Public Offer for Short-Stay Rental Services

1. General provisions

1.1. This document is a public offer (the “Offer”) within the meaning of Article 395 of the Civil Code of the Republic of Kazakhstan and contains all the essential terms of a contract for paid short-term (daily) residential rental services.

1.2. The agreement concluded on the basis of this Offer is a public contract within the meaning of Article 387 of the Civil Code of the Republic of Kazakhstan. This Offer is publicly available and addressed to an indefinite circle of persons; the Operator confirms bookings on uniform terms subject to availability of the Property and the Guest’s compliance with this Offer, the requirements of the legislation of the Republic of Kazakhstan, and the rules of the relevant Booking Channel. Benefits for individual categories of consumers are granted in cases expressly provided for by law or other regulatory legal acts.

1.3. In accordance with Article 25 of the Law of the Republic of Kazakhstan «On the Protection of Consumer Rights», the Operator discloses to the Guest full information about itself, the Services provided, their cost, period of provision and the procedure for filing claims. This information is published on the Details page and in the booking confirmation sent to the Guest via the relevant Booking Channel.

1.4. The following terms are used in this Offer:

• Operator — IP «Daily Rent», BIN 970117351696, registered address: Republic of Kazakhstan, Astana, 62 Kenesary Street, operating under the simplified declaration regime (primary OKED 55200 «Provision of accommodation for weekends and other short-stay periods»; additional codes 68201 and 68202 — rental and management of owned residential / non-residential real estate).
• Guest — a natural person aged 18 or over, or a legal entity, who has accepted this Offer in the manner provided by section 3.
• Property — residential premises (an apartment) lawfully held by the Operator and provided to the Guest for temporary paid use.
• Services — the set of services for providing the Property for short-term use, including pre-arrival cleaning, provision of household appliances, linen and basic essentials.
• Booking Channel — an online platform (Booking.com, Airbnb, Sutochno.ru, Krisha.kz, Livin.kz) or a direct request to the Operator, through which the Guest initiates a booking.
• Website — the Operator’s official website at dailyrent.kz.

2. Subject of the contract

2.1. The Operator undertakes to provide the Guest with the Property for temporary paid use on short-term daily rental terms, and the Guest undertakes to accept the Property, use it in accordance with this Offer, and pay for the Services rendered.

2.2. The specific Property, stay period, number of guests and cost of the Services are stated in the booking confirmation sent by the Operator to the Guest through the relevant Booking Channel or by email.

2.3. The Property is provided exclusively for the purpose of temporary accommodation. Use of the Property for events, commercial activity, filming, or other purposes without the Operator’s written consent is prohibited.

2.4. Services under this Offer are provided exclusively on the terms of short-term daily rental — for no more than 28 (twenty-eight) consecutive days per booking. Bookings for longer than 28 days are arranged under a separate residential tenancy agreement and are not governed by this Offer or its related documents. The Operator is entitled to refuse to confirm a booking longer than this period through a Booking Channel.

3. Acceptance of the Offer

3.1. The Operator’s services are provided under two independent booking models, each with its own acceptance procedure:

• Model A — Direct booking (via dailyrent.kz, WhatsApp, the Operator’s phone or email): acceptance occurs when the Guest makes full or partial payment for the Services through the Halyk ePay or Kaspi Pay gateway using the link sent by the Operator, or when the Guest actually checks in at the Property.

• Model B — Booking via a third-party Channel (Booking.com, Airbnb, Sutochno.ru, Krisha.kz, Livin.kz): acceptance occurs when the Guest makes a booking for the Property through the relevant Booking Channel in accordance with the Channel’s rules. Such bookings are additionally subject to the Channel’s rules, which prevail in case of conflict with this Offer.

3.2. The Guest’s performance of any of the actions in section 3.1 is a full and unconditional acceptance under Article 396 of the Civil Code of the Republic of Kazakhstan and means that the Guest has accepted the terms of this Offer, the applicable Payment Rules, the Refund and Cancellation Terms, and the Privacy Policy — to the extent applicable to the chosen booking model.

3.3. The contract between the Operator and the Guest is deemed concluded upon acceptance and remains in force until both parties have fully performed their obligations.

4. Cost and payment procedure

4.1. The cost of Services is determined individually for each booking and depends on the chosen Property, stay period, number of guests, and seasonality. The specific cost is disclosed to the Guest before acceptance of the Offer — on the Property’s page on the Booking Channel (Model B) or in the price confirmation sent by the Operator on request (Model A). The cost stated in the booking confirmation is final for that booking and not subject to unilateral change by the Operator after acceptance.

4.2. Settlement currency for direct bookings (Model A) — the Kazakhstani tenge (KZT). For bookings via a third-party Channel (Model B), the settlement currency is determined by the Channel’s rules.

4.3. Method of payment for direct bookings (Model A) — cashless payment by bank card via certified payment gateways: Halyk ePay (JSC «Halyk Bank of Kazakhstan») or Kaspi Pay (JSC «Kaspi Bank» / LLP «Kaspi Pay»). The specific gateway is indicated in the payment link sent by the Operator to the Guest.

4.4. Method of payment for bookings via a Channel (Model B) is determined by the rules of the relevant Channel. The platform transfers the amounts owed to the Operator on its own schedule and in accordance with its contract with the Operator.

4.5. Detailed payment rules are set out in the Payment Rules document.

4.6. The Guest’s payment obligation is deemed fulfilled at the following moment:

• under Model A — when funds are credited to the Operator’s bank account through the payment gateway;
• under Model B — payment by the Guest through the relevant Booking Channel in accordance with the Channel’s rules.

4.7. In addition to the cost of stay, the Guest pays a security deposit in the amount of 10,000 to 50,000 KZT (the exact amount depends on the chosen Property and the booking terms, and is disclosed to the Guest before acceptance of the Offer — on the Property’s page on the Booking Channel or in the price confirmation for direct bookings, in accordance with Article 25 of the Law of the Republic of Kazakhstan «On the Protection of Consumer Rights»). The deposit is refunded on check-out provided there is no property damage and no breach of stay rules. Methods of paying and refunding the deposit — in the Payment Rules, section 6. If the Booking Channel provides its own security-deposit mechanism (e.g. AirCover by Airbnb, Damage Deposit by Booking.com), the Channel’s mechanism prevails.

5. Operator’s rights and obligations

5.1. The Operator undertakes to:

• provide the Property in a clean, habitable condition on the date and at the time agreed with the Guest;
• ensure that the Property is safe for the Guest’s life, health and belongings in accordance with Article 11 of the Law of the Republic of Kazakhstan «On the Protection of Consumer Rights», and maintain the Property in a state meeting the sanitary and hygiene requirements and fire-safety standards applicable to residential premises; any deficiencies discovered by the Guest must be reported to the Operator immediately by any of the communication means stated in the booking confirmation;
• ensure the operability of building systems (electricity, water supply, heating, internet);
• remedy identified Property defects (breakdowns of household appliances, building systems) within a reasonable time of being notified by the Guest, and, if remedying them is impossible, provide an alternative Property of a comparable standard or refund a proportionate part of the cost;
• provide a basic set of linen, towels, dishware and hygiene essentials;
• maintain communication with the Guest on the numbers +7 (776) 131-17-17 and +7 (775) 807-44-51 (telephone and WhatsApp) around the clock throughout the entire stay;
• process the Guest’s personal data in accordance with the Privacy Policy and the Law of the Republic of Kazakhstan «On Personal Data and Their Protection» of 21 May 2013 No. 94-V.

5.2. The Operator is entitled to:

• refuse check-in where there are obvious indications that the Guest’s condition threatens the safety or preservation of the Property, or the safety of the Operator, other guests, or neighbours. In that case the Operator draws up a brief record stating the grounds for refusal; the booking cost paid is refunded to the Guest in full less the Operator’s documented actual booking expenses;
• terminate the contract unilaterally if the Guest materially breaches the stay rules (section 6.2). Material breaches include, in particular: smoking at the Property, holding noisy events, accommodating undeclared persons beyond maximum capacity, intentional damage to property. Before termination, the Operator sends the Guest a written warning specifying the violation and a reasonable period to remedy it, except where continued stay creates a threat to property or other persons. On termination, the Operator may withhold the cost of Services actually rendered and the amount of substantiated damage;
• engage third parties to provide ancillary services (cleaning, technical maintenance, laundry). Third parties may access the Property during the Guest’s stay only between 09:00 and 22:00 and only with reasonable prior notice to the Guest, except in emergencies.

6. Guest’s rights and obligations

6.1. The Guest is entitled to:

• use the Property and its contents for their intended purpose during the paid period;
• receive prompt assistance from the Operator on matters related to the stay;
• request financial documents (receipts, fiscal receipts) from the Operator in connection with payment for the Services.

6.2. The Guest undertakes to:

• check in no earlier than 14:00 on the first day of stay and check out no later than 12:00 on the last day, unless otherwise agreed by the parties. Delayed check-out after 12:00 without prior written consent of the Operator is treated as actual continued use of the Property and entails an additional payment by the Guest: for each full or partial hour of delay — 10% of the nightly rate for the current booking; delay of more than 4 (four) hours is charged as one full additional day of accommodation. In any case, the amount withheld under this section shall not exceed 30% of the current booking cost (taking into account Article 8-1 paragraph 2 subparagraph 4 of the Law of the Republic of Kazakhstan «On the Protection of Consumer Rights»). This charge is withheld from the security deposit, or recovered separately if the deposit is insufficient;
• observe quiet hours from 22:00 to 09:00 daily, in accordance with Article 437 of the Code of the Republic of Kazakhstan on Administrative Offences. As regards residential premises, the same regime applies on weekends and public holidays (a later statutory end time for quiet hours applies only to entertainment venues located in residential buildings, and does not extend to apartments);
• not smoke at the Property (including balconies, loggias and common areas), including e-cigarettes and hookahs. In case of breach of this prohibition, the Guest undertakes to pay the cost of specialised cleaning (ozonation, chemical treatment of textiles and surfaces) in the amount of the full security deposit for the booking concerned; this amount is withheld by the Operator from the deposit and is not refundable to the Guest, regardless of the condition of other Property contents. If the documented cost of restoration exceeds the deposit, the Guest must additionally reimburse the difference (section 8.3 of this Offer). This amount is a fixed fee for specialised cleaning where a smoking violation is detected;
• not hold parties, celebrations or other noisy events without prior written agreement with the Operator;
• not accommodate at the Property any person not listed in the booking or any person in excess of maximum capacity;
• not transfer keys or access to the Property to third parties;
• treat the Operator’s property with care and compensate for damage caused in full;
• on the Operator’s request, present identification and sign a Property handover and acceptance certificate.

6.3. Keeping pets at the Property is allowed on request and is subject to prior written agreement with the Operator for each specific Property and booking. Without such agreement, animals are not permitted at the Property.

6.4. Migration registration of foreign nationals and stateless persons. If the Guest is a foreign national or a stateless person, the Operator is required to notify the internal affairs authorities of the Republic of Kazakhstan of the Guest’s arrival within 3 (three) calendar days of check-in, in the manner established by the Law of the Republic of Kazakhstan «On Population Migration» of 22 July 2011 No. 477-IV and the current migration-registration rules of the Republic of Kazakhstan (eQonaq.kz). Notification is made through the migration-registration information system (eQonaq.kz / vmp.gov.kz). On check-in the Guest must provide the Operator with a personal identification document (passport), as well as a migration card, visa or other authorisation document if applicable. The Operator’s obligation is performed on the basis of information contained in the documents presented by the Guest; the Guest guarantees the accuracy of such information and is liable for providing inaccurate or falsified information under the legislation of the Republic of Kazakhstan.

6.5. Group of guests, responsibility of the person making the booking, and exceeding the number of guests. A Guest who made the booking for several persons is responsible to the Operator for the accuracy of information about the group composition, payment for the booking, and observance of stay rules by all persons admitted by that Guest to the Property. Transfer of keys and access to the Property to persons not listed in the booking is not permitted. Accommodating persons in excess of the number stated in the booking is permitted only with the Operator’s prior written consent and subject to the Property’s maximum capacity; in that case, the stay cost is increased by 50% of the actual nightly rate for the current booking, for each day on which the booked number of guests is exceeded and for each additional person. Where undeclared persons are accommodated without the Operator’s prior consent, the Operator may refuse further stay to such persons, terminate the contract on the grounds of section 5.2 of this Offer, and recover documented losses. Persons staying at the Property without a booking or in excess of the number stated in the booking are not Guests within the meaning of this Offer and acquire no rights under the contract; the Operator’s liability to such a person is limited to the mandatory legal requirements on the safety and quality of services.

7. Cancellation and refund terms

7.1. Booking cancellation and refund terms are governed by a separate document — the Refund and Cancellation Terms, which forms an integral part of this Offer.

7.2. When a booking is made through a Booking Channel (Booking.com, Airbnb, Sutochno.ru), the cancellation policy in force on the relevant platform applies, if expressly agreed by the Guest when making the booking.

8. Liability of the parties

8.1. For failure to perform or improper performance of obligations under this Offer, the parties bear liability under the current legislation of the Republic of Kazakhstan.

8.2. The limit of the Operator’s liability to the Guest for any direct losses caused by the Operator’s acts or omissions is limited to the cost of the paid booking. The Operator bears no liability for lost profits, moral damage (except as expressly provided by law), or for indirect and consequential losses. This limitation does not apply to losses suffered by any natural person who is the actual recipient of the Services and who has consumer status within the meaning of the Law of the Republic of Kazakhstan «On the Protection of Consumer Rights»: such losses are subject to full compensation under Articles 11, 31, 35 and chapter 5 of that Law.

8.3. The Guest bears full financial liability for damage caused to the Operator’s property, third parties’ property, or common property of the building during the stay. The amount of damage is determined on the basis of an inspection report and documents supporting the cost of restoration.

8.3.1. Ordinary wear and tear within the meaning of Article 561 of the Civil Code of the Republic of Kazakhstan (Special Part) does not constitute property damage and includes: minor scuffs, fading, barely noticeable signs of use within normal use. The following are treated as damage: stains requiring special cleaning or textile replacement; scratches, chips and deformations of furniture and flooring beyond surface scuffing; odours requiring professional treatment; mechanical breakdowns. If the Guest disagrees with the Operator’s assessment, the parties engage an independent appraiser; appraisal costs are paid by the party whose initial position is not confirmed.

8.3.2. Additional cleaning for soiling and stains. If, after the Guest’s check-out, soiling is detected at the Property beyond the standard cleaning included in the booking — including stains on textiles, furniture, flooring or other surfaces, traces of liquids, an excessive amount of waste, or other soiling requiring additional treatment or removal — the Operator withholds the cost of additional cleaning from the security deposit. Documentary confirmation of the necessity and cost of additional cleaning is provided by a report from the cleaning team or contracted cleaning company of the Operator, accompanied by photographic evidence of the Property’s condition at check-out and a cost calculation. The cost of additional cleaning constitutes the Operator’s actual expenses within the meaning of paragraph 1 of Article 686 of the Civil Code of the Republic of Kazakhstan. If the cost of additional cleaning exceeds the deposit, the Guest must additionally reimburse the difference under section 8.3 of this Offer.

8.4. The parties are released from liability for full or partial failure to perform obligations if it was caused by force majeure within the meaning of paragraph 2 of Article 359 and Article 374 of the Civil Code of the Republic of Kazakhstan: natural disasters, fires, utility-system failures, hostilities, epidemics, acts of state authorities making performance impossible.

8.5. The party affected must notify the other party of force-majeure circumstances within 24 hours of becoming aware of them, by any available communication means.

8.6. Release from liability under section 8.4 does not release the Operator from the obligation to refund the cost of the Services not provided to the Guest, in the manner provided by the Civil Code of the Republic of Kazakhstan, including paragraph 1 of Article 686, and the applicable rules of the Law of the Republic of Kazakhstan «On the Protection of Consumer Rights». The refund is made within no more than 10 (ten) business days of the Operator establishing that the Services cannot be provided.

8.7. The Guest’s inability to use the Property due to circumstances relating to the Guest or third parties associated with the Guest (transport cancellation/delay, visa refusal, Guest’s illness, etc.) is not force majeure within the meaning of this Offer and does not release the Guest from payment obligations under the applicable Booking Channel policy or under section 1.3 of the Refund and Cancellation Terms. The Guest is advised to obtain travel-cancellation insurance.

9. Final provisions

9.1. This Offer is governed by and construed in accordance with the legislation of the Republic of Kazakhstan, including the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan «On the Protection of Consumer Rights», and the Law of the Republic of Kazakhstan «On Personal Data and Their Protection».

9.2. All disputes and disagreements between the Operator and the Guest are resolved through negotiation. The pre-trial procedure for dispute resolution is mandatory. The Operator is required to consider the Guest’s written claim and send a reasoned written response with supporting documents within 10 (ten) calendar days of receiving the claim under Article 42-4 of the Law of the Republic of Kazakhstan «On the Protection of Consumer Rights». A Guest who is not satisfied with the response, or has not received a response within the specified period, may apply to the Committee for the Protection of Consumer Rights of the Ministry of Trade and Integration of the Republic of Kazakhstan (through the e-tutynushy.kz or eotinish.kz service), as well as to other authorised bodies and the courts.

9.3. If no pre-trial agreement is reached, the dispute is submitted to court in the manner established by the civil procedure law of the Republic of Kazakhstan. A Guest who is a consumer within the meaning of the Law of the Republic of Kazakhstan «On the Protection of Consumer Rights» may bring a claim, at the Guest’s choice: at their place of residence, at the Operator’s location (Astana), or at the place where the contract was concluded or performed. Other disputes are considered at the Operator’s location — Astana.

9.4. The Operator is entitled to amend this Offer unilaterally, publishing the new version on the Website. Amendments take effect upon publication and apply only to bookings made after the date of publication of the new version. Bookings made before an amendment continue to be governed by the version in force at the time of acceptance.

The legally binding version of this Offer is the Russian version. This English translation is provided for informational purposes only. In case of any discrepancy between this translation and the Russian original, the Russian original prevails.