The offer Agreement (Public Offer)

In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, this document constitutes a Public Offer. The Client’s acceptance of the terms and conditions set forth below, carried out through the use of Acceptance, constitutes the full and unconditional Acceptance of this Offer Agreement (hereinafter referred to as "Agreement"). Lack of knowledge or failure to review the terms hereof shall not release the Client from liability for non-compliance with its terms.

In the event of disagreement with this Agreement, the Client must immediately cease using the Website.

All Appendices to Agreement (if any) and documents accepted by the Company from the Client as part of the services provided by the Company under this Agreement shall be an integral part hereof, unless otherwise stipulated in the content of the document itself.

 

Terms and Definitions

For the purposes of this Agreement, the following terms and definitions shall be used equally in the singular and plural, unless the meaning of the term and/or definition dictates otherwise, and shall have the following meanings:

Acceptance – The use of the Website, any of its services or functionalities, placing an online or offline Vehicle reservation request, Booking, payment of the Vehicle rental cost (online payment, payment based on a issued invoice), clicking the "I agree with the terms of Agreement" and "I agree to the provision and processing of Personal Data" checkboxes, and signing the Specification and/or Vehicle Transfer/Return Forms.

Company – Lessor, ABD Trans Group LLP (BIN 140340010302), registered in accordance with the laws of the Republic of Kazakhstan, with its legal address at Zhibek Zholy Str. 64/47, office 613, Almaty, the Republic of Kazakhstan, as well as any of its legal successors and/or assignees.

Service – Services for the provision of a motor vehicle without a driver for rent, rendered by the Company to the Client in accordance with Agreement and the Specification(s) thereto.

Client – Lessee: a natural person with legal capacity (i) aged 19 years or older with a driving experience of 1 year or more for operating the Vehicle within the Permitted Zone detailed in the Specification, (ii) aged 21 years or older with a driving experience of 3 years or more for operating the Vehicle (including crossovers and SUVs) within the Permitted Zone detailed in the Specification and outside of it, possessing an International Driving Permit (IDP); and/or a legal entity that intends to rent the Vehicle.

Vehicle/Car – The motor vehicle (car) provided for rent in accordance with the terms hereof.

Website – https://rentacars.kz/

Company Information Center or Technical Support or Technical Support Service or 24/7 Technical Support – The center providing informational support to the Client, including in the event of a road accident (RA), and carrying out actions to support the Vehicle rental process. On the Website, this term is equivalent to Technical Support, Technical Support Service, and 24/7 Technical Support.

Additional Services – Services provided by the Company as specified in Appendix 5 to Agreement.

Vehicle Rental Request – Actions provided for by Agreement and performed by the Client using the Website and/or without the Website (submitting a Vehicle rental request at the Company's office) for the purpose of obtaining the Vehicle for temporary possession and use.

Booking – The process of reserving the Vehicle for subsequent rental for a specified period.

Road Traffic Regulations (RTR) – Road Traffic Regulations.

Rental Period – The period during which the Client is entitled to use the rented Vehicle in accordance with the terms of Agreement, the Road Traffic Regulations, and the Applicable Laws, and which apply to the Client as a road user during the Rental Period, including, without limitation, those established by (1) the Law of the Republic of Kazakhstan dated April 17, 2014 On Road Traffic, and/or (2) the Road Traffic Regulations approved by Resolution of the Government of the Republic of Kazakhstan No. 1196 dated November 13, 2014, and/or (3) other legal acts of the Republic of Kazakhstan.

Permitted Zone – The territory detailed in the Specification where the use of the Vehicle is permitted in accordance with Agreement.

Place of Agreement Execution – the Republic of Kazakhstan.

Cardoo – Partner online service for securing Vehicle rental without requiring a security deposit (https://cardooworld.com).

 

1. Scope of Agreement

1.1. The Company undertakes to render the Services ordered by the Client, and the Client undertakes to pay for these Services in the volume and within the time limits pursuant to the terms hereof.

1.2. The description, list, and cost of the Services are published on the Company's website at https://rentacars.kz/

1.3. The description, list, and cost of the Additional Services are specified in Appendix 5 to Agreement.

1.4. The Vehicle name, identification characteristics, and other information about the Vehicle/Services rendered shall be detailed by the Parties in the Specification, executed in the form of Appendix 1 to Agreement (hereinafter referred to as "Specification"). Agreement shall be a framework agreement reflecting the basic terms, provisions, and criteria which shall be further detailed by the Parties in the corresponding Specification. The Vehicle is provided to the Client for temporary possession without rendering services for management and technical operation, except for paragraph 3.2.14 of Agreement. The use of the Vehicle must not contradict its purpose, technical characteristics, or the provisions of this Agreement.

1.5. The Specification, the Vehicle Transfer Form (Appendix 2), and the Vehicle Return Form (Appendix 3) are an integral part of this Agreement.

1.6. The Parties acknowledge that the Specification to Agreement serves as a trip ticket and authorizes all persons listed on the driver's card to operate the Vehicle detailed in the Specification for the Rental Period provided for by the Specification.

1.7. The Services are rendered to the Client under the terms hereof exclusively for personal purposes not pertaining to the Client's business activities, namely, use of the rented Vehicle as a taxi, for commercial passenger transportation, or for the subsequent resale of the rented Vehicle by the Client.

 

2. Terms and Conditions for Rendering Services

2.1. To order the Services, the Client shall place an order by performing the following actions:

2.1.1. Booking on the Company's Website:

2.1.1.1. The Client selects the required Vehicle model, specifies the Vehicle Rental Period, and provides their contact details (first name, surname, mobile number, and other information upon the Company's request);

2.1.1.2. After receiving the Client's order, the Company confirms the possibility of the Vehicle Booking by the Client;

2.1.1.3. The Client confirms acceptance of Agreement's terms by Acceptance thereof, and provides consent to the collection and processing of the Client's personal data;

2.1.1.4. The Client makes payment for the Services via non-cash payment in the manner stipulated by Agreement;

2.1.1.5. Upon receipt of the Vehicle, the Client signs the Specification, the Vehicle Transfer Form, as well as other documents (if necessary).

2.1.2. Booking at the Company's Office (with the Client's personal presence):

2.1.2.1. The Client, with the help of the Company's manager, selects the required Vehicle model and the Vehicle Rental Period;

2.1.2.2. After receiving the Client's order, the Company confirms the possibility of the Vehicle Booking by the Client;

2.1.2.3. The Client confirms acceptance of Agreement's terms by Acceptance thereof, and provides consent to the collection and processing of the Client's personal data;

2.1.2.4. The Client makes payment for the Services in the manner stipulated by Agreement.

2.1.2.5. Upon receipt of the Vehicle, the Client signs the Specification, the Vehicle Transfer Form, as well as other documents (if necessary).

2.2. The Vehicle is provided for rent for the term detailed in the Specification to this Agreement.

2.3. By agreement of the Parties, the term for providing the Vehicle for rent may be changed and shall be formalized by a separate Specification to this Agreement. At the same time, the Parties agree that the Vehicle rental period may be extended through the exchange of electronic messages (WhatsApp, email, etc.) from the contact details detailed in the Specification. A message about the Client's intention to extend the Vehicle rental period is deemed an offer, and a message of consent from the Company (authorized person of the Company) is deemed acceptance thereof. The moment of extension is deemed to be the Client's receipt of confirmation from the Company and the Client's payment of the cost for the Vehicle rental extension.

2.4. The procedure for order cancellation and refund is governed by the “Vehicle Reservation Cancellation Policy,” published on the Website.

 

3. Rights and Obligations of the Parties

3.1 The Client may:

3.1.1. Demand the proper and timely provision of the Services in accordance with the terms hereof.

3.1.2. Contact the Company when in need of technical or informational support by sending requests through all available communication channels.

3.2. The Client shall:

3.2.1. To pay the Vehicle rental fee fully and timely, as well as other additional payments that may arise during the Vehicle rental, pursuant to the cost/rates stipulated by Agreement. If, during the Vehicle rental, the Client plans to travel outside the permitted territory detailed in the Specification, the Client is obliged to pre-approve such travel with the Company, paying for the travel pursuant to the rates specified in Appendix 5 to Agreement. The Company's permission is deemed obtained if the same is stated in the Specification to this Agreement. The approval of travel outside the permitted territory shall be carried out by the Parties through the exchange of electronic messages (WhatsApp, email, etc.) from the contact details detailed in the Specification. The moment of approval is deemed to be the Client's receipt of confirmation from the Company and the Client's payment of the cost of travel outside the permitted territory.

3.2.2. Constantly keep the Vehicle documents and keys with them and not transfer them for safekeeping to third parties not specified in Agreement/Specification.

3.2.3. Not carry out repairs of the Vehicle without written consent from the Company.

3.2.4. Preserve and maintain the technical characteristics, exterior, and interior condition of the Vehicle in an unchanged state.

3.2.5. Notify the Company of all technical malfunctions discovered during the use of the Vehicle. In the event of a malfunction preventing further operation of the Vehicle, the Client must immediately cease its operation. In case of untimely notification and continued operation of the Vehicle, the Client shall be liable for additional damage arising as a result of untimely notification.

3.2.6. Immediately notify the Company of Vehicle damage by phone +7700 555 1115, and call the police (102, 112) in case of a road accident (RA), including:

3.2.6.1. Not leaving the accident scene until the arrival of police officers.

3.2.6.2. Obtaining the RA report and all accompanying documents necessary for obtaining insurance from the police officers.

3.2.6.3. Carrying out all actions necessary in accordance with the laws of the Republic of Kazakhstan and the Road Traffic Regulations for the proper registration of the insured event and receiving insurance compensation from the insurance company under which the Vehicle is serviced under the CASCO and OGPO (Compulsory Third-Party Liability) programs.

3.2.7. Not transfer their rights and obligations under Agreement to third parties, including not transferring the Vehicle for sublease or other alienation/use by third parties without the knowledge and written consent of the Company. This paragraph extends to the transfer of the right to operate the Vehicle, with the exception of the persons (drivers) detailed in the Specification, and also not to leave or allow the transfer of the Vehicle as collateral or for loan repayment to financial institutions (second-tier banks, pawnshops, microfinance and credit organizations, etc.).

3.2.8. Not use the Vehicle and/or not allow it to be used in the following instances: driving the Vehicle on prohibited roads or surfaces whose condition may cause damage to the Vehicle, except for Vehicles where explicit permission to drive on such roads is detailed in the Specification; paid transportation of passengers; pushing or towing another vehicle or other object; driving the Vehicle while intoxicated by alcohol, drugs, or toxic substances; transporting animals (except for domestic pets, subject to the Company's prior permission). 

3.2.9. Not transport the Vehicle aboard any vessels, trains, trucks, or aircraft. 

3.2.10. Upon the expiration of the term of use of the Vehicle or in the event of early termination of Agreement, the Client must return the Vehicle to the Company in technically sound condition and fully equipped (i.e., in the condition in which the Client received the Vehicle, taking into account normal wear and tear), as well as return all accessories and documents received from the Company, via a Return Form. The return of the Vehicle, the aforementioned accessories, and documents shall be formalized by the Parties in the Vehicle Return Form. The Vehicle shall be deemed transferred upon the signing of the Vehicle Return Form by both Parties. Should one of the Parties fail to sign the Vehicle Return Form, the obligations under Agreement shall not be deemed fully discharged. The Vehicle shall be returned after its delivery by the Client to the rental point where the Vehicle was picked up and/or to the Company's authorized employee, in case the Vehicle is collected from the Client. 

3.2.11. Independently bear the costs of the Vehicle's current operation at their own expense during the operation period, including costs for fuel, lubricants, and other materials consumed during operation, parking, and other expenses. In this regard, the Client must refuel the Vehicle only with the corresponding type of fuel and lubricants (refuel with gasoline AI 95 or higher). Expenses pertaining to mandatory scheduled maintenance, seasonal tire replacement, as well as the elimination of technical malfunctions not caused by the Client's fault (provided the Vehicle was properly operated), shall be borne by the Company. Expenses caused by the Client's violation of the Vehicle operation rules or non-compliance with Agreement shall be borne by the Client. 

3.2.12. Ensure the safety and security of the Vehicle. During nighttime and dark hours, as well as when the Client is absent from the city, the Client must leave the Vehicle in a guarded area, a secured parking lot, or return it to the Company for safekeeping. 

3.2.13. Not travel outside the territory detailed in the Specification to this Agreement, except for the conditions stipulated in paragraph 3.2.1 of Agreement. 

3.2.14. For every 10,000 kilometers of Vehicle mileage as indicated by the odometer reading recorded in the Transfer Form, provide the Vehicle for technical and preventative maintenance (oil change, chassis diagnostics, computer diagnostics) by delivering it to the Company's acceptance point or transferring the Vehicle to the Company's authorized employee at another location agreed upon by the Parties, if the Vehicle was rented for a period exceeding five (5) calendar days. Taking into account the provisions of paragraph 3.4.4 of Agreement, the Company undertakes to provide the Client with a replacement Vehicle of a similar or more premium class, at its discretion, or to make the maintenance day of rental free of charge for the Client. 

3.2.15. Pay the amount of the penalty (fines) in full and within the time limits stipulated by Agreement. 

3.2.16. Strictly comply with the Road Traffic Regulations when using the Vehicle, and independently bear responsibility for the imposition (application) of fines by authorized state bodies for violations of the Road Traffic Regulations, and ensure their timely payment at 100% of the fine amount imposed pursuant to the administrative offense report of the authorized body. 

3.2.17. In the event of refusal to execute this Agreement, notify the Company no later than seven (7) calendar days before the planned start date of receiving the Company's Services. 

3.2.18. Assist the Company in the event the latter receives a notification of the imposition of a fine for violating Road Traffic Regulations during the Client's rental period. This includes, but is not limited to: 

3.2.18.1. The Client's presence at the authorized administrative police bodies upon the Company's request; 

3.2.18.2. Provision of all necessary documents; 

3.2.18.3. Performance of other actions required to bring the Client to administrative liability. 

3.2.19. In case of using the Security Deposit-Free Rental Service, sign a statement of consent for the processing and transfer of personal data to the Cardoo service in the form provided by the Cardoo service. 

3.2.20. Not exceed the established daily mileage limit within 200 kilometers. In the event of exceeding the specified limit (over-mileage), the Client undertakes to pay the cost of each excess kilometer at the rate provided for in the corresponding Specification to this Agreement.

3.3. The Company may: 

3.3.1. Demand the immediate provision of the Vehicle for inspection in case of suspicions arising from the Client's non-standard (suspicious) actions (Lessee's contact number is disconnected, the occurrence of fines, circumstantial information from the media and other official sources, use of the Vehicle as a taxi or other commercial/illegal activity, etc.). 

3.3.2. Seize the Vehicle in case of the Client's violation of the obligations stipulated by Agreement. In such cases, the Company shall not refund monetary funds received from the Client under Agreement. 

3.3.3. Independently verify information from any sources regarding the existence or absence of administrative fines imposed on the Client during the Vehicle operation, and notify the Client thereof, to which the Client grants their consent by signing this Agreement. 

3.3.4. Unilaterally terminate Agreement early in case of gross violations of Agreement's terms by the Client. In such cases, the Company shall not refund monetary funds received from the Client under Agreement. 

3.3.5. Refuse to provide subsequent Services to the Client in case of non-performance or improper performance of obligations by the Client, including non-payment or overdue payment under previously concluded Specifications. 

3.3.6. In cases where a road accident involves another vehicle ("third party") and detailed information about that vehicle and/or its driver is available, to demand the provision of this information during the insurance claim review process.

3.4. The Company shall: 

3.4.1. Provide the Client with the Vehicle in proper working condition, as well as all necessary accessories and documentation for its operation. The Vehicle transfer is carried out after the Parties sign the Vehicle Transfer Form. The completeness and technical condition of the Vehicle transferred for use are indicated in the Vehicle Transfer Form to this Agreement. 

3.4.2. Check the technical condition, body, and interior of the Vehicle in the Client's presence, and familiarize the Client with the rules and procedure for operation thereof, which is noted in the Vehicle Transfer Form. 

3.4.3. Carry out all types of necessary Vehicle repair (including current and major repairs) and timely preventative maintenance of the Vehicle. 

3.4.4. During the Vehicle repair period, replace it with another Vehicle in proper condition that is available from the Company. If such replacement is not possible, the effect of Agreement shall be deemed terminated early, the rented Vehicle shall be returned to the Company, and the payment for the Vehicle rental shall be charged for the actual time the Vehicle was rented.

4. Cost, Terms, and Procedure for Service Payment. Refundable Security Deposit

4.1. The cost of the Services is indicated on the Company's Website and does not include Value Added Tax (VAT). 

4.2. Payment for the Services under the corresponding order is made by the Client on the terms of 100% (one hundred percent) prepayment. 

4.3. In case of extending the Vehicle rental period, the Client shall pay the cost of the rental extension pursuant to paragraph 4.2 of this Agreement. 

4.4. Payment for the Services is made by the Client: 

4.4.1. when Booking the Vehicle through the Website – via non-cash payment through payment services connected to the Website in accordance with the provisions of the Online Payment Policy published on the Website; 

4.4.2. when Booking the Vehicle at the Company's office – via non-cash payment (POS terminal, QR, etc.) or cash to the Company's cash desk. 

4.5. Methods of payment for the Services may require the Client to pay a commission or fee for the services of persons carrying out payment acceptance and transfer, the bank, etc. The Client is responsible for paying third-party commissions. 

4.6. When Booking the Vehicle, the Client shall provide the Company with a refundable security deposit in the amount detailed in the Specification to this Agreement. The Client has the right to use the service of renting the Vehicle without a security deposit, which is provided through the Cardoo service (hereinafter – the Security Deposit-Free Rental Service). 

4.7. The refundable security deposit shall be returned to the Client no later than fourteen (14) calendar days after the end of the Vehicle Rental Period. However, the Company has the right to partially or fully withhold the Client's security deposit amount, but is not limited to this amount, in case of the Client's violation of the terms hereof, as well as in cases of Vehicle damage and/or the need to pay administrative fines applied to the Client by authorized state bodies for the Client's violation of Road Traffic Regulations during the Vehicle operation. The security deposit is returned:

• in cash to the Client,

• by non-cash transfer to the Client's account,

• for citizens of the Russian Federation – via the Zolotaya Korona system,

• for citizens of other countries – via Kaspi international transfers (commission paid by the Client).

The refundable security deposit shall be returned to the Client exclusively in the national currency, tenge. The Client has the right to use the Security Deposit-Free Rental Service. The cost of the Security Deposit-Free Rental Service is calculated based on the number of Vehicle rental days, the current rate provided for by Agreement between the Company and Cardoo, and corresponding taxes. 

4.8. The Parties mutually agree that the partial or full retention of the Client's security deposit is of a penalty nature, unless it contradicts the laws of the Republic of Kazakhstan. 

4.9. In case the Vehicle is returned to the Company later than the deadline without obtaining the Company's prior written consent to change the Vehicle rental period, the Company shall recalculate the rental fee. The Client shall pay the Company the insufficient part of the rental fee towards an increase, calculated up to the day of the actual Vehicle return, and shall also pay the penalty stipulated by Agreement. 

4.10. In case the Vehicle is returned to the Company earlier than the deadline stipulated by the Specification, the Parties shall recalculate the rental fee. The Company shall refund the Client the corresponding part of the rental fee received, calculated from the day following the actual Vehicle return. However, the Company has the right to withhold a penalty if the Client failed to notify the Company of their refusal in accordance with the procedure stipulated in paragraph 3.2.17 of Agreement, in written form via the communication means specified in Section 9 of this Agreement. The amounts of the penalty are stipulated in the Policy on Cancellation of Order, Return of Vehicle and Refund. 

4.11. All payments under this Agreement are made in cash and non-cash forms. In cash form, payment is only possible in the national currency, tenge. In case of Booking the Vehicle outside the Website, payment is made based on an invoice issued by the Company or by other means (QR, Kaspi Red, etc.). 

4.12. In case of cancellation of the Vehicle Booking by Client, the Company shall refund the paid amount in the manner stipulated by Agreement and the Vehicle Booking Cancellation Policy, minus the commission withheld by the payment service.

5. Insurance and Company Programs

5.1. The Company has carried out mandatory insurance (OSGPO – Compulsory Liability Insurance) of the Vehicle at its own expense prior to its transfer to the Client. 

5.2. The VIP Service covers the Company's damage that may hypothetically arise during the Client's use of the Vehicle and which is expressed in the Client's payment of a non-refundable guarantee fee. 

5.3. The VIP Service includes the following packages:

* according to data from www.kolesa.kz 

5.4. In case the VIP Service is applied, the corresponding program shall be specified by the Parties in the Specification to this Agreement.

5.5. If the amount of damage to the Car exceeds the guaranteed limit under the damage protection program VIP1, VIP2, and “VIP3,” the total amount of damage to the Car shall be calculated using the formula: ∑у-Λл = Θо (∑у sum of the damage – Λл the guaranteed limit = Θо the remaining payment) and shall be reimbursed by the Client within ten (10) calendar days from the moment of receiving notification from the Company.

5.6. The application of the VIP1, VIP2, and VIP3 programs for damage to tires and/or wheels shall only occur if there is damage to other components and/or body parts (i.e., a Road Accident). Cases of hitting third-party obstacles (curbs, stones, road potholes) not pertaining to contact with another vehicle are not covered by the VIP1, VIP2, and VIP3 programs.

5.7. The VIP1, VIP2, and VIP3 programs are invalid in the cases stipulated in Appendix 6 to Agreement.

6. Liability of the Parties

6.1. The Client shall fully reimburse the Company for damage or the cost of the Vehicle and insurance payments in the following cases, and the Company's internal programs stipulated in Chapter 5 of Agreement, with the exception of the case provided for in paragraph 6.2 of Agreement, shall not apply:

• if at the time of the accident the Client, their representative, or any other person authorized by the Company to drive the Vehicle was intoxicated by alcohol, drugs, or other substances, or was of unsound mind, or did not have the right to drive the Vehicle;

• if the Client entrusted the driving of the Vehicle to another person without written consent from the Company;

• if the payment due under Agreement has not been made, has been made partially, or has been made late;

• in the event that one of the causes of the road accident was the Vehicle driver exceeding the speed limit established by the Road Traffic Regulations by more than 10 km/h (determined based on the results of an independent expert assessment or GPS tracking data).

6.2. If the road accident occurred due to the Client's non-compliance with the Road Traffic Regulations, the Client shall be liable for the damage. The amount of damage shall be determined by an independent appraiser selected by the Company or by assessing all materials and work at a technical service station (hereinafter – Service Station) selected by the Company. As part of the VIP Service, compensation for damage by the Company is provided only within the established guaranteed limit of the chosen VIP Service. The amount of damage exceeding the specified limit shall be fully reimbursed by the Client.

6.3. In case of Vehicle damage as a result of a road accident, if paragraph 3.2.6 of Agreement is violated, the Client shall fully reimburse the Company for the damage or the cost of the Vehicle. The cost shall be determined by an independent appraiser selected by the Company or by assessing all materials and work at a Service Station selected by the Company.

6.4. If the Client fails to return the Vehicle to the Company under the Return Form or returns it late, the Client shall pay the fee for using the rental item for the entire delay period and a penalty. For the Client's violation of the rental deadlines established in the terms of Agreement, the Client shall pay the Company a penalty amounting to 100% of the total Vehicle rental cost.

6.5. In case of damage to the Vehicle or any part thereof, if the same is not registered with the relevant competent authorities, or if the road accident certificate does not list all damages, and also in case of violation of paragraph 3.2.5 of this Agreement, the Client shall bear all expenses for restoring the Vehicle to its original condition. The Client shall also reimburse the Company for lost profit, calculated based on the daily rental fee for each day of Vehicle downtime required to bring it to proper technical condition.

6.6. If the Client allows additional persons to drive the Vehicle at the Client's request, the Client shall bear full liability under this Agreement for the rented Vehicle. All additional persons permitted to drive the Vehicle must be mandatorily listed in the Specification. Driving the Vehicle by persons not detailed in the Specification constitutes a violation of Agreement's terms.

6.7. In case of Vehicle damage due to the Client's fault (or if the culprit is not established), if the same is registered with the relevant competent authorities with the provision of corresponding documents, the Client shall reimburse the amount of damage to the Company based on the calculation of the restoration repair cost against the invoice of the official dealer or a specialized Service Station selected by the Company, or pursuant to the Independent Assessment Report. If the Vehicle is damaged or its technical condition does not correspond to the condition in which the Client accepted the Vehicle, and the Client lacks documents from the relevant competent authorities where the Vehicle damage is registered, the Client shall fully reimburse the Company for the damage. The Company shall withhold the amount of the damage caused from the refundable security deposit. After withholding the damage amount, the remaining part of the security deposit shall be returned to the Client. If the damage amount exceeds the size of the refundable security deposit, the Client undertakes to reimburse the difference in full.

6.8. The Client shall be liable for all violations of the Road Traffic Regulations recorded involving the Vehicle during the rental period (until the Vehicle is returned to the Company under the Return Form). The Client must, within 5 days from the moment of notification by the Company, reimburse the Company for the costs of paying fines and all additional expenses incurred by the Company for tracing the debtor and recovering the fine amount from them.

6.9. The Client undertakes to pay a penalty in the amount of twenty thousand (20,000) tenge for late payment of the rental fee if the delay exceeds 12 hours from the payment deadline established by the Company.

6.10. Other penalty sanctions from the Client in favor of the Company are contained in Appendix 4 to Agreement.

6.11. The Client shall independently bear the responsibility stipulated by the laws of the Republic of Kazakhstan for harm caused to the life, health, and property of third parties as a result of the Vehicle operation.

6.12. The Client shall independently and fully bear the expenses pertaining to harm caused to their well-being and health, as well as the well-being and health of passengers who were in the Vehicle, and also property located in the Vehicle and belonging to them or the passengers by right of ownership or use, during the operation of the Vehicle by the Client.

6.13. Payment of a fine and/or penalty shall not release the Client from fulfilling obligations to pay the principal debt for the rental, as well as from other obligations stipulated by Agreement.

7. Force Majeure

7.1. A Party shall be released from liability for partial or complete non-performance or improper performance of an obligation if the same was a consequence of force majeure that arose after the signing of Agreement as a result of extraordinary events that the Party could neither foresee nor prevent.

7.2. Force majeure is understood as: flood, fire, earthquake, natural phenomena, epidemic, war or hostilities, as well as decisions of state authorities or administration.

7.3. Upon the occurrence of such circumstances, the affected Party must notify the other Party in writing within five (5) calendar days.

7.4. The Party invoking force majeure must provide the other Party with official documents certifying the existence of these circumstances and, if possible, assessing their influence on the Party's ability to fulfill its obligations under Agreement. Force majeure of a well-known nature does not require proof.

7.5. If the Party affected by force majeure fails to send the documents regulated by Agreement certifying the existence of these circumstances, such Party shall be deprived of the right to invoke such circumstances as a basis releasing it from liability for non-performance or improper performance of obligations under Agreement.

7.6. In cases of force majeure, the deadline for the Party to fulfill obligations under Agreement shall be postponed proportionally to the time during which these circumstances and their consequences are in effect. If the occurred force majeure and their consequences persist for more than thirty (30) calendar days, the Parties shall conduct additional negotiations to determine acceptable alternative ways of executing Agreement, or the obligations of the Parties shall be terminated due to impossibility of performance (with the exception of monetary obligations) from the moment the force majeure arose.

8. Dispute Resolution

8.1. Pre-trial dispute resolution shall be carried out through negotiations and the submission of claims and is mandatory.

8.2. The Parties determine the following mandatory procedure for pre-trial dispute resolution:

8.2.1. The claim shall be submitted in writing and signed by a duly authorized person. The claim shall specify: the demands, the claim amount and its justified calculation (if the claim is subject to monetary valuation); the circumstances on which the demands are based, and the evidence supporting them; a list of documents and other evidence attached to the claim; and other information necessary for the dispute resolution. 

8.2.2. The claim shall be reviewed within ten (10) calendar days from the date of receipt, and the Party that submitted the claim shall be notified of the results of the review in writing. In the response to the claim, the Party that received the claim shall mandatorily state the reasons for the decision made and proposals for the procedure for dispute resolution. 

8.2.3. If the documents necessary for its review are not attached to the claim, they shall be requested from the Party that submitted the claim within three (3) calendar days from the date of receiving the claim, specifying the deadline for submission (not less than five (5) calendar days). If the requested documents are not received by the specified deadline, the claim shall be reviewed based on the available documents.

8.3. Disputes shall be resolved through judicial procedure: 

8.3.1. For residents of the Republic of Kazakhstan, in accordance with the laws of the Republic of Kazakhstan. The applicable law is the laws of the Republic of Kazakhstan. 

8.3.2. For non-residents of the Republic of Kazakhstan – at the International Arbitration Court ("IAC") in accordance with the regulations of the specified arbitration, composed of one arbitrator, observing the norms and procedures established by the laws of the Republic of Kazakhstan.

9. Final Provisions

9.1. This Agreement shall enter into force upon its Acceptance by the Client and shall remain in effect until the revocation of Agreement's acceptance.

9.2. Amendment and/or supplementation of Agreement and the Company's documents stipulated in Appendix 7 to Agreement shall be carried out by the Company unilaterally, without entering into additional agreements. Amendments introduced by the Company unilaterally shall enter into force upon the expiration of seven (7) calendar days from the date of approval. The Client undertakes to independently familiarize themselves with such changes.

9.3. If the Client disagrees with the amednments introduced unilaterally, they have the right to suspend the further use of the Services without terminating Agreement and/or withdraw from Agreement by notifying the Company's Support Service before the amendments enter into force. In this case, the Client is obliged to fulfill all obligations that arose before the date of suspension/termination of Agreement but were not fulfilled, including the payment for Services rendered by the Company before the termination of Agreement.

9.4. If the Client continues to use the Company's Services after the amendments to Agreement or the documents pertaining to Agreement enter into force, the Client shall be deemed to have accepted all the amendments.

9.5. The Parties acknowledge the legal force and proper execution in written form of documents signed by an authorized party and transmitted using facsimile communication, telegraph, teletype, electronic, or other communication (including via e-mail) in scanned format (.pdf, .gif, .jpg) and containing the display of the signature and seal of the sending party, and shall use them until the original documents are exchanged.

9.6. The recognition by a court of the invalidity of any provision of this Agreement shall not entail the invalidity of the remaining provisions.

9.7. ATTENTION! Photo and video materials are an integral part of Agreement and shall be attached to the Vehicle Acceptance/Return Form as an appendix. By signing the aforementioned Forms, the Client agrees to recognize the attached materials as valid.

9.8. By signing Agreement, the Client grants their unconditional consent to the Company for the collection and processing (including, but not limited to: collection, accumulation, storage, clarification (updating, modification), use, dissemination (including cross-border transfer to third parties), depersonalization, blocking, destruction) by the Company of their personal data (including, but not limited to, contact information, passport details, and other information concerning the personal data subject), provided to the Company by the Client for the purpose of establishing business relations, interaction as part of this Agreement, as well as for the purposes provided for in the Privacy Policy available on the Website.

10. DETAILS

 

PENALTY SANCTIONS

ATTENTION! If the Client fails to pay (or pays late) or partially pays the rental fee due under the Agreement, the Vehicle shall be deemed to be in the Client's ILLEGAL possession, and the OGPO insurance shall be VOID. In such a case, ANY damage caused to the Vehicle must be reimbursed entirely at the Client's expense.

Loss of the Vehicle Registration Certificate: 100,000 tenge.

Loss of the State Registration Plate: 150,000 tenge.

Loss or damage to the ignition key: pursuant to the car manufacturer's price list + 20% of the Vehicle rental cost.

Damage or loss of a child seat: 80,000 tenge.

Damage or loss of a USB cable or smartphone holder: 5,000 tenge.

Late payment of the rental fee (delay exceeding 12 hours): 20,000 tenge.

Return of a dirty Vehicle: 5,500 tenge for a sedan, 7,000 tenge for a crossover, 8,000 tenge for an SUV.

Refueling fee (return of Vehicle with an incomplete fuel tank): 400 tenge per 1 liter.

Travel within the city limits to fix a malfunction caused by the Client's fault: during working hours: 10,000 tenge, outside working hours: 15,000 tenge, plus an additional payment of 600 tenge per 1 kilometer of travel outside the city, if required.

Fine for over-mileage up to 200 km, resulting from the untimely delivery of the Vehicle to the Company for technical maintenance: 100,000 (one hundred thousand) tenge.

Fine for driving the Vehicle while intoxicated by alcohol, drugs, or toxic substances during the Vehicle rental period: 600,000 (six hundred thousand) tenge.

Fine for transferring the Vehicle control to a person not detailed in the Specification: 600,000 (six hundred thousand) tenge.

Fine in case of necessity for Vehicle evacuation and retrieval from an impound lot, resulting from Lessee's actions or omissions: in the amount of 200,000 (two hundred thousand) tenge.

Fines charged to the Client for delayed Vehicle return:

1. More than 60 minutes: ten percent (10%) of the daily Vehicle rental cost for each hour of delay, but for a delay not exceeding three (3) hours from the return time/date recorded in the Specification, provided that the Client has previously notified the Company of the delay.

2. More than three (3) hours: in the amount of the full Vehicle rental cost for one (1) day of rental, provided that the Client has previously notified the Company of the delay.

Previous notification of the Company of the delay means notifying the Company a minimum of eight (8) hours prior to the estimated time detailed in the Specification, by communicating through the means of communication specified in the Contact Details section of Agreement.

In case the Client fails to notify the Company in advance – the payment for the delayed Vehicle return shall be charged for full days according to the tariffs.

Smoking in the car: 100,000 tenge.

Travel outside the official limits of Almaty (without the Company's permission): 200,000 tenge.

Speeding over 140 km/h: 500,000 tenge.

Additional Services

1. Vehicle Delivery

 

2. Rates for Vehicle Travel Outside the Permitted Territory

 

 

VIP Service

When using the VIP Service, the Client is released from liability for reimbursing the Company for Vehicle damage for the following types of damage:

1. Damage to the rented car's body, minor scratches, chips, with the exception of dents on the car body;

2. Damage to glass, mirrors, lighting devices: including all exterior lights;

3. Damage to wheels and tires: including punctures, fittings, replacement, repair;

4. Damage to the roof;

5. Damage to the undercarriage (lower part of the car body);

6. Damage caused by natural disasters: covers damage from wind, fire, hail, and other causes pertaining to natural weather phenomena, provided there was no violation of the rental agreement;

The VIP Service is invalid and does not apply in the following cases:

1. The Client or another driver under the rental agreement violates the terms of paragraphs 3.2.3., 3.2.4., 3.2.5., 3.2.7., 3.2.8., 3.2.9., and 3.2.12. of Agreement.

2. The Client provided misleading or fraudulent information. The Company reserves the right to recover any insurance claims that were paid based on any incorrect information.

3. The Client failed to provide the documents that were requested during the processing of the Company's claims.

4. The Client's expenses are pertaining to incorrect refueling of the rented car (i.e., using the wrong fuel) or a mechanical breakdown that is caused by reckless driving or otherwise violates the terms of the rental agreement.

5. The Client failed to notify the police in accordance with the terms of the rental agreement. The Company recommends adhering to local requirements and notifying the relevant authorities before picking up the car.

6. The Vehicle was driven on a road without an asphalt surface, with the exception of driveways to the Client's place of residence and Vehicles for which explicit permission to drive on such roads is detailed in the Specification.

7. The Client used the Vehicle for the purpose of taxi activity, delivery of goods/other items pertaining to commercial activity.

8. In cases where a road accident or any other damage to any part of the Vehicle occurred outside the Republic of Kazakhstan and the Kyrgyz Republic.

9. The VIP Service does not cover the loss, theft, or damage to the personal belongings and property of the Client, other drivers, and passengers, or injuries sustained by the Client, other drivers, or passengers.