rules, the rules for issuing a ticket (itinerary receipt) for air carriage, the rules and conditions for changing or refunding an already issued ticket (itinerary receipt) for air carriage, the rules and conditions of air carriage on the Carrier's flights, and also accepts the other terms and conditions sent to the e-mail address specified by the Client, and confirms that the Carrier has informed him/her (the Client) in the Public Offer of the right to obtain an explanation of the Fare Rules in the Kazakh and/or Russian language before purchasing (paying for) a ticket by contacting the support service, by sending a request by e-mail and/or by calling the telephone numbers specified in the "Contacts" section. The Client agrees that he/she independently decides whether or not to contact the Carrier's support service for an explanation of the Fare Rules in the Kazakh and/or Russian language, and accepts that, after payment for the ticket, all procedures related to the exchange or refund of the ticket are carried out by the Carrier only in strict accordance with the Fare Rules, and the Client has no claims regarding the content of these Fare Rules, since he/she has confirmed his/her agreement with them.
2.4 The Client must independently verify the information on the permissible weight, dimensions and number of pieces of baggage and hand luggage; any oral information received from the Carrier is of an advisory nature only and is valid as of the day on which such information is provided.
2.5 The Client must independently verify the information as to which document is required for travel (a domestic identity document or an international passport), and on the visas, entry permits, vaccinations, insurance policies and other permits and procedures required for the country of destination or of the transit point; any oral information received from the Carrier is of an advisory nature only and is valid as of the day on which it is provided.
2.6 When paying in cash at the offices of the Carrier's partners, the staff of such offices are not obliged to advise the Client on any matters, since they only accept payment for the Carrier's tickets and are not employees of the Carrier; the Client may obtain all necessary information from the Carrier's support service by contacting it in any convenient manner specified in the "Contacts" section.
3. RIGHTS AND OBLIGATIONS OF THE CARRIER
3.1 When the Client pays for air tickets by bank card, the Carrier has the right to request from the Client a scan or photograph of the front side of the bank card on which the first 6 and the last 4 digits of the card number are clearly legible, as well as a copy of an identity document. If the Client refuses, the Carrier has the right to refuse to provide the services and to cancel the air tickets previously purchased by the Client.
3.2 The Carrier has the right to send the Client informational messages by e-mail and/or SMS relating to air travel, such as information on prices, changes to the booking, flight changes and cancellations, etc.
3.3 The personal information provided by the Client (name, address, telephone number, e-mail, credit card number) is confidential and shall not be disclosed to third parties, except in the cases provided for by the legislation of the Republic of Kazakhstan.
3.4 The price information published on the website prior to the preliminary booking, as well as in informational newsletters, does not constitute an offer. Due to the limited number of tickets available at each fare established by the Carrier, the current price appears after the passport data have been entered and the information that the tickets have been successfully booked has appeared.
4. TERMS OF EXCHANGE AND REFUND OF AIR TICKETS
4.1 Exchange and refund of air tickets is carried out around the clock, every day, in accordance with the fare rules established by the airline (hereinafter — the "Fare Rules"), which are attached to the e-mail sent, after the Booking has been created, to the Client's e-mail address specified at the time of booking. To apply for a refund or exchange, a request must be sent to the Carrier's e-mail address support@acss.kz from the e-mail address that was specified at the time of booking, or a call must be made from the telephone number that was specified at the time of booking.
4.2 In the event of cancellation of air tickets, the refund of funds is made strictly in accordance with the Fare Rules of the fare used by the Client.
4.3 The ticket exchange service is provided for a fee. The fee is charged in the amount of the fees and fares provided for by the Carrier in accordance with the Fare Rules.
4.4 The service of refunding an air ticket at the Client's initiative may be subject to a fee, depending on the type of flight, the route and the Carrier's Fare Rules.
4.5 In the case of an involuntary refund, the refund service is provided free of charge. The commission for the acceptance of cash payments at the offices of the Carrier's partners is not refundable.
4.6 To arrange a refund of an air ticket, the Client (passenger) shall present the ticket with the flight coupon (itinerary receipt). A ticket with used flight coupons is invalid for the carriage of the passenger and for a refund. The Carrier accepts flight coupons for the carriage of the passenger and his/her baggage only in strict sequence, starting from the point of departure indicated on the passenger coupon.
4.7 The Client may arrange a ticket refund independently on the Carrier's Website — in the trip management section or in the personal account, by signing in with the phone number provided at the time of booking.
5. LIABILITY OF THE PARTIES
5.1 The results of the search for ticket prices for the route selected by the Client, displayed on the Carrier's Website, are not final; the final ticket prices are indicated only when the page for entering the booking details appears and are valid as of the moment it appears, whereby, at the moment the "Book" button is clicked, the price of the Ticket is fixed in the GDS, provided that a sufficient number of seats is available in the GDS.
5.2 A Booking held for more than 30 minutes before payment and ticket issuance may be changed or cancelled by the Carrier unilaterally, as a result of which the Carrier is not liable for changes in the price of the booked air tickets; however, the Carrier undertakes to make every effort to notify the Client of the relevant changes by sending a notification to the e-mail address or mobile telephone number specified by the Client at the time the Booking was created.
5.3 If the Client creates two or more bookings for the same passengers on the same flight, the Carrier may unilaterally cancel the duplicate bookings with the lower price.
5.4 The service of SMS notification and/or e-mail newsletters regarding the cancellation and delay of the Carrier's flights is provided on the basis of the contact details specified by the Client when making the booking and purchasing the air ticket on the Carrier's Website. The Carrier is not liable for the inaccuracy of the contact details specified by the Client or for the timeliness of the Client's review of the notifications, alerts and other information sent by the Carrier to the Client's contact details.
5.5. The Carrier is not liable for the correctness of the Client's interpretation of the information posted on the Carrier's Website, of the interpretation of this Public Offer, or of any other information provided by the Carrier.
5.6. The Client is solely responsible for the interpretation of any information provided to him/her (the Client) by the Carrier.
5.7 The Client is responsible for refunding tickets independently through the Personal Account. Once a ticket refund has been made, the ticket can no longer be reinstated.
5.8 The User bears full responsibility for the correct issuance of tickets for the Carrier's flights to third parties, as well as for informing the Carrier's Clients for whom the contract of air carriage was arranged by the User of all rules, requirements and other conditions applied by the Carrier.
6. OTHER TERMS
The Client agrees that, by making purchases on the Carrier's Website https://hisky.kz, he/she transfers his/her personal data to the Carrier and that letters and messages, including those of an advertising nature, may be sent to the Client's contact details.
6.1 The User agrees that the Carrier uses and processes the User's personal data.
6.2 The Carrier uses the information, inter alia:
— to fulfil its obligations to the Client;
6.3 The Carrier undertakes not to disclose the information received from the Client. The provision of information to the Carrier's authorised agents and to third parties acting under a contract with the Carrier, for the purpose of fulfilling obligations to the Client, is not deemed a breach. The disclosure of information in accordance with the reasonable and applicable requirements of the current legislation is not deemed a breach of obligations. The Carrier is entitled to use "cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties. The Carrier receives information about the IP address of the visitor to the Website. This information is not used to identify the Client, except in cases of fraudulent actions by the Client.
6.4 The Client is responsible for the accuracy of the personal data transferred to the Carrier.
7. INFORMATIONAL MESSAGES
7.1 The Client gives his/her consent to receive updated information on the Carrier's activities, informational messages containing advertising and promotional offers and sale announcements, as well as information on the news and offers of the Carrier's partners, via SMS and/or e-mail.
7.2 The Client gives his/her consent to the recording of telephone conversations for the purpose of improving the quality of service and confirming the Client's oral statements, and to the storage of passengers' passport data solely for the convenience of subsequent purchases.