Public offer agreement for the provision of services of the “black canyon” recration area
This public offer (hereinafter referred to as the “Offer”) sets out the terms and conditions for using the services of the “Qara Shatqal” recreation area (hereinafter referred to as the “Recreation Area”). Acceptance of the terms of this Offer is carried out by paying for the services of the Recreation Area or by actually visiting its territory.
1. GENERAL PROVISIONS
1.1. This Offer has been developed in accordance with the Civil Code of the Republic of Kazakhstan (Articles 395 and 396) and is an official document governing the relationship between “Қара Шатқал” LLP (hereinafter referred to as the “Administration”) and the Client.
1.2. This Offer has been developed in accordance with the Civil Code of the Republic of Kazakhstan and constitutes a public offer to enter into an agreement on the terms and conditions set forth herein.
1.3. Payment for services, booking, purchase of tickets, or actual entry into the territory of the tourist complex constitutes the Visitor’s full and unconditional acceptance of the terms of this Offer.
1.4. The Visitor confirms that they have read this Offer, understand its contents, and accept all rights and obligations provided for by this Offer.
1.5. This Offer is published on the website: https://blackcanyon.kz/.
2. SERVICES PROVIDED
2.1. The Administration provides the following services:
• access to the territory of the tourist complex;
• access to the territory of the “Qara Shatqal” tourist complex and the “Aqtogay” location;
• accommodation services;
• use of the Complex’s infrastructure;
• organization of excursions;
• catering services;
• provision of sauna and other wellness services;
• use of observation decks, walking areas, photo zones, and tourist infrastructure facilities;
• use of swings located on the territory of the Complex;
• other services provided on the territory of the Complex.
2.2. The list, cost, and procedure for providing individual services are determined independently by the Administration and may be changed.
2.3. The Administration has the right to introduce temporary restrictions related to weather conditions, technical works, events, or safety requirements.
3. TERRITORY FEATURES AND NATURAL RISKS
3.1. The tourist complex is located in a natural area and includes rocks, cliffs, canyons, a river, mountainous terrain, and other natural features.
3.2. The Visitor acknowledges and accepts that staying on the territory of the Complex involves natural risks, including but not limited to:
• strong winds;
• high air temperatures;
• low temperatures;
• precipitation;
• floods;
• rockfalls;
• landslides;
• changes in elevation;
• wild animals, birds, insects, and reptiles.
3.3. The Visitor undertakes to exercise reasonable caution and independently assess their health condition and ability to safely stay on the territory of the Complex.
3.4. Swimming in the river, crossing barriers, entering prohibited areas, and approaching cliffs are strictly prohibited.
3.5. The Administration has the right to restrict access to certain areas of the territory for safety purposes.
3.6. The Visitor acknowledges that the use of swings, observation decks, stairs, bridges, photo zones, and other tourist infrastructure facilities involves an increased risk of injury and undertakes to comply with safety requirements and refrain from actions that may endanger life or health.
3.7. Before using swings, observation decks, and other tourist infrastructure facilities, the Visitor independently assesses their physical condition, health, age, and other circumstances.
3.8. The use of swings located on the territory of the Complex is carried out voluntarily and at the Visitor’s own risk, subject to the established restrictions and safety requirements.
3.9. Visitors are prohibited from swinging in violation of safety rules, standing on the seats, performing dangerous actions, using the swings while under the influence of alcohol or drugs, or allowing minor children to use them without adult supervision.
4. VISITORS’ OBLIGATIONS
The Visitor shall:
4.1. Comply with the requirements of this Offer.
4.2. Comply with the lawful requirements of the Administration’s employees, instructors, and rescuers.
4.3. Maintain public order and treat other visitors with respect.
4.4. Treat the Complex’s property with care.
4.5. Comply with safety regulations.
4.6. Not create a threat to the life, health, or property of other persons.
4.7. Not leave children under the age of 14 unattended.
4.8. Immediately notify the Complex’s employees of accidents, safety threats, and other emergency situations.
4.9. Clean up after themselves on the territory of the recreation area, including in gazebos, rented gazebos, yurts, and other places provided by the recreation area. In case of violation of this clause, the Visitor shall pay a fine of KZT 5,000 (five thousand tenge) upon the Administration’s request.
4.10. Dispose of waste only in specially designated areas, garbage bins, etc. In case of violation of this clause, the Visitor shall pay a fine of KZT 5,000 (five thousand tenge) upon the Administration’s request.
4.11. Smoke tobacco products only in specially designated areas. In case of violation of this clause, the Visitor shall pay a fine of KZT 10,000 (ten thousand tenge) upon the Administration’s request.
4.12. Not bring their own food into the territory of the recreation area without prior approval from the Administration. In case of violation of this clause, the Visitor shall pay a fine of KZT 10,000 (ten thousand tenge) upon the Administration’s request.
4.13. Not enter the territory of the recreation area outside its operating hours. In case of violation of this clause, the Visitor shall pay a fine of KZT 100,000 (one hundred thousand tenge) upon the Administration’s request.
4.14. Visitors are prohibited from being on the territory of the recreation area wearing open footwear. The Visitor is informed and acknowledges that, despite the Administration taking necessary measures to maintain the territory and minimize natural risks, wildlife (including snakes, scorpions, solifuges, and other animals) may be present on the territory, and bites or contact with them may cause harm to health. In case of violation of this requirement, the Visitor assumes the risk of such circumstances occurring. The Administration shall not be liable for consequences resulting from the Visitor’s failure to comply with safety requirements, including being on the territory in open footwear.
4.15. Use the toilet facilities only in the designated toilet area. In case of violation of this clause, the Visitor shall pay a fine of KZT 20,000 (twenty thousand tenge) upon the Administration’s request.
4.16. Before sitting on the swing, fasten the safety belt, keep your hands down, listen to the instructor, do not unfasten the safety belt, hold the swing handles with both hands, do not take photos or videos while on the swing, and do not violate safety regulations.
4.17. In case of heavy precipitation, leave the territory of the recreation area, except for persons who have rented accommodation.
5. PROHIBITIONS AND RESTRICTIONS
The following are prohibited on the territory of the Complex:
5.1. Bringing weapons, explosives, toxic substances, and other hazardous materials onto the territory.
5.2. Making fires or using open flames outside specially designated areas.
5.3. Using pyrotechnic devices.
5.4. Entering service and technical premises.
5.5. Climbing over fences and warning barriers.
5.6. Swimming in the river.
5.7. Using drones without the written permission of the Administration.
5.8. Conducting professional photo and video shooting without prior approval.
5.9. Violating public order.
5.10. Using narcotic drugs and psychotropic substances.
5.11. Bringing in or consuming alcoholic beverages.
5.12. Being under the influence of alcohol, drugs, or toxic substances.
5.13. Playing loud music that disturbs the comfort of other visitors.
5.14. Unauthorized movement of warning signs, fences, signs, and other safety elements.
5.15. Disposing of waste outside specially designated areas.
5.16. Causing harm to vegetation, wildlife, and natural objects.
5.17. Using swings, observation decks, and other tourist infrastructure facilities while under the influence of alcohol, drugs, or toxic substances.
5.18. Standing on swing seats, performing dangerous maneuvers, or creating a threat to the life and health of other persons.
5.19. Leaving minors unattended while using swings, observation decks, and other high-risk facilities.
5.20. Unauthorized movement of fences, warning signs, and other safety elements.
6. MINOR VISITORS
6.1. Parents, legal representatives, or other accompanying persons bear full responsibility for the life, health, and safety of minor visitors.
6.2. Children under the age of 14 (fourteen) must remain under the constant supervision of accompanying adults.
6.3. The Administration does not perform child supervision functions and shall not be liable for consequences arising from leaving minors without proper supervision.
7. ANIMALS
7.1. Visiting the Complex with pets is permitted provided that the safety of other visitors is ensured.
7.2. Animal owners shall ensure proper control of their animals and independently clean up after them.
7.3. Animal owners bear full responsibility for damage caused by their animals to third parties or to the Complex’s property.
8. PHOTO, VIDEO RECORDING, AND VIDEO SURVEILLANCE
8.1. Video surveillance is conducted on the territory of the Complex for the purpose of ensuring visitor safety and protecting property.
8.2. By being on the territory of the Complex, the Visitor consents to video surveillance.
8.3. Professional photo and video shooting, as well as the use of unmanned aerial vehicles (drones), is permitted only with the prior written consent of the Administration.
9. ALCOHOL, DRUG, AND TOXIC INTOXICATION
9.1. Being on the territory of the Complex while under the influence of alcohol, drugs, or toxic substances is prohibited.
9.2. The Administration has the right to refuse entry or require persons under the influence of intoxicating substances to leave the territory of the Complex.
9.3. If necessary, the Administration has the right to call law enforcement officers.
10. ADMINISTRATION’S RIGHT TO REFUSE SERVICE
10.1. The Administration has the right to refuse to provide services or require a person to leave the territory of the Complex without a refund in the following cases:
• violation of this Offer;
• creating a threat to the life or health of other persons;
• damage to the Complex’s property;
• being under the influence of alcohol, drugs, or toxic substances;
• aggressive behavior;
• violation of public order;
• ignoring the lawful requirements of the Complex’s employees.
10.2. The Administration’s decision to remove a Visitor from the territory of the Complex is mandatory for compliance.
10.3. The Visitor shall immediately leave the territory of the Complex upon the Administration’s request. In case of refusal, the Administration has the right to contact law enforcement authorities.
11. VISITOR’S LIABILITY
11.1. The Visitor is responsible for compliance with the requirements of this Offer.
11.2. The Visitor independently assumes the risks associated with staying on the territory of the Complex.
11.3. The Visitor shall fully compensate for any damage caused to the Complex’s property or to third parties.
11.4. The Visitor undertakes to comply with safety requirements and refrain from actions that may cause harm to other persons.
11.5. In case of damage caused to the Complex or to third parties, the Visitor shall be liable in accordance with the legislation of the Republic of Kazakhstan.
12. ADMINISTRATION’S LIABILITY
12.1. The Administration takes reasonable and necessary measures to ensure visitor safety and maintain the Complex’s infrastructure facilities in proper condition.
12.2. The Administration shall not be liable for consequences resulting from the Visitor’s violation of this Offer, safety regulations, warning signs, fences, or lawful requirements of the Complex’s employees.
12.3. The Administration shall not be liable for injuries, accidents, deterioration of health, or other consequences resulting from:
• negligent actions of the Visitor;
• violation of safety rules by the Visitor;
• independent presence in hazardous areas;
• consumption of alcoholic beverages, narcotic or psychotropic substances;
• actions of third parties;
• force majeure circumstances.
12.4. The Administration shall not be liable for consequences caused by the natural features of the area, including but not limited to:
• strong winds;
• high or low air temperatures;
• precipitation;
• floods;
• mudflows;
• rockfalls;
• landslides;
• changes in elevation;
• wild animals, birds, insects, and reptiles.
12.5. The Administration shall not be liable for loss, theft, or damage to Visitors’ personal belongings.
12.6. The Administration shall not be liable for the actions of third parties, contractors, carriers, guides, tour guides, or other persons who are not employees of the Complex.
12.7. The Administration has the right to temporarily restrict access to individual facilities and areas of the territory for safety purposes or technical works.
12.8. The Administration does not guarantee the complete absence of risks associated with staying on the territory of a natural tourist complex.
12.9. The Administration shall not be liable for injuries, accidents, or other consequences arising from Visitors’ violation of the rules for using swings, observation decks, photo zones, stairs, bridges, sauna facilities, the “Aqtogay” restaurant, or other tourist infrastructure facilities of the Complex.
12.10. The Visitor confirms that they use swings, observation decks, photo zones, sauna facilities, and other tourist infrastructure facilities voluntarily, are aware of the possible risks, and undertake to comply with safety requirements.
12.11. The Administration shall not be liable for the actions of third parties providing individual services on the territory of the Complex, unless otherwise expressly provided by the legislation of the Republic of Kazakhstan.
13. SAFETY
13.1. The Visitor shall comply with safety requirements and exercise reasonable caution.
13.2. The Visitor confirms that they independently assess their health condition and physical capabilities before visiting the Complex.
13.3. The Visitor shall immediately notify the Complex’s employees of all emergency situations, safety threats, and accidents.
13.4. In the event of an emergency, the Visitor shall follow the instructions of the Complex’s employees, rescue services, and other authorized persons.
14. FORCE MAJEURE
14.1. The Parties shall be released from liability for failure to perform or improper performance of obligations if such failure is caused by force majeure circumstances.
14.2. Such circumstances include, but are not limited to:
• natural disasters;
• earthquakes;
• fires;
• floods;
• mudflows;
• landslides;
• epidemics;
• military actions;
• mass disturbances;
• decisions of state authorities;
• states of emergency;
• other circumstances beyond the reasonable control of the Parties.
15. CLAIMS PROCEDURE
15.1. All claims related to the provision of services shall be submitted to the Administration in writing.
15.2. The period for reviewing a claim is 15 (fifteen) business days from the date of its receipt.
15.3. Compliance with the pre-trial claims procedure is mandatory before applying to court.
15.4. If no agreement is reached, the dispute shall be considered in accordance with the legislation of the Republic of Kazakhstan at the location of “Qara Shatqal” LLP.
16. FINAL PROVISIONS
16.1. This Offer shall remain in force indefinitely from the moment of its publication.
16.2. The Administration has the right to unilaterally amend the terms of this Offer without prior notice to Visitors.
16.3. The new version of the Offer shall enter into force from the moment of its publication.
16.4. In all other matters not regulated by this Offer, the Parties shall be guided by the legislation of the Republic of Kazakhstan.
16.5. Acceptance of this Offer is carried out by paying for services, making a booking, or actually visiting the territory of the “Qara Shatqal” tourist complex.
Dear Guests!
We strive to create comfortable and safe conditions for your stay. Please treat the environment with care, follow the rules, and respect the rights of other visitors.
This Offer is published on the website: https://blackcanyon.kz/.
