A proposal for a pre-trial settlement of a dispute over the provision of tourist services
For an individual entrepreneur
N-oh, Asetkyzy
Place of registration: Almaty, Alatau district,
Nurkent microdistrict, 5/7, sq. 128
actual address: Almaty, Medeu district,
Z. Shashkina str., 23, sq. 15
From K-oh A-s Salykchanovna
Almaty, ul.... 9/12, sq. 21
phone: +7 777....
Representative: Law and Law Law Firm
BIN 201240021767
79/71 Abylai Khan ave., office 304, Almaly district, Almaty
Phone: 87085785758, 87009785755
a proposal for a pre-trial settlement of the dispute.
On June 4, 2025, Agreement No. 417 (hereinafter referred to as the Agreement) on the provision of tourist services in Bali was signed between me, K-oh A-oh Salykchanovna, and you. In fulfillment of the terms of the Contract, I paid for tourist services in the amount of 800,000 tenge.
However, subsequently, you violated the terms of the Contract; the services that you promised to provide to me and which were specified in the Contract were not provided.
Also, 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 whether you have a license or notification to engage in activities in the field of outbound tourism (preamble of the Model Contract);
- the data of the Consumer's family members is missing (for notification of an emergency with a tourist) (paragraph 2 of the Model Agreement);
- there is no indication of the country (place) of temporary stay, points of stay, tourist route, visit to tourist resources (paragraph 4 of the Model Agreement);
- there is no indication of 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 about the availability of a tour guide, a guide and a tourism instructor (paragraph 8 of the Model Agreement);
- there is no 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 Agreement).
And also, three days before the start of the trip, you 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).
You also did not provide me with information about third parties providing individual 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.
Thus, the agreement No. 417 concluded between us is invalid due to the provisions of Article 157 of the Civil Code of the Republic of Kazakhstan.
As a result of concluding a contract that does not comply with the requirements of the legislation of the Republic of Kazakhstan and your failure to fulfill its terms, I suffered property and moral damage.
Property damage was caused to me in the amount of 705,700 tenge, including the cost of air travel in the amount of 439,700 tenge and accommodation in the amount of 266,000 tenge.
I also experienced moral damage, expressed in disappointment from your non-compliance with the terms of the Contract and the inconsistency of the travel conditions with the advertising that you 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, I estimate the amount of compensation for moral damage in 1,000,000 tenge.
In connection with the above, I ask you:
1) Return to me the amount paid under the Contract: 800,000 tenge;
2) To compensate for losses: expenses for air travel and accommodation in the amount of 705,700 tenge;
3) To compensate moral damage in the amount of 1,000,000 tenge.
To satisfy the requirements on a voluntary basis within 10 (ten) calendar days from the date of receipt of this offer.
In case of refusal or failure to provide a response, I reserve the right to file a lawsuit with the specified requirements, with the costs of the representative and court costs imposed on you.
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.
According to paragraph 4 of Article 157-1 of the Civil Procedure Code of the Republic of Kazakhstan, 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 related to the recognition of the transaction as invalid.
I also reserve the right to file a complaint with the competent state authorities to verify that your activities comply with the requirements of the legislation of the Republic of Kazakhstan.
I ask you to provide the answer to the name of the Law and Law Law Firm at the address: Almaty, Almaly district, 79/71 Abylai Khan Ave., office 304, or to the WhatsApp number +7 700 978 5755 .
Appendix: power of attorney, attorney's certificate, certificate of state registration of a legal entity.
K-a A.S.
Representative
lawyer Sarzhanov G.T.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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