Contract Offer

 

Contract offer

 

 

Rules for online booking and payment for air tickets of the Turkmenistan Airlines OJSC.

 

This Public Offer (hereinafter referred to as the "Agreement") is an official offer of Turkmenistan Airlines OJSC  (hereinafter referred to as "the Airlines") for the  services rendering  for online booking, issuing  and sale of air tickets for the Company's flights in the  Internet and the use of Internet-  Banking, acting in relation to any individual or legal entity that has a legal right to enter into this Agreement. 

The terms of the Agreement are offered without any changes in the definition of terms and the current Rules of the Airlines. 

 

1. Terms and definitions. 

1.1.  The Customer  is the  eligible natural person ( reached the age of 18) who placed an order for receiving the services of the Airlines specified on the website related to booking, ticketing and  purchase for individual use and not connected with entrepreneurial activities. 

1.2. Electronic Passenger Ticket (hereinafter referred to as Ticket) is a document certifying the Contract of carriage between the Airlines and the Customer/ Passenger in which the information on transportation of the Customer / passenger and baggage is presented in electronic or written form.

 

1.3.  A itinerary receipt is an electronic or written form of an air ticket containing information about transportation, full information about the passenger, the route, the form and details of payment for transportation, the number of the electronic passenger ticket, the booking ID, etc.  If necessary, it is sent electronically to the Customer as a confirmation of the fact of purchasing an electronic ticket, as well as for informing him. 

1.4. The booking system- is an automated booking system containing the information of the Airlines regarding the flight schedule, the availability of seats for flights, tariffs and rules for their application, as well as other conditions for the provision of services offered by the Airlines.  This information is posted on the Site exclusively in accordance with how it is represented in booking systems by the direct provider of these services.  The booking system is a dynamic system, the components of which can be changed or supplemented at any time without prior notice to the Customer.  As well , the Airlines does not guarantee the acceptability of the booking  system for use for a specific purpose, its constant readiness for operation, availability of the Airlines products, their uninterrupted, timely, secured, error-free operation, and the integrity, completeness and accuracy of the transmitted information, as well as connection to the Internet and  Data transmission via the Internet. 

1.5. An employee - is an employee of the Airline who directly participates in the passenger service and / or performs the necessary technological operations to process the Customer's order. 

1.6. The payment provider- is an outside organization that accepts payments for the benefit of the Airlines, which, at the time of payment, has an existing Agreement with the Airlines to accept such payments. 

1.7. Passenger / air passenger - is an individual who, having been guided by the terms of this Agreement, has the right to purchase an air ticket. 

1.8. Order - a request for services properly selected by the Customer  on the Site and related to the booking and purchase of the Ticket at a price and in accordance with the current rules of the Airlines. 

1.9. Rules - approved Rules, regulations and other regulatory documents of the Airlines.

 1.10. The site- is an Internet resource, the official website of the Airlines is www.turkmenistanairlines.tm, developed, including with the aim of facilitating

 

the process of Customer’s acquaintance  with the rules of the Airlines, as well as direct booking and issuing  of electronic tickets and purchase of related services provided by the Airline on-line. 

1.11 Check - the form of the electronic receipt containing the detailed information of the payment made for the Order.  It is sent to the Customer after payment of the Ticket to the specified e-mail address and / or using the included information service provided by the payment provider. 

1.12. Agents (agency) - are legal entities acting as an agent of the Airlines in accordance with the Contract. 

 

2. General provisions.

 2.1. The site is designed to search and receive the information on the chosen flight destination and only for flights by TURKMENISTAN Airlines OJSC.  The site operates in accordance with:

- Current legislation and normative acts of Turkmenistan.

 - Approved Rules, Instructions and other regulatory documents of the Airlines.

 2.2. In accordance with Art.  343 of the Civil Code of Turkmenistan, this "Agreement" is an official offer of TURKMENISTAN Airlines OJSC to conclude agreements on online booking and sale of tickets services via Internet on behalf of and the current tariffs of the Airlines as per terms and conditions specified in the Agreement. 

2.3. Full and unconditional acceptance of this public offer (i.e., a response to acceptance of an offer) is the fulfillment by the Customer actions to accept the conditions of the Agreement specified in the offer and published Rules expressing the intention to use the Airline's website for registration the services provided on the website www.turkmenistanairlines.tm.  The Customer’s order is considered as the acceptance. 

2.4. In case the conditions set forth below are accepted, the natural person making the acceptance of this offer agrees with all statements  of this offer and becomes the Customer  (acceptance of the offer is equivalent to concluding the Agreement on terms and conditions set forth in the offer).

2.5. The Agreement on services rendering, information on which is posted on the Airline's website, shall be concluded by the Customer directly with the Airlines and the Payment Provider in accordance with the legislation of Turkmenistan and the applicable regulatory and legal acts and rules of the Airlines.

 2.6. Making the acceptance of this public offer, the Customer guarantees that he is 18 years of age, and confirms his legal capacity

 

3. Use of the system

 3.1. Payment for the Ticket is made in the national currency of Turkmenistan - manats or in foreign currency in accordance with the current rules and conditions for the application of the Airline's tariffs. 

3.2. Payment for the Order is effected through electronic credit cards and other payment systems supported by the Airline's website.  At the same time, the responsibility for observing the payment terms of the issued Ticket and the currency used for payment is entirely and wholly assigned to the Customer. 

3.3 Reliability of the purchased air ticket, you can check on the Airline's website - www.turkmenistanairlines.tm

3.4. The Airline is not responsible for the accuracy and correctness of the information provided by the Customer. 

3.5. Making an order on the Airline's website in any case means conclusion  and signing the Agreement by the Customer  and imposes on him the obligations provided for under this  Agreement.

 

 4. Procedure for ordering, payment and registration of transportation. 

4.1. The Airline carries out the registration of the booked and paid transportation.  The cost of transportation (the cost of the air ticket) consists of the tariff / combination of tariffs and fees established by the Airline and published in an automated booking system. You can find it on the Airline's website.

4.2. Prior to the commencement of the booking, the Customer undertakes to familiarize  with the information posted on the Carrier's website in the "Read the Rules" section and includes general rules, this offer and other documents.  The documents posted on the website of the Carrier in the "Read the Rules" section are integral parts of this public offer.  Any registration of the order confirms the familiarization by the Customer of the terms of these Regulations, the Offer Contract, the Rules for the Application of Tariffs, the Rules for the International Air Carriage of Passengers, Baggage and Cargo, the Rules for the Transport of Passengers, Baggage and Cargo on Local Airlines of Turkmenistan, Confidentiality  Policy, Instructions for Changing Tickets and  Cancellation of an order and return of air tickets. 

4.3. Having acquainted with the Rules, the text of this public offer, the cost of transportation and the terms of application of the tariff, the Customer independently forms the Order.  With all the terms of the Order, the Customer gets acquainted in the process of booking. 

4.4. The Order should be paid for by the Customer during the time specified after the Order is issued (time limit). 

4.5. The customer makes a payment independently and in accordance with the terms of the Agreement and the instructions published on the site of the payment provider.  Payment of the Order is made by redirecting to the protected page of the payment provider. 

4.6. The booking procedure consists of four stages. 

- The first stage is to select the optimal flight option for the Customer, familiarize himself with the terms of this Agreement, transportation rules and tariff conditions. 

- The second stage is the preliminary booking seats / tickets for the chosen flight   by the Customer .  When placing an order, the Customer is obliged to fill in all the fields indicated on the site as required. 

- In the third stage, the Customer confirms the form of payment and deposits the funds in the amount indicated in the Order.

 - In the fourth stage, in the case of confirmation of payment  of air transportation specified in the Order, the Ticket is issued. 

4.7. In case of errors and inaccuracies in the process of ticket reservation, the Airline strongly recommends that the Customer, upon receiving an e-mail with details of the Order should contact with Airline’s staff by the phones indicated on the website or by e-mail for checking and clarifying the Customer’s information.  The Airline cannot provide the enough information about the flight in electronic form.  In case   the Customer has not contacted the Airline’s staff, no claims from the Customer about errors in the booking, Customer's losses, travel disruptions, etc. are  not accepted.

4.8.  The orders executed by the Customer are final.  After order payment, the Customer should ensure that the itinerary receipt has been  received within 24 hours.  The itinerary receipt confirms the fact of issuing a ticket for the Customer  under the paid order.  The itinerary  receipt is sent to the e-mail address specified in the ticket order.  In case the Customer does not receive the itinerary receipt, it is necessary to contact the Airline to confirm the fact of ticket registration.  Confirmation of the ticket purchase and  seats is a itinerary  Receipt for each passenger, containing complete information about the air carriage paid by the Customer, which was delivered to the e-mail address specified by the Customer when placing the order. 

4.9.  Change of the personal data of the Customer and / or any of the passengers, such as last name, date of birth, in the issued order is subject to  the cancellation of the order / loss of the tariffs agreed in the order, since to change this data the  in the order it is required  to cancel it and issue a new one.  In case the order was paid for and tickets were issued, the refunds are made in accordance with the rules of the Airline and with the deduction of all fines determined by the Airline.  Thus, the Customer assumes all possible commercial risks (registration of a new order, change of tariff, refund / non-refund of money, etc.) related to his actions to make mistakes, inaccuracies in the provision of personal data. 

4.10. If the Customer makes mistakes in the choice of flights and / or dates of transportation, the refund and reissue of the ticket is carried out in accordance with the rules of the Airline with the deduction of all fines determined by the Airline. 

4.11. Once the reservation has been paid, the Customer agrees to all conditions, duties and restrictions connected with air transportation. 

4.12.  If the Customer wishes to change or cancel an order while the tickets have not been issued, he must immediately contact the Airline for making these changes.  If under the order the tickets were issued, Customer should  perform the return procedure as follows  in the section "Refund".

4.13. A Customer, booking a several tickets or tickets for third-party persons / passengers is obliged to convey all conditions of transportation and other necessary information to all passengers participating in this flight.  Claims  of passengers and the Customer to the Carrier concerning not  informing them of the conditions of carriage and not receiving any other necessary information are not accepted. 

4.14.  For one Customer / passenger, several bookings (orders) with crossed flight   dates with the same sections of the flight should not be created.  The simultaneous existence of several orders with crossed dates of identical sections of the flight is called "double booking".  In case of double booking, the airline has the right to cancel all recurring orders without prior notice, including the orders for which tickets have already been issued.  In this case, the refund of money is carried out in accordance with the rules of the Airline and deduction  of all fines determined by the Airline.  Thus, the Customer assumes all possible commercial risks (registration of a new order, change of tariff, refund / non-refund of money, etc.) related to its actions creating a "double booking" for any of the passengers.

 4.15.  When creating an order by the Customer, he must take into account that all flights must be performed strictly in the order in which they are indicated in the booking.  Non-appearance of the Customer / passengers on any of the flights entails the cancellation of all subsequent flights (flight segments).  Return is carried out according to the conditions of application of tariffs. 

4.16. In the process of selecting the flight it is necessary to remember that all the visa formalities and requirements for crossing the borders of the countries that are included in the Air Carriage are cleared by the Customer / passenger independently.  As well as in case the Customer / passenger flies with luggage, he finds out the rules of baggage transshipment at the transit point by his own. 

4.17. Not all tariffs provide full refund and reissue of the purchased ticket.  In case   the Customer is interested in the rules for refunding and reissuing the ticket for the chosen flight option, it is necessary to clarify the information with the Airline before payment.

 4.18. Responsibility for the correctness of the information and personal data entered is taken by the Customer.  Surnames and names of the Customer / passengers should be  entered by the Customer in the order form exactly in accordance with the spelling in the passport, if this document is presented for registration.  It is technically impossible to make changes to the writing of names or surnames in an already existing order and entails the return of the ticket / termination of the contract of carriage and the need for the Customer to issue a new order.  Return of the ticket is carried out in accordance with the rules of the Airline with withholding of all fines determined by the Airline. The Carrier is not liable in case   of incorrect information and personal data which is the base  to the removal of the Airline or authorized government departments and services from the flight.

  4.19.  In case the  Customer / passenger plans to carry with him special baggage (for example: animals, sports equipment, oversized cargo, etc.), the request for the authorization of the transportation of such baggage should be  sent by the Customer prior to payment of the Ticket.  Confirmation of the possibility of carrying such baggage should be received from the carrier before the transport documents are issued, in other case  the carriage  can be denied. 

4.20.  In case  the Customer and / or the passenger are persons in a special condition or special transport conditions (pregnant women, passengers with reduced mobility or requiring special medical attention, etc.) should be applied to them, in such cases, it is necessary to coordinate the transportation with the Airline by sending a request through the booking system. 

4.21.  In the cases specified in cl. 4.19, clause 4.20, the Customer is obliged to inform the Airline about the peculiarities of the Customer / passenger status or special requirements for the transportation of the Customer / passenger beforehand, and also about the availability of special baggage before the ticket reservation is made on the Airline's website.  Renewal of the ticket reservation and payment of its cost can be made only after the Airline receives confirmation of the possibility of such transportation, in other case the request can be rejected by the Airline.  4.22. The Customer is obliged to make contacts to the Order in case of emergency, to be contacted with him or by passengers during the whole trip.

 4.23. The Customer can confirm the validity of the air ticket, each flight in the paid order on the Airline's website in the section "Booking manage".  Before departure, we recommend to specify the time of departure and arrival, flight number, departure and arrival terminals  to the case of it can be  changed by the Airline without warning. 

 

5. Order payment.

5.1.  The cost of the Order is indicated on the website and in the e-mail sent to the Customer jointly with the order details.  The cost of the Order is not final and is not guaranteed until the Airline, after confirming the availability of the offer specified in the Order, will issue a Ticket (itinerary receipt). 

5.2. The customer pays the cost of the Order with a credit card or through payment systems indicated on the site. 

 

5.3. Payment of the Order with the help of bank cards:

5.3.1. The carrier accepts bank cards for payment through the electronic payment system of the Payment Partner.  The Customer is recommended to enter the plastic card data, initiate its authorization.  The SMS notification system notifies the Customer of the results of authorization by sending an SMS message indicating the identification code.  The money from the card will be withdrawn only for the ticket.  The Carrier is not liable for the actions / inactivity of the Payment Partner, as well as for any losses and risks of the Customer related to payment through the electronic payment system and the Internet. 

5.3.2. Payment for the order value by credit card should be made directly by the Cardholder.  In case the Customer intentionally or unintentionally gives  a bank card to make payment to another person, the Customer assumes all the risks associated with this, and agrees that payment of the order in this case is considered to be carried out by the Customer. 

5.3.3.  The order of payment with the help of bank cards is listed on the website in the section "Form of payment". 

5.3.4. The transfer of information to the electronic payment system is carried out in compliance with all necessary security measures.  The Airline redirects the Customer to an authorized server via a secure channel.  The information is transmitted in an encrypted form and is stored only on the specialized payment server of the Payment Provider.

 5.3.5. Authorization of transactions on bank cards is carried out on the site of the payment system of the Payment Partner.  If the Paying Partner has reason to believe that the operation is fraudulent, then he has the right to refuse to carry out this operation.  The carrier is not responsible for the actions of the Payment Partner.

5.3.6.  In order to avoid cases of various kinds of misuse of bank cards when paying, all orders placed on the site and payable or already paid by a bank card can be checked.  In order to verify the identity of the holder of the bank card and its eligibility for using the card, the Customer who has issued such an order must provide a copy of the corresponding page of the passport of the owner of the bank card, upon request from the Payment Partner staff or from the Airline staff, as well as a copy of the bank card by fax, or by e-mail in the form of scanned copies.  In case the Customer does not provide the requested documents or if there are doubts about their authenticity, the Carrier reserves the right to cancel the order without explanation.  The cost of the order in this case, if payment has already been made, is returned to the Customer's card.  If necessary, the Airline can deduct the additional fee for the execution of an order, its cancellation, correspondence with the Customer and a refund of money. 

5.3.7.  In case the Customer arranges the booking of tickets for himself and / or third parties (passengers) and makes payment of an order from his credit card for himself and / or passengers, the Customer is notified and agrees with the below in this clause and is obliged to inform the passengers of  the following:

- in case of return / renewal of a ticket issued for a particular passenger, the Carrier, in accordance with the current legislation, may not refuse the passenger in the demand for a refund / reissue of the ticket. 

- money in this case can not be returned to the passenger, since he is not the person who made the payment, and in the relevant part (the cost of the passenger ticket minus all necessary penalties and fees) will be returned to the customer's credit  card as the person who paid the cost of the order  ; 

- The Customer in this case does not receive additional notice to the Airline about the reasons for the return of the part of payment for the order;

 - The Customer independently solves with the passengers the issues of mutual settlements, as well as issues arising in connection with this situation and is fully responsible for using the bank card to pay for the Ticket price for third parties.

 5.3.8.  In case t the Customer declares the desire to return / re-issue the air tickets of third parties and the Airline has doubts about the authenticity of the applications, the Airline has the right to request passengers about their intentions regarding the order, and before receiving a response, do not take any action until the evidence is obtained of the true will of the passengers. 

5.3.9.  In case of payment by a credit card, the funds in all cases are returned to the Customer exclusively on his credit card in accordance with the terms of this Agreement.

 

 6. Return and reissuing of tickets

6.1. The Customer has the right to refuse the order at any of its stages, and the Customer is notified and agrees that the withdrawal of the order entails the application of the liability established by the Agreement. 

6.2.  In case the Customer has decided to cancel the order under which  tickets are issued, he starts to process the cancellation of an order on the Carrier's website in the corresponding section by clicking the "Return ticket" button. 

6.3. Cancellation of the order for which tickets are issued is made by the Customer through a stage-by-stage execution of the refusal procedure in accordance with instructions posted on the Airline's website in the section "Return of the air ticket".  The  cancellation procedure also includes the processing of the Customer's application electronically on the site or  by fax or e-mail in a scanned form.  The customer is warned and accepts the condition that all applications are processed by the Carrier in the order of turn, during working hours, by the return and re-registration department - on weekdays from 09.00 to 18.00.  The Customer must take these conditions into account when sending applications. 

6.4. Execution by the Customer of all stages of the refusal procedure means the termination of this Agreement by its parties. 

6.5.  The refund of monetary funds reimbursed to the Customer (if such a refund can be made) is effected after the termination of the contract of air carriage, in the order indicated on the website, in the amount calculated by the Airline, taking into account the time of the return, the fines of the carrier, the collection of relevant charges.

 6.6. Refund of money to the Customer shall be affected in a non-cash order, on his credit card or bank account specified in the application for withdrawal from the Order.

6.7. The application for the refusal of the contract of carriage (return of the ticket) can be accepted only from the Customer - the holder of the credit card.  Return of funds to the passenger in case of refusal of the contract of carriage (refund of the ticket) is not made.  The funds are returned to the Customer  as the person who paid the order and who  is the holder of the credit card.  Financial settlements between the Customer  and the passenger are not related to the Airline, claims from the passenger to the Airline about the non-payment  are not accepted.  The Customer - the holder of the credit  card is obliged to warn the passenger about this condition of the Agreement. 

6.8.  With the terms of the Order and the rules of the Airline, the Customer acquaints himself in the process of booking.  If the Customer does not understand any conditions of the order, including the conditions for refusal, return, making any changes to the executed order, the Customer is obliged to specify the information he needs from the Airline.  The Customer's claims related to the fact that they did not understand any terms of the order are not accepted.

 6.9. In the case of a refund of a paid ticket by the Customer / passenger, the value to be returned is transferred to the Customer on the account / bank card indicated by him, minus the amounts of the relevant fees and subject to the rules established by the Airline. 

6.10. When returning / reissuing the tickets paid by the Customer / passenger in the manner specified in this clause, the refund of funds is possible only by bank transfer at the bank details specified by the Customer. 

6.11. When returning / reissuing tickets purchased by the Customer / Passenger paid for in the manner specified in this clause, the rules and restrictions set forth in Clause 5.3 of this Agreement shall apply. 

 

7. Responsibility of the parties.  

7.1.  The Parties shall be liable for non-fulfillment and / or improper performance of their obligations under this public offer in the manner and under conditions specified by this public offer and the current legislation of Turkmenistan. 

7.2. All information regarding the timetable, availability of seats for flights, tariffs and conditions for their application, as well as other conditions for the provision of the services offered, is posted on the Airline's website in full correspondence with the information represented in booking systems or their authorized representatives.

The carrier does not have the ability to independently verify the information provided by service providers and can not guarantee that there are no inaccuracies in it, and therefore is not liable to the Customer for any erroneous data about the services, nor for the damage or loss caused to the user due to the presence  Errors in information. 

7.3.  The Airline is not liable for negative consequences and losses incurred as a result of events and circumstances beyond its competence, as well as for actions (inaction) of third parties, namely:

- in case of impossibility to fulfill the obligations assumed, due to unreliability, insufficiency  and the untimeliness of the information and documents provided by the Customer, or violation by the Customer of the terms of this Agreement or the requirements for documents;

 - for the actions of the Airline (change, cancellation, transfer, delay in the flight), for the safety, loss or damage to the luggage, cargo, valuables and documents of the Customer and / or passengers during the whole period of their trip.  In these cases, the Airline is liable to the Customer and / or passengers in accordance with the established rules and the current legislation of Turkmenistan. 

- due to restriction of the right of the Customer and / or the passenger to enter / exit to / from Turkmenistan by the competent authorities of Turkmenistan; 

- for the consequences of the violation by the Customer and / or the passenger of customs and border formalities, travel and baggage regulations, and violations of the rules of conduct in the country of destination and / or destination; 

- for the absence from the Customer and / or the passenger of travel documents issued to him by the Carrier; 

- for the non-appearance or late arrival of the Customer and / or passengers for the flight registration, to the place of departure of the aircraft; 

- for non-compliance by the Customer and / or passengers with the rules of conduct established by the Airline on board aircraft;

 - for the absence from the Customer and / or passengers of issued passports at the time of the commencement of the trip, the relevant documents regulating the issues of the registration for the flight;

 - for the authenticity and correctness of the documents (reliability and completeness of the information contained therein). 

- for the impossibility of execution by the Customer of the Order for reasons of disruption of communication lines, malfunction of the Customer's equipment, etc.

7.4.  The Customer / passenger confirms and guarantees that he is acquainted and agrees:

- with the transportation rules and the conditions for the application of the Airline's tariffs, including the conditions for the return and reissue of tickets; 

- with the requirements for passports and other formal documents, including the validity of the passport and its validity period; 

- with duties to observe customs and boundary rules;

 - with the fact that the Customer / passenger independently bears full responsibility for the validity of passports necessary for crossing the border, for the reliability of the information contained in these documents;

 - with the fact that the Customer / passenger independently acquainted with the requirements for registration and availability of necessary visas to the countries of the airports of destination specified in the transportation documents; 

- with the fact that the deportation of a passenger with invalid entry or exit documents is carried out exclusively at the expense of the Customer / passenger.  The Customer / passenger is required to independently obtain the necessary information in the consulate of the respective country. 

- and assumes all responsibility for the preparation of all necessary documents for the trip.  The Customer / passenger should read and comply with all requirements of the country of his trip, including requirements for the processing of documents required when leaving, issuing visas, or other documents for the departure of children, the export of animals, the need for issuing permits for the export of weapons, art values  and other permits and approvals.  The Airline is not responsible for the ignorance or non-compliance of the passenger with these requirements. 

7.4. The parties are exempt from liability for improper performance or failure to perform obligations under this Agreement in case  of force majeure circumstances.

7.5.  The Party for which the impossibility of performance of obligations under this Agreement has arisen is obliged to immediately notify the other Party  about  the occurrence (and termination) of circumstances specified in this Agreement.  In case of non- notification or untimely notification of these circumstances the Party has no right to refer  to these circumstances and does not exempt from liability under this Agreement.  The term of performance of obligations under this Agreement shall be extended by the Parties in proportion to the time during which such circumstances will operate. 

7.6.  In case  of the above circumstances, the Parties are entitled to demand the termination of the Agreement in court.

 

 8. Confidentiality. 

8.1.  Provision of information by the Customer:

When booking on the site, the Customer provides the following information:

- Personal data;

 - Contact phone number; 

- E-mail address; 

8.2. By submitting your personal data on the site at the time of booking, the Customer agrees to their processing by the Airline. 

8.3. The Airline uses the information:

- To fulfill its obligations before the Customer;

 - To evaluate and analyze the work of the site. 

8.4. Disclosure of information received by the Airline:

8.4.1. Disclosure of information in accordance with the current legislation of Turkmenistan is not considered a violation of obligations.

 8.4.2. The Airline is not responsible for the information provided by the Customer on the site in a public form.

 

9. Force majeure.

 9.1.  The Parties are exempted from liability for partial or complete non-fulfillment of obligations under this Agreement if this failure was a result of force majeure circumstances that arose after the conclusion of the Agreement as a result of circumstances of an emergency nature that the Parties could not foresee or prevent. Force majeure is understood as: flood, fire, earthquake, acts or omissions of state bodies (including, in particular, restrictions on currency transactions), epidemic and other phenomena of nature, war or military actions, etc. 

9.2. In the event of the circumstances specified in clause

9.1. Agreements, each Party must within five (5) calendar days notify the other Party in writing about them.  The Party invoking the force majeure circumstances must immediately provide the other Party with official documents issued by the competent state authorities certifying the existence of these circumstances and, if possible, assessing their impact on the possibility of the Party fulfilling its obligations under the Agreement. 

9.3. Not notification or untimely notification (according to clause 9.2) on the circumstances of force majeure deprives the relevant Party of the right to refer to them in support of non-performance or improper performance of obligations. 

9.4. If the circumstances listed in paragraph 9.1.  of Agreement and their consequences continue to be in effect for more than 2 (Two) consecutive months, the Parties conduct additional negotiations to identify acceptable alternative ways of implementing the Agreement. 

9.5.  In case the force majeure circumstances last more than 6 (six) consecutive months, each of the Parties has the right to terminate this Agreement with respect to the unfulfilled part of the Agreement.  At the same time, neither Party shall be liable to the other Party as a result of termination in accordance with this paragraph.

 

10. Regulatory law and dispute settlement. 

10.1. All disputes and disagreements that may arise from this Agreement must be resolved in accordance with the current legislation of Turkmenistan. 

10.2. All disputes arising between the Parties in connection with the execution, modification or termination of this Agreement shall be settled through negotiations.  If the settlement of the dispute by negotiation has not taken place, then the dispute is subject to settlement in the Arbitration Court of Turkmenistan, in accordance with the requirements of the current legislation of Turkmenistan. 

10.3. The decision of the court is final and binding on both parties. 

10.4. Recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions. 

 

11. Other conditions.

 11.1. The Customer accepting the public offer of the Airline unconditionally agrees to its terms and guarantees the payment of the Order in full, including all taxes and fees. 

11.2. The Parties shall be liable for non-fulfillment and / or improper performance of their obligations under this public offer in the manner and under conditions specified by this public offer and the current legislation of Turkmenistan. 

11.3. The Airline shall not be liable for the impossibility of the Order execution by the Customer  for reasons of disruption of the operation of communication lines, malfunction of the Customer's equipment, etc.

11.4. The carrier is not liable for possible violations and actions that are not within his competence, namely for violations and actions of third parties. 

11.5. The Customer assumes full responsibility for the validity of all necessary documents for the use of the service and transportation.  The Customer should read and comply with all the requirements of the country visited regarding the registration of documents required for departure and arrival, as well as for transit transportation for the whole route, the requirements  and conditions for issuing visas, valid passports, powers of attorney or other documents.  The Airline is not responsible for ignorance or non-compliance of the Customer with these requirements.