1. TERMS AND DEFINITIONS
1.1. Public offer - a public offer of the Site Owner, sent to anyone who responds to conclude a Service Agreement with him on the conditions contained in this Public Offer.
1.2. Acceptance - the person who has received the Public Offer performs actions to fulfill the conditions specified in it. Acceptance of this Public Offer is complete and unconditional. Acceptance of this Public Offer by a person under eighteen years of age is carried out only after reading this Public Offer in the presence of a parent or legal representative in order to make sure that such person, his parent or legal representative fully understand the essence of this Public Offer and agree with it .
1.3. System - a set of hardware and software that allows for online booking of hotel services posted on the website "Damda.uz", hereinafter referred to as the "Site".
1.4. Site Owner - DAMDA SAYYOH LLC. Resident of the Republic of Uzbekistan. The owner of the site acts as an information intermediary between the “User” and the “Contractor”. Under a transaction concluded by the “Owner of the site” with the “User” as a result of placing an Order, the rights and obligations arise directly from the “Contractor”.
1.5. User - a person who has made an Acceptance of this Public Offer, having an intention to purchase services, or ordering, purchasing or using services for purposes not related to conducting business activity, placing his order on the Site, or a person specified in the order as a User.
1.6. Contractor - a legal entity providing hotel services, registered on the Site.
1.7. Service - all hotel services posted on the Site, provided by the contractor
1.8. Site service - any online booking services provided by the site owner.
1.9. Personal account - a personal account of the User on the Website, to which funds are credited for the subsequent payment of Services by the User. The credited funds can be used as a prepayment for subsequent orders of the User on the Site.
1.10. Order - a properly executed request from the User for the Services selected on the Site (filling in the booking form).
1.11. Operator - a contact person through which the User can obtain additional information about the Site. Communication with the Site operator is possible by the indicated numbers, in the Contacts section of the Site or by means of Feedback and Online consultations on the Site.
1.12. Characteristics of the Order - all reservation metrics, type of Services, date of the Service, time of the Service, location of the Service, name of the Contractor
2. GENERAL PROVISIONS
2.1. This Public Offer (hereinafter referred to as the “Offer”) is the official public offer of the Site Owner, sent to anyone who responds to conclude an Agreement on the provision of online hotel booking services (hereinafter referred to as the “Agreement”) rendered by the Contractor.
2.2. In accordance with Articles 364-376 of the Civil Code of the Republic of Uzbekistan, the Acceptance by the User of this Public Offer is reason to consider the Agreement between the Site Owner and the User (collectively referred to as the “Parties”), regardless of the absence, signed on paper media between these Parties.
2.3. Protection of the rights of any of the Parties to the Agreement is regulated by the Civil Code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "On Protection of Consumer Rights", "On e-commerce", and other applicable regulatory and legal acts of the Republic of Uzbekistan.
2.4. Confirmation that all the terms of the Agreement are clear to the User and he agrees with these conditions as a whole and without reservations, is putting a mark in the column “I am familiar with the rules of the site” when entering the Site.
3. SUBJECT OF CONTRACT
3.1. In accordance with the terms of the Agreement, the Site Owner provides the User with access to the Website services for the purpose of online booking of hotel services provided by the Contractor.
3.2. Nothing in the Agreement can be understood as the establishment between the Website Owner and the User of agent relations, society relations, joint activity relations, personal employment relations, or some other relationship not expressly provided for in this Agreement.
4. REGISTRATION ON THE SITE
4.1. To place an Order, the User must register on the Site, indicating the email address of the User to which the registration is carried out and the mobile (cell) phone number of the User.
4.2. When registering, the User must fill in all the fields indicated on the Website as “required” to be filled out.
4.3. The owner of the Site is not responsible for the accuracy and correctness of information provided by the User during registration.
4.4. When registering on the Site, the User is assigned a User ID and opens a personal account. In order to be able to pay for the rights to use the services provided by the Site, the User must have a cash deposit on their personal account. Replenishment of the personal account, the number of which corresponds to the ID-user, is carried out both through the payment agent networks operating in the Republic of Uzbekistan (including the PAYCOM payment system) and by bank transfer to the current account of the Website Owner and in cash or by bank plastic card in his offices.
5. REGISTRATION AND CONFIRMATION OF THE ORDER
5.1. The order is issued by the User independently on the Site according to the instructions "How to book (make a reservation)". One Order must be issued one Order for the same parameters (date, time, type of service, last name / first name) in order to avoid displaying a “double” booking in the System. The Contractor reserves the right, at its own discretion, to change the date and time of the reservation, cancel the reservation and not accept the Users who have allowed the registration of a “double” booking. The Site Owner has the right to cancel one of these or both reservations when they are detected, and the Site Owner is not responsible for any consequences related to the processing of more than one order for one User by the User using the same parameters, including if creating a re-booking the previously created reservation was not paid by the User.
5.2. With all the conditions of the order, the User gets acquainted during the booking process. If the User does not understand any conditions of the Order, including the conditions for refusal, return, making any changes to the executed Order, the User can clarify the information he needs from the Operator.
5.3. Orders placed by the User are final and subject to automated processing in the System’s data processing system.
5.4. The fact of payment of the Order (if the selected Site Service implies online payment or payment in cash or by bank plastic card) the User confirms his acceptance of the terms of this Public offer and, accordingly, its Acceptance, as well as acceptance of all the Order Specifications and User data.
6. ORDER OF PAYMENT AND CONFIRMATION OF THE ORDER
6.1. The user independently manages the amount available on his personal account. Funds credited to the Personal Account can only be used for targeted use. The use of the User’s Personal Account for other purposes outside the Site, as well as the return of funds in the form of cash, is not allowed.
6.2. Payment for the Order is carried out by the System by automatically debiting the corresponding amount from the Personal Account of the User. The prices shown in soums and dollars may not coincide due to the difference in rates between the Central Bank and commercial banks.
6.3. Payment for the Order is carried out only within the amount available on the Personal Account of the User. In case of insufficiency of funds on the Personal Account, payment for the Order can only be made after the User replenishes his Personal Account.
6.4. The amount of the advance payment for the Order is determined by the Service Provider itself. The amount of the prepayment may be changed by the Service Provider at any time.
6.5. After the User completes the Order Payment, the electronic reservation of the Services is automatically generated in the booking system or executed by the Operator in the booking system. The e-booking issued using one of the above methods is displayed in the user's personal account on the Site, and also sent to his email address specified during registration. In some cases, the reservation is made within 6 hours from the date of payment of the Order.
6.6. Methods of payment for the Order are listed on the Site in the section "How to pay", which is an integral part of this Public Offer.
7. CHANGE OF ORDER. DISCLAIMER OF THE SERVICES OF THE EXECUTOR
7.1. Changes in the characteristics of the booked and paid Order are based on the internal resources of the System. The User cannot change the Characteristics of the Order if they are not provided for by the Site.
7.2. The User may change the Characteristics of the Order 72 (seventy-two) hours prior to the date of the Service, by written request to the Site or verbally by phone specified in the Contacts section.
7.3. In case the User refuses from the booked and paid Order no later than 72 (seventy two) hours prior to the date of the Service, the funds debited from the User’s account will be returned to his Personal Account, which the User has the right to spend at his own discretion for booking other Site Services.
7.4. If the refusal of the booked Service or payment for the reservation occurred less than 72 hours before the date of commencement of the Services, the funds debited from the online wallet of the User (prepayment for the Order) are not returned, regardless of the type and characteristics of the Services.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Contractor shall:
8.1.1. From the moment of the conclusion of the Agreement to ensure the full performance of all obligations to the User in accordance with the conditions stipulated by the Agreement, as well as the rules and regulations posted on the Website, reserving the right to default in the event of the situations described in paragraph 7.3. this Public Offer.
8.1.2. Not to disclose any private information about the User and not to provide access to this information to third parties, except as required by law.
8.2. The performer has the right to:
8.2.1. Accept the User (check in the room) with a deviation of fifteen (15) minutes from the time of the Service indicated at the time of booking, having notified the User in advance.
8.2.2. Do not provide the Services according to the date and time of the reservation, if the User places an Order less than 24 (twenty four) hours prior to the provision of the Services.
8.3. User undertakes to:
8.3.1. It is imperative to comply with the terms of the Agreement, the rules and regulations posted on the Website.
8.3.2. Report all the necessary reliable data by filling out the relevant forms on the Website using the list specified in this form, identifying it as a User.
8.3.3. Strictly do not use for commercial purposes the information posted on the Site.
8.3.4. Not to take actions aimed at obtaining unauthorized access to the resources of the System, not to participate in network attacks on the System and in hacking it.
8.3.5. Do not take actions aimed at disrupting the normal functioning of the elements of the System (computers, equipment or software).
8.3.6. To bear the property and other liability stipulated by the current legislation of the Republic of Uzbekistan for any data posted on the Site, including but not limited to the following: texts, comments, images, as well as any other information. At the same time, it does not matter whether information is available for public access or transmitted for personal / restricted use. Also at the same time, the Owner of the Site does not control the data posted by the User and, accordingly, does not guarantee their accuracy. All information posted on the Site is indexed by search engines and can be available to anyone.
8.3.7. Do not perform actions and post data that fits the following descriptions: • Data that is illegal, harmful, threatening, offensive, defamatory, pornographic, hateful, or inciting racial, ethnic or national discord, or otherwise unlawful; • Data that may in any way harm minors; • Impersonate any other natural or legal person; • Data violating any property rights, copyright and related rights, patents and trademarks of any persons; • Upload, post or otherwise transmit intrusive and unsolicited advertising and correspondence, "spam", "letters of happiness", invitations to participate in pyramid schemes or impose services in other ways; • Download, post or otherwise transmit any material containing viruses or other program code, programs and files aimed at violating, destroying or limiting the functionality of any software, hardware or telecommunications equipment; • To harass, harass, insult, persistently pursue or otherwise maliciously cause anxiety to any natural or legal person; • Collect and / or store personal data about other Users for commercial purposes. • Provide or disseminate information or instructions for committing unlawful acts, promote physical harm or harm to any government agency, natural or legal person, promote ill-treatment of animals. This includes, among other things, instructions for creating explosive devices, explosives, incendiary mixtures, as well as other types of weapons and means of destruction.
8.3.8. On time (according to the time and date of booking) to arrive at the place of service. Otherwise, the Contractor reserves the right to refuse to provide the Services reserved through the Site.
8.3.9. Do not use automatic programs (bots) to gain access to the System.
8.4. The system user has the right to:
8.4.1. Independently manage the deposit amount of your Personal Account in accordance with the terms and conditions set forth in this Public Offer.
8.4.2. Independently choose on the Site Services for the subsequent booking.
8.5. The owner of the Site has the right to:
8.5.1. Delete the registration of any User without prior notice.
8.5.2. If necessary, send messages by e-mail and (or) by phone regarding the use of the System services.
8.5.3. The Site Owner is not liable to the User in the event of total or partial inoperability of the Site and its components for some time, as well as in the absence of the User’s access to the Site’s services or incurring any indirect or direct costs due to these circumstances. All offers, prices and terms of sale can be: changed without notifying the User, limited in time and terms of pre-Order, appointment dates for appointments to doctors and other Services, terms of minimum or maximum stay at the destination (waiting in line for an appointment to see a doctor or queues for other services), factors of weekends and holidays, seasonal price fluctuations, as well as strikes and temporary inoperability of booking systems and / or are subject to other changes, conditions and restrictions.
9. SETTLEMENT OF DISPUTES AND RESPONSIBILITY OF THE PARTIES
9.1. The Contractor will do everything possible to ensure the full performance of their obligations to the User in accordance with the Agreement.
9.2. For non-fulfillment or improper fulfillment of obligations under the Agreement, the Parties bear property liability in accordance with the terms of the Agreement and the current legislation of the Republic of Uzbekistan.
9.3. The owner of the Site is not responsible for the quality and correctness of the Services provided, which the User used, having reserved them through the Site. The owner of the Site is not an institution providing hotel services and does not have the right to provide any hotel services. The entire responsibility for the rendered hotel services lies with the Contractors and their specialists providing hotel services.
9.4. The Parties are exempt from liability for failure to fulfill or improper fulfillment of obligations under the Contract for the duration of the force majeure. By force majeure means extraordinary and insuperable circumstances under the given conditions, which hinder the fulfillment of their obligations by the Parties to the Treaty. These include natural disasters (earthquakes, floods, etc.), the circumstances of public life (military actions, emergency situations, major strikes, epidemics, etc.), prohibitive measures by state bodies. During this time, the Parties do not have mutual claims, and each Party assumes its risk of the consequences of force majeure.
9.5. If the selected Service does not imply an online payment for the Order, the Contractor, which provides the Services according to the Order, as well as the Site Owner himself shall not be obligated to fulfill the Order before the User.
9.6. Disputes and disagreements not settled by the Parties shall be resolved by the courts of the Republic of Uzbekistan in accordance with the procedure established by the legislation of the Republic of Uzbekistan.
10. TERM OF TERMINATION AND TERMINATION AND AMENDMENT OF PUBLIC OFFER AND AGREEMENT
10.1. The validity of this Public Offer is not limited.
10.2. The contract concluded on the basis of this Public Offer is valid until the user ID is permanently removed from the Site.
10.3. Removing an ID-user from the Site automatically entails the immediate termination of the Agreement.
10.4. User ID can be removed from the Site in the following cases: • At the initiative of the User; • At the initiative of the Site Owner, if the User has not used his ID-user on the Site more than 12 months since the last use of the ID-user.
10.5. Deleting an ID-user from the Site at the initiative of the User with a positive balance of the Personal Account must be accompanied by a written Agreement on termination of the Agreement between the Parties. In this case, the funds available in the User’s Personal Account can only be returned by transferring to the deposit account until the User’s demand.
10.6. The User assumes all possible commercial risks (placing a new Order, changing the tariff, returning the money, etc.) related to his actions regarding errors, inaccuracies in the provision of the data requested by the Contractor.
10.7. The Site Owner reserves the right to make changes to this Public Offer at any time by posting it on the Website in a new edition, in connection with which the User undertakes to regularly monitor changes to this Public Offer regularly posted on the Website’s “User Agreement” section.
10.8. Any actions of the User continuing to use the Site after making changes to this Public Offer mean that the User confirms his acceptance of the terms of the changes to this Public Offer and, accordingly, its Acceptance, which accordingly means the conclusion of the Agreement on the new modified conditions.
The user confirms that he is familiar with all points of this Public Offer and unconditionally accepts them.