Agreement for the Provision of Services

Agreement for the Provision of Services

1. In accordance with this Agreement for the Provision of Services (hereinafter referred to as the “Agreement”), the Republican State Enterprise under the right of business authority, “Institute of Botany and Phytointroduction” of the Committee for Forestry and Wildlife of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter referred to as the “Institute”), which is responsible for the Main Botanical Garden of Almaty (the “Garden"), shall provide to individual visitors (hereinafter “Visitor”, “Visitors”) services for providing access and visiting the territory of the Garden, as well as other additional and associated services at the discretion of Visitors (hereinafter “ the Services”). The Institute and the Visitor in this Agreement shall be separately referred to as the "Party", and  jointly- the "Parties".

2. The Agreement shall be made by the Visitor’s accession to the provisions of the Agreement in accordance with the Civil Code of the Republic of Kazakhstan.  In doing so, such an accession is considered to have been effected automatically when the Visitor purchases an entrance ticket to the Garden. By acceding to the Agreement by purchasing an entrance ticket to the Garden, the Visitor shall express his agreement with the terms of the Agreement and such accession shall mean the complete and irrevocable acceptance by the Visitor of the terms of the Agreement in full, without restrictions and is equivalent to the conclusion of a bilateral written agreement.

3. The rules for visiting the territory of the Main Botanical Garden of Almaty (hereinafter referred to as the "Rules of Visiting"), approved by the Institute in the established procedure, shall be  an integral part of this Agreement. Visiting rules shall be regarded as having been accepted by the Visitor and they shall be binding upon the Visitor from the moment of his accession to the Agreement.

4. This wording of the Agreement and their subsequent wording originals shall be subject to publication on the Garden website (at http://botsad.kz). The terms of the Agreement can also be placed on information boards, located in the Garden. In case of conflict between the text of the Agreement posted on the Garden’s website on the Internet and  the text of the Agreement posted on information boards in the Garden, the text of the Agreement posted on the Garden’s website on the Internet shall prevail. The Institute shall be entitled to unilaterally supplement and amend the text of the Agreement.

5. The Services under this Agreement shall be carried out by selling an admission ticket, as well as other actions (including the granting of permits and approvals), based on which the Visitor is granted access to the Garden (as well as other additional and associated services, chosen by the Visitor) to satisfy cultural and educational, scientific and other needs, as well as for such purposes.

6. The entering into the Garden territory pursuant to the admission ticket shall be regarded as the beginning of the provision of services, exiting the Garden territory shall be the end of the provision of Services. In doing so the unfulfilled obligations, including the reimbursement of harm, inflicted by the Visitor shall effective until the moment of their full fulfillment.

7. The admission ticket shall the provide the right to a one-time entrance to the Garden. Unless otherwise expressly provided for, an unused ticket (i.e., one not validated at the entrance) can be used at any time when the Garden operates and receives visitors.

8. The admission ticket purchased shall not be subject to return.

9. The tariffs for all types of Services, including various permanent or seasonal / temporary benefits, shall be established by the Institute independently in compliance with the requirements established by the legislation of the Republic of Kazakhstan and by this Agreement, and they shall be posted on the Garden website, as well as on information boards located in the Garden territory.

10. Additional and associated services, the list and conditions (tariffs, etc.) of which shall be  determined by the Institute, and they shall  also be posted on the Garden website, as well as on information boards, located in the Garden.

11. By acceding to this Agreement The Visitor shall 

1) accept the obligation to fulfil and to observe the terms of the Agreement, including the Rules of Visit and he shall:

2) undertake to reimburse the damage caused to the Garden in full in accordance with the established procedure in accordance with Appendix No. 2 to the Agreement, as well as applicable legislation;

3) understand and agree that for violation of the provisions of the Rules of the visit may be brought to account in accordance with the current legislation of the Republic of Kazakhstan;

4) gives to the Institute consent to the collection and processing of its personal data to the extent necessary and sufficient for the fulfilment by the Institute of its obligations under this Agreement;

5) Shall have the right to receive the Services in full in accordance with the terms of the Agreement and the Rules of visiting, as well as other rights provided for by applicable law.

12. The Garden  shall:

1)  provide to the Visitor the Services in accordance with the Agreement and the Rules of Visits and shall2) independently determine and place on the Garden website and information stands the text of the Agreement and their subsequent versions, as well as information on tariffs and conditions for the provision of Services;

3) shall  not be liable for harm to life, health and property (including loss) by the Visitor caused by himself or by third parties as a result of violation of the Agreement and the Rules of visiting and / or provisions of applicable law, non-compliance with safety measures, rules of holding at sports, children's and other playgrounds and structures in the Garden, safety regulations and other careless, imprudent actions or actions through the fault of the Visitor, or third parties

4) shall have the right to deny the Visitor a visit the Garden, as well as to remove the Visitor from the territory of the Garden in case of violation of the Rules of visiting, public order, creating a  threat to the life, health and / or property of other Visitors, property of the Garden, as well as if the Visitor is in a state of alcohol or narcotic intoxication and / or commission by him other illegal actions;

5) have  the right to restrict the visit to the Garden as a whole or its individual territories, as well as to close the Garden for  visits under various circumstances related to technical malfunctions, construction work, prescriptive acts of regulatory bodies, various audit, preventive, sanitary and other works and activities not allowing visitors to be in the Garden;

6)  have the right to demand compensation for damage caused to the Garden in full in accordance with the established procedure, as well as applicable law;

7)   have the right to call, inform and transmit to law enforcement agencies the fact and all the necessary information related to the violation of the Rules of visit, the provisions of the applicable law (violation of public order, rules of stays in specially protected natural territories, etc.) for the application of penalties.

13. For non-fulfilment or improper fulfilment of obligations under this Agreement, the Parties shall be liable in accordance with the Agreement and applicable law.

14. The Parties shall be  exempt from liability for non-fulfillment in full or in part ofl obligations, if it was a consequence of force majeure circumstances, outside the control of the Parties.

15. This Agreement shall be governed by the laws of the Republic of Kazakhstan (applicable law). In all other respects, which are not provided for by this Agreement and the Rules of Visit, the Parties shall be guided by the provisions of the applicable law.

16. All disputes and differences under this Agreement shall be  subject settled through negotiations. If an agreement is not reached, they shall be settled in accordance with applicable law.

17. This Agreement shall enter into force upon the accession of the Visitor to this Agreement and it shall be valid until its termination on the grounds stipulated by this Agreement and applicable law.

Details of the Institute:

The Republican State Enterprise on the right of business authority

 "Institute of Botany and Phytointroduction"

of the Committee on Forestry and Wildlife

of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan

Address: Republic of Kazakhstan, Almaty, st. Timiryazev 36 / D

 tel: +7 / 727 / 394-80-40

Email: botanyphyto@mail.ru

BIN 040740001644

IIC (settlement account) KZ56722S000001387292

BIC CASPKZKA Kbe 16 KASPI BANK JSC

General Director - G.T. Sitpaeva 

Attachment No. 1

RULES FOR VISITING THE TERRITORY OF THE MAIN BOTANICAL GARDEN OF THE CITY OF ALMATY

1.    BASIC PROVISIONS

1.1.    1.1. These rules for visiting the territory of the Main Botanical Garden of Almaty (hereinafter referred to as the "Rules" and "Garden" respectively)  shall establish the basis of the relations of RSE on the RBA “the Institute of Botany and Phytointroduction” of the CFАW of the Ministry of Ecology, Geology and Natural Resources (hereinafter referred to as the "Garden Management" or "Institute") and of visitors to the Garden (hereinafter “Visitors”, “Visitor”).

1.2.    The Rules shall be mandatory for all Visitors. In the event of violation of the Rules, the Garden Management shall have the right to deny to the Visitor admittance to the Garden and  the provision of services.

1.3. The visitors shall be obliged to familiarize himself with the Rules prior to visiting the Garden. The visitor's entry into the Garden shall mean his consent to the Rules, his full understanding of  them and the  acceptance by him in full, and it shall entail the obligation of the Visitor to comply with them.
1.4. The rules are designed for the purposes of creating comfortable conditions for visitors, taking into account the requirements for ensuring security in public places
1.5. The garden shall have  the right to unilaterally supplement and amend the Rules. The present wording of the Rules and their subsequent wording shall enter into force from the date of their approval by the General Director of the RSE on the RBA  “Institute of Botany and Phytointroduction”  of RK  CF and their  publication on the Garden website at http://botsad.kz. The Rules may also be posted on information boards located in the Garden. In the event of the conflict between the text of the rules posted on the Garden’s website on the Internet and of the text of the rules posted on information boards in the Garden, the rules posted on the Garden’s website on the Internet shall prevail.

1.6. Working days: Daily. Opening hours: from 9.00 to 21.00 hours, in doing so admission into the territortory shall only be allowed until 8 pm.
Pursuant to the resolution of the Garden Management or of  other authorized agencies, the Garden's work schedule may be amended . In addition, the Garden Management shall have the right to restrict visits to the Garden as a whole or to its specific territories, as well as to close the Garden for visits under various circumstances related to technical failure, construction work, due to orders of regulatory bodies, the performance of various audit,  preventive, sanitary and of other works and due to other activities  that prevent the presence of visitors in the Garden.
1.7.  Pursuant to these Rules the Garden Management shall inform Visitors of the possible risks associated with visiting it. The visitors make their own decisions about visiting the Garden and they must act responsibly to protect their life and health, ensure the safety of property, as well as the safety of life, health and property of third parties.

1.8. The garden Management shall  not be responsible for harm to the life, health and property of the Visitor caused by himself or by third parties as a result of a violation of these Rules and / or of the requirements of the current legislation, non-compliance with safety measures,  with the rules of conduct in sports, children’s playgrounds  and other playgrounds and facilities in the Garden ,  with safety rules and in the event of other careless, imprudent or guilty actions of the Visitor or third parties.

1.9. The garden Management shall not be responsible for the lost property of Visitors.
1.10. In the event of damage to the life, health and / or property of the Visitors as a result of actions (omissions) of third parties, third person, having inflicted the respective harm shall be liable in the procedure, established by the law.
1.11. In relation to individual parts (sites) of the Garden, the Garden Management may approve special rules of conduct. In the event of a conflict between these rules and the rules of conduct in individual parts (sites) of the Garden, the latter shall take precedence.

2. RULES FOR PRESENCE OF VISITORS IN THE GARDEN
2.1. The Garden Visitors shall observe the legislation of the Republic of Kazakhstan, including  the legislation on specially protected natural areas, public order and generally accepted norms of behaviour, as well as these Rules, behave with respect towards other Visitors and garden employees, and keep the Garden clean, and he shall refrain from the performance of actions, posing a threat to the safety, life, health and property of other Garden Visitors.
2.2. The Visitors shall be obliged to preserve the structures, buildings, equipment, natural and landscape facilities, green spaces, small architectural facilities and other property of the Garden, and not to perform actions that could cause damage to the property of the Garden. The Visitors shall be liable for damage to and (or) destruction of the property of the Garden in the established procedure, including in accordance with the law. In the event of damage to and (or) destruction of the property of the Garden, the Visitor shall be obliged to reimburse the damage in full in the established procedure, including in the procedure established by the current legislation of the Republic of Kazakhstan.

2.3. Video surveillance shall be installed and operated in the territory of the Garden. By purchasing an admission ticket, shall agree that any recording of him made within the framework of applying general security measures may be used for general security purposes (including in the form of evidence during legal proceedings) and may be transferred to the police and to other authorized agencies for use in the course of procedural and other actions in accordance with the requirements of the legislation of the Republic of Kazakhstan.

2.4. The Management of the Garden has the right to deny the Visitor entry to the Garden, as well as remove the Visitor from the territory of the Garden in the event of violation by him of these Rules, of disruption of public order, creating the threat to the life, health and / or property of other Visitors, the property of the Garden, as well as in the event the Visitor is in state of alcoholic or of narcotic intoxication and / or of committing by him of other illegal actions.

2.5. The visitors to the Garden shall carefully monitor their personal belongings and they shall not leave them unattended.  The Garden shall not be liable for the lost or unattended property of Visitors.
2.6. The parents, guardians, guardians and accompanying persons shall have an obligation to monitor minor children and persons accompanied, to control their movements, the observance by them of generally accepted norms of behaviour in public places, and not to leave children unattended, including in areas intended for children.

2.7. The Garden shall be designated for pedestrian walks. In doing so, there shallbe allowed the use of children’s prams and of special wheelchairs for persons with limited mobility. Only the movement by children under 12 with the use of special objects, intended for children and set in motion by the use of mechanical force: skates and roller blades, bicycles. In doing so leaving bicycles, skates and rollerblades on lawns shall be prohibited.
2.8. Traveling around the Garden on all types of scooters, bicycles, rollers and etc. with the exception of those specified in paragraph 2.7, shall be  prohibited.

The use of transportation means with an electrical engine (electromobiles, electrical skates, electrical mopeds, electrical scooters, hyroscooters and others shall also be prohibited except those that are used by staff of the Garden or by people with limited physical mobility.

Entrance to the Garden with all these means of transportation is prohibited with no exclusions for disassembled or switched off means.
2.9. When operating permitted vehicles, it is recommended to use protective equipment (helmets, elbow pieces, etc.). The Garden is not responsible for the harm caused to the health of Visitors as a result of the use of any sports equipment and vehicles.

3. THE VISITORS SHALL BE PROHIBITED FROM THE FOLLOWING:

3.1. Enter the Garden territory and move on any types of motor vehicles and motor vehicles (with the exception of cases specified in Section 4 of the Rules), as well as use the sound signals of vehicles, except for special signals.

3.2. Enter the territory of office buildings (structures), premises, platforms and other facilities in the Garden that are closed to Visitors, as well as the territory that is temporarily or permanently fenced off from Visitors' access (including in connection with the repair or restoration work), and  the territory that is equally indicated by prohibition signs or plaques.

3.3. To smoke tobacco and any other smoking products in the Garden, as well as to be in a state of alcohol or narcotic intoxication in the Garden.

3.4. Walking animals (dogs, cats, etc.) in the garden, as well as entering the garden with birds, except for  guide dogs with prior coordination with the Garden Management (in doing so the responsibility for the actions of such guide dogs shall rest with their owners /persons using them)
3.5. Tearing, trampling, breaking, cutting down, seizing green plants, harming and (or) damaging trees, shrubs, perennial and annual plants, grass cover (lawn), small architectural facilities and other property of the Garden by any methods.

3.6. Collect any species of mushroom, fruit, plant seed. 
3.7. Eat any parts of plants growing in the Garden. 
3.8. Feed swans, ducks and fish, as well as other birds and animals in water reservoirs and in the territory of the Garden as a whole.

3.9. Swim in ponds, fountains and other water reservoirs in the Garden, catch fish, feed fish, throw foreign objects into fountains, ponds and other water reservoirs.
3.10. Bring weapons, flammable, flammable, explosive, poisonous and radioactive substances, as well as piercing, cutting and bulky items into the Garden.
3.11. Bring and / or consume in the Garden any alcoholic beverages (including low alcohol beverages), including during rituals and solemn ceremonies.
3.12. Use the pyrotechnic means and fireworks in the garden territory  as well as to make fires in the garden 
3.13. To set up tourist tents, tents, tables, barbecue facilities and other non-stationary facilities in  the territory of the Garden.
3.14. Independently organize / conduct / provide in the Garden: - trade, service, photographic, rental, leisure and entertainment and other services to the population; 
- to provide entertainment, sports, game related and other promotions; 
- putting up on buildings, structures, pavilions, poles, trees of announcements and other advertising and information materials; 
- Unauthorized performances of artistic teams and of performers.
3.15. Staying in the garden and sunbathing in swimsuits, undergarments and with a naked torso.

3.16. Conduct public events in the territory of the Garden, including meetings, rallies, demonstrations, processions, strikes, advertising and marketing flash mobs without the consent of the Garden Management and competent authorities in the procedure, established by the law.

3.17. Going in for sports and leisure activities creating a threat to the life, health and/or the property of other Visitors.

3.18. Using snow-sleds, toboggans, snow-mobiles, skis, and other objects during winter.

3.19. Contaminate and litter the Garden Territory with household and other litter. 

3.20. To put up signs, make drawings, graffiti on the walls of the buildings and the structures, roads, sidewalks, small architectural facilities and other facilities in the garden territory.
3.21. Move the property of the garden (benches, chairs, chaise lounges, etc.) outside the territory established by the Management of the garden without authorization.
3.22. Do commercial photography and video recording (including with the help of flight mechanisms, such as drones, for any purposes), the natural and culture related facilities, as well as in the territory of the Garden as a whole, without the coordination with the Garden Management.

3.23. Not to fulfill the instructions and the requirements of the Garden management, of guides and of security service.

4. PROCEDURE FOR MOVEMENT OF TRANSPORTATION IN THE GARDEN TERRITORY

4.1. Entry and movement of vehicles within the Garden is prohibited, with the exception of:
- vehicles of emergency and rescue services in the performance of their direct duties;
- vehicles transporting goods, other property necessary to meet the economic needs of the garden;
- vehicles of organizations engaged in the maintenance and repair work of buildings, structures and utilities in the Garden;
- vehicles owned by employees of the Garden.

5. CONSEQUENCES OF NON-FULFILLMENT OF THE RULES AND THE INFLICTION OF HARM

5.1. For violation of the established Rules, those persons who are guilty of this shall compensate the damage in full in accordance with the established procedure and applicable law, and they may also be held liable in accordance with the current legislation of the Republic of Kazakhstan.

Attachment No. 2

Procedure of Reimbursement by Visitors of Inflicted harm

1. In the event of the infliction by the Visitor of property damage to the Garden or to the Institute such harm shall be reimbursed in full.

2. Based on the fact of infliction of harm, the Institute shall draw up an Act that establishes the circumstances of infliction of such harm. The testimony of the Institute and the Garden employees, of Law enforcement agencies, the testimony by persons as well as the video surveillance materials (photo, video recording as well as other evidence, provided for by the Law shall serve as the evidence of infliction of harm.

3. In the event of any infliction of harm to the Garden or to the Institute the Visitor shall inform the representative of the Garden or of the Institute using any method and he shall be obliged not to leave the territory of the Garden until the drafting up of the Act and the resolution of the matter. Failure by the Visitor to inform or leaving the Garden shall not release the Visitor from the reimbursement of the harm inflicted by him.

4. The Institute shall determine the inflicted harm and the amount of its reimbursement according to the special Table below, it shall be stated in the Act and presented to the Visitor or to the Group of Visitors, having inflicted the harm.

5. The Visitor shall be obliged to reimburse the amount of inflicted harm, presented to him in full immediately, and in the event of inability to do so, within the deadline and in the procedure, established by the Institute.

6. Failure to reimburse the amount of inflicted harm voluntarily shall entail the reimbursement of inflicted harm in the judicial or other procedure in full.

7. Without prejudice to the provisions hereof, the Institute shall have the right to summon, inform and convey and transfer to the law enforcement agencies the fact and the necessary information, related to the violation of the Rules for Visitors as well as in the event of infliction of harm by violation of the provisions of the applicable legislation (disruption of public order, violation of the rules for Visiting specially protected natural territories for application of penalty and levying penalty  measures.

Table for Determination of the Scope and of the nature of inflicted harm and of the amounts of its reimbursement