A claim for invalidation of a service agreement
To the Alatau District Court of Almaty
plaintiff: K-a A-a Salykchanovna
IIN ......
Almaty, K street........., 9/12, block 21
phone: +777...
Representative: lawyer Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty
Phone: +77085785758
Representative: lawyer Sabit Davletovich Nigmetov
IIN ..
79 Abylai Khan Ave., office 304, Almaty
Phone: +77009785755
the defendant:Individual entrepreneur
N-a- Asetkyzy (IP Nora)
IIN .................
Place of registration: Almaty, Alatau district, md. Nurkent, 5/7, sq. 128
actual address: Almaty, Medeu district, Z. ... str., 23, sq. 15
tel. +...
the price of the claim: 2,457,327 tenge
a claim for invalidation of the transaction.
On June 4, 2025, an Agreement No. 417 on the provision of services on the island of Bali in the Republic of Indonesia (hereinafter referred to as the Agreement) was concluded between me, K-oh A-oh Salykchanovna, and the defendant N-oh A-Asetkyzy (IP Nora).
According to clauses 1.1 and 2.1 of the Contract, the defendant undertook to provide services in the form of a complex of tourist and other services related to tourism and travel.
According to clause 1.2 of the Agreement, the Agreement is a contract for the provision of services in the field of tourism.
In fulfillment of the terms of the Contract, I made a payment to the defendant in the amount of 800,000 tenge.
However, subsequently, the defendant violated the terms of the Contract. The services that the defendant was obligated to provide to me and which were specified in the Contract were not provided.
During the study of the terms of the Agreement and the legislation of the Republic of Kazakhstan in the field of tourism, it was revealed that the terms of the Agreement do not comply with the terms of the Standard Contract for Tourist Services approved by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated January 30, 2015 No. 81 (hereinafter referred to as the Model Contract), namely:
- there is no information in the Contract about the availability of a license or notification for the defendant to engage in activities in the field of outbound tourism (preamble of the Model Contract);
- the Contract does not contain the Data of the Consumer's family members (for notification of an emergency with a tourist) (paragraph 2 of the Model Contract);
- the Agreement does not specify the country (place) of temporary stay, points of stay, tourist route, visit to tourist resources (paragraph 4 of the Model Agreement);
- the Contract does not specify the type, type and category of transport, at all stages of the journey, including transfer services, the name of the carrier / carriers (paragraph 7 of the Model Contract);
- there is no information in the Contract about the availability of a tour guide, a guide and a tourism instructor (paragraph 8 of the Model Contract);
- the Contract does not contain information about third parties providing individual services included in the tourist product to the extent necessary to fulfill obligations under such an agreement (paragraph 11 of the Model Contract).
And also, three days before the start of the trip, the defendant did not provide me with written information about the specifics of travel, including the necessary and reliable information about the rules of entry, exit and stay in the country (place) of temporary stay, legislation, customs of the local population, religious rituals, shrines, natural monuments, history., culture (subparagraph 4) of paragraph 18 of the Model Agreement).
Also, the defendant did not provide me with information about third parties providing certain tourist services included in the tourist product (subparagraph 8) of paragraph 18 of the Model Agreement).
The following documents were not attached to the Agreement:
1) a copy of the notice/license for tourist activity;
2) payment receipt;
3) a tourist voucher (for the sale of a tourist product) indicating the tourist code;
4) Insurance certificate;
5) information on the specifics of travel provided for in paragraph 4 of Article 26 of the Law of the Republic of Kazakhstan "On Tourism Activities in the Republic of Kazakhstan" (paragraph 31 of the Model Agreement).
According to paragraph 28 of the Model Agreement, "When concluding a contract for tourist services, it is not allowed to exclude the provisions provided for in the Model Agreement approved by Order No. 81 of the Minister of Investment and Development of the Republic of Kazakhstan dated January 30, 2015."
The above is confirmed by the Contract No. 417 for the provision of services dated June 4, 2025, checks for payment of 200,000 tenge and 600,000 tenge, a Standard contract for tourist services, approved by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated January 30, 2015 No. 81.
According to paragraph 2 of Article 15 of the Law of the Republic of Kazakhstan "On Tourism activities in the Republic of Kazakhstan" in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications": tour operator activity in the field of outbound tourism is a licensed subspecies of activity. On the portal "elicence.kz Electronic licensing of the Republic of Kazakhstan" there is no information about the availability of a license to engage in tour operator activities.
I sent the defendant a proposal for a pre-trial settlement of the dispute, however, the defendant did not agree to pay me the money I had paid under the Contract and to compensate for losses and moral damage. The above is confirmed by the Proposal for a pre-trial settlement of the dispute dated 07/15/2025 and 07/24/2025, the receipt of Kazpost JSC and screenshots of correspondence with the defendant in the WhatsApp mobile application.
According to paragraph 1 of Article 157 of the Civil Code of the Republic of Kazakhstan, a transaction is invalid on the grounds established by this Code or other legislative acts, by virtue of its recognition as such by a court (disputed transaction) or on grounds directly provided for by legislative acts, regardless of such recognition (void transaction).
According to paragraph 1 of Article 158 of the Civil Code of the Republic of Kazakhstan, a transaction the content of which does not comply with the requirements of the law, as well as a transaction made for a purpose knowingly contrary to the principles of law and order, is contested and may be declared invalid by a court, unless otherwise provided by this Code and other legislative acts of the Republic of Kazakhstan.
According to paragraph 5 of Article 3 of the Civil Code of the Republic of Kazakhstan, ministries and other central executive bodies, local representative and executive bodies may issue acts regulating civil relations in the cases and within the limits provided for by this Code and other acts of civil legislation.
Thus, the Contract concluded between me and the defendant is invalid by virtue of the provisions of Article 157 of the Civil Code of the Republic of Kazakhstan.
According to Article 157-1 of the Civil Code of the Republic of Kazakhstan:
3. In case of invalidity of the transaction, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return in kind (including when the received is expressed in the use of property, work performed or services provided) – to reimburse the cost of the returned property, the cost of using the property, work performed or services rendered in money, if other consequences of the invalidity of the transaction are not provided for by this Code or other legislative acts of the Republic of Kazakhstan.
4. The court may recover from the party guilty of committing acts that caused the invalidity of the transaction in favor of the other party the losses incurred by the latter in connection with the recognition of the transaction as invalid.
According to paragraph 1 of Article 9 of the Civil Code of the Republic of Kazakhstan, the recognition by a court of a disputed transaction as invalid and the application of the consequences of its invalidity, the application of the consequences of the invalidity of a void transaction are one of the ways to protect civil rights.
According to paragraph 4 of Article 9 of the Civil Code of the Republic of Kazakhstan, a person whose right has been violated may demand full compensation for the losses caused to him, unless otherwise provided by legislative acts or a contract.
Losses mean expenses that are incurred or should be incurred by a person whose right has been violated, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost profits).
According to Article 7 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection", consumers have the right to:
6) proper quality of goods (works, services);
8) full compensation for losses (harm) caused to their life, health and (or) property as a result of defects in goods (work, services);
12) compensation for moral damage.
According to Article 21 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection" compensation for moral damage caused to the consumer as a result of violation by the seller (manufacturer, performer) of his rights and legitimate interests provided for by the legislation of the Republic of Kazakhstan on consumer rights protection may be carried out by a court or subjects of pre-trial settlement of consumer disputes, unless otherwise provided by the laws of the Republic of Kazakhstan.
According to paragraph 1 of Article 951 of the Civil Code of the Republic of Kazakhstan, moral harm is a violation, diminution or deprivation of personal non–property benefits and rights of individuals, including moral or physical suffering (humiliation, irritation, depression, anger, shame, despair, physical pain, inferiority, discomfort, etc.) experienced by (suffered, experienced) by the victim as a result of an offense committed against him, and in the event of his death as a result of such an offense – by his close relatives, spouse.
According to paragraph 2 of article 951, moral damage is compensated by the causer in the presence of the causer's fault.
As a result of the conclusion of a contract that does not comply with the requirements of the legislation of the Republic of Kazakhstan and the failure of the defendant to fulfill its terms, I suffered property and moral damage.
I incurred flight expenses in the amount of 850 US dollars, which is equivalent to 456,739 tenge, at the exchange rate of the US dollar to tenge on the day of filing the claim, according to the certificate of the National Bank of the Republic of Kazakhstan dated 08/25/2025. (1 US dollar – 537.34 tenge). I also paid 134,964 tenge to Namaste Travel Company LLP for a flight ticket from Kuala Lumpur to Almaty. This is confirmed by tickets for flights on the routes Almaty – Kuala Lumpur dated July 1, 2025, Kuala Lumpur - Bali dated July 2, 2025, Bali - Kuala Lumpur dated July 9, 2025, Bali – Kuala Lumpur dated July 16, 2025, Kuala Lumpur – Almaty dated July 17, 2025 by receipt of Kaspi JSC dated July 9, 2025 for payment to Namaste Travel Company LLP, route receipt dated July 1, 2025, route receipt dated July 2, 2025, route receipt dated July 9, 2025, route receipt dated July 16, 2025, route receipt dated July 17, 2025
I also incurred expenses for accommodation at the Tune Hotel in Kuala Lumpur in the amount of 516 Malaysian ringgit, which is equivalent to 65,624 tenge at the exchange rate of the Malaysian ringgit to tenge on the day of filing the claim, according to the certificate of the National Bank of the Republic of Kazakhstan dated 08/25/2025 (1 Malaysian ringgit – 127, 18 tenge). This is confirmed by an invoice, as well as a check from the Tune Hotel.
Thus, due to the defendant's dishonesty, I suffered losses in the amount of 657,327 tenge, which are subject to recovery from the defendant.
The moral damage was expressed in disappointment from the defendant's non-compliance with the terms of the Contract and the inconsistency of the travel conditions with the advertising that the defendant posted on the Internet, and I also experienced severe stress, discomfort and anxiety due to being in a foreign country without knowledge of the language, laws and support. In addition, there were people in my place of residence who were intoxicated, which caused me severe stress, fearing for my life and health, as well as for the safety of my property. I estimate the amount of compensation for moral damage at 1,000,000 tenge.
According to article 102 of the Civil Procedure Code of the Republic of Kazakhstan, court costs consist of state fees and costs related to the proceedings.
According to paragraph 9) of Article 108 of the Civil Procedure Code of the Republic of Kazakhstan, the costs associated with the proceedings include other costs recognized by the court as reimbursable, including those incurred by the parties in the procedures of mandatory pre-trial dispute settlement upon subsequent appeal to the court. To provide legal assistance in the framework of the pre-trial settlement, I paid 200,000 tenge to the Law and Law Law Firm, which I ask you to recognize as court costs and collect from the defendant.
According to article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. I have paid legal assistance in the amount of 300,000 tenge to the Law and Law Law Firm for representing my interests in court, which I ask you to recognize as expenses for paying for the assistance of a representative and collect from the defendant.
Based on the above, I ask:
1. To invalidate the Contract No. 417 for the provision of services dated June 4, 2025, concluded between N-oh A-Asetkyzy and K-oh A-oh Salykchanovna;
2. To collect from N-o A- Asetkyzy in favor of K-o A-s Salykchanovna the amount paid under the Contract in the amount of 800,000 tenge;
3. To recover losses in the amount of 657,327 tenge from N-o A-Asetkyzy in favor of K-o A-s Salykchanovna;
4. To collect compensation for moral damage in the amount of 1,000,000 tenge from N-o A- Asetkyzy in favor of K-o A-s Salykchanovna;
5. To collect a state fee in the amount of 18,506 tenge from N-o A-Asetkyzy in favor of K-o A-s Salykchanovna;
6. To collect from N-o A- Asetkyzy in favor of K-o A-s Salykchanovna court costs in the amount of 200,000 tenge for the payment of legal assistance at the stage of pre-trial settlement;
7. To collect from N-o A- Asetkyzy in favor of K-o A-s Salykchanovna the costs of paying for assistance in the amount of 300,000 tenge.
Appendix: receipt of payment of the state fee, Contract No. 417 for the provision of services dated June 4, 2025, receipt for payment of 200,000 tenge dated 06/04/2025, receipt for payment of 600,000 tenge dated 06/05/2025, certificate of the National Bank of the Republic of Kazakhstan on daily exchange rates dated 08/25/2025, flight ticket on the route Almaty – Kuala-Lumpur dated July 1, 2025, flight ticket on the Kuala Lumpur - Bali route dated July 2, 2025, flight ticket on the Bali – Kuala Lumpur route dated July 9, 2025, flight ticket on the Bali route – Kuala Lumpur, July 16, 2025, Kuala Lumpur flight ticket – Almaty dated July 17, 2025, receipt of Kaspi JSC for payment of 134,964 Namaste Travel Company LLP dated July 9, 2025, route receipt dated July 1, 2025, route receipt dated July 2, 2025, route receipt dated July 9, 2025, route receipt dated July 16 July 2025, itinerary receipt dated July 17, 2025, invoice of the Tune Hotel, receipt of the Tune Hotel, Standard contract for tourist services from the Reference Control Bank of the National Bank of the Republic of Kazakhstan, coupon for registration of IP Nora, proposal for pre-trial settlement of the dispute dated July 15, 2025, proposal for pre-trial settlement of the dispute from 07/24/2025, receipt of Kazpost JSC, screenshots of correspondence, Contract for the provision of legal assistance, receipt for payment of legal assistance in the amount of 200,000 tenge, receipt for payment of legal assistance in the amount of 300,000 tenge, power of attorney of Sarzhanov G.T., notification of Sarzhanov's representative office, certificate of attorney of Sarzhanov G.T., power of attorney of Nigmetov S.D., notification of S.D. Nigmetov's representative office, S.D. Nigmetov's lawyer's certificate.
Plaintiff K-a A.S.
Representative
Lawyer Sarzhanov G.T.
08/25/2025
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