Information

Terms of use

USER AGREEMENT

(PUBLIC OFFER FOR USERS OF THE “UMRABOR” PLATFORM)

This User Agreement (hereinafter — the “Agreement”) constitutes an official public offer of RUVEX Limited Liability Company, the owner of the online platform “UMRABOR” (hereinafter — the “Aggregator”), and defines the terms and conditions of use of the information technology infrastructure of the “UMRABOR” platform (hereinafter — the “Platform”) by natural persons (hereinafter — the “Users” / the “Clients”).

Pursuant to Article 369 of the Civil Code of the Republic of Uzbekistan, registration on the Platform, creation of a Personal Account or submission of a booking request shall be deemed acceptance of this offer and shall be legally equivalent to the conclusion of a bilateral written contract on the terms and conditions set out below.

1. TERMS AND DEFINITIONS

  • Aggregator (Owner of the UMRABOR Platform) — RUVEX LLC, which provides an information technology venue for interaction between Merchants and Users.

  • Platform — the website umrabor.uz (including all subdomains) and/or the UMRABOR mobile application — an IT system for searching, comparing, configuring and paying for pilgrimage tours.

  • Platform Interfaces — the visual and software environments for interaction with the Platform, ensuring technical communication between the Aggregator, the Merchant and the Users. The client interface comprises: the principal website umrabor.uz and its mobile versions; the official mobile applications for iOS and Android; mini-applications and web widgets within integrated payment systems and messengers (including Telegram and WhatsApp); chatbots and other software modules integrated with the Aggregator’s databases.

  • Merchant — a person carrying out entrepreneurial activity in any form permitted by the legislation of the Republic of Uzbekistan, holding a special licence for the organisation of “Umrah” events (in accordance with Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 668), which places its tour packages on the Platform and uploads to the Platform its own contract for the provision of tourist services containing terms on cancellation, refund of funds and substitution of a pilgrim.

  • User — a natural person using the Platform to search for, view and compare information on pilgrimage tours.

  • Client — a User who has submitted and paid for a booking request for a pilgrimage tour for himself/herself and/or for the benefit of third parties (Fellow Travellers).

  • Fellow Traveller — a third party for whose benefit the Client arranges a pilgrimage tour and whose personal data the Client enters into the Platform.

  • Pilgrimage Tour (Tour Package) — a set of tourist and religious services (visa, air travel, transfer, hotel, guide) that is configured, sold and performed exclusively by the Merchant.

  • Payment System — the payment acceptance service integrated into the Platform (for example, CLICK), which accepts payments, performs the technical division (split) of the payment amount and carries out the reversal (refund) of funds upon the corresponding commands.

  • Split — the automatic division of the payment amount by the Payment System at the moment of payment between the Merchant and the Aggregator in accordance with pre-configured rules. The Aggregator does not accumulate Clients’ funds in its accounts.

  • Reversal (refund) — an operation of the Payment System returning to the Client a previously paid amount, initiated upon a command issued as a result of cancellation of the booking request.

2. LEGAL STATUS OF THE PLATFORM

2.1. The Aggregator provides exclusively information technology services (the infrastructure of the Platform) and acts within the framework of the Law of the Republic of Uzbekistan “On Electronic Commerce”.

2.2. The Aggregator is not a tour operator, travel agent or payment agent; it does not provide tourist, excursion or religious services, does not configure pilgrimage tours and is not a party to the sale and purchase transaction in respect of a tour between the Client and the Merchant. The Aggregator does not accumulate, withhold or hold Users’ funds in its accounts. The technical division of the payment (split) and the refund of funds are carried out by the Payment System on the basis of pre-configured rules and incoming commands; the fact that the Aggregator performs the technical configuration of such rules does not render it a party to the settlements or a payment agent.

2.3. The contract for the sale of the tourist product (pilgrimage tour) is concluded directly between the Client and the particular Merchant. The contract shall be deemed concluded at the moment when the Client makes payment for the selected tour. All rights, obligations and legal liability in respect of performance of the tour arise exclusively for the Merchant.

2.4. Prior to payment, the Client is provided, within the Platform interface, with information on the Merchant with whom the contract is concluded (name, particulars, number of the licence for the organisation of “Umrah” events), as well as with the text of the Merchant’s contract for the provision of tourist services. When selecting and configuring a pilgrimage tour package, the Client shall review the terms of the contract of the relevant Merchant, including the section on cancellation, refund of funds and substitution of a pilgrim. Ticking the consent box or making payment shall be deemed acceptance of the terms of the Merchant’s contract to the extent that they do not contradict the mandatory provisions of consumer protection legislation.

2.5. Merchants’ contracts are placed on the Platform in the languages in which the Platform operates.

2.6. The Aggregator is neither a co-performer, guarantor nor agent in respect of the transaction between the Merchant and the Client and shall bear no liability for claims arising from the Client’s failure to review, or incomplete understanding of, the terms of the Merchant’s contract.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The User (Client) undertakes:

  • to make bookings and payments for pilgrimage tours in accordance with the requirements of the legislation of the Republic of Uzbekistan, including as regards the requirements of legal capacity. The Client shall bear responsibility for compliance with the said requirements;

  • to enter the data of Fellow Travellers in accordance with the requirements of the legislation of the Republic of Uzbekistan, including as regards the requirements of age and legal capacity. The Client shall bear responsibility for the lawfulness of entering the Fellow Travellers’ data and for the accuracy of the information provided;

  • to provide, upon registration and booking, accurate, up-to-date and complete personal data (his/her own and that of Fellow Travellers) in accordance with Section 6 of this Agreement;

  • to warrant that the consent of each Fellow Traveller to the processing and transfer of his/her personal data on the terms of this Agreement has been obtained in the manner established by the legislation of the Republic of Uzbekistan. The Client shall bear responsibility for the absence of such consent;

  • to ensure, on his/her own, the safekeeping of the login and password to the Personal Account. Any actions performed from the Personal Account shall be deemed performed by the User personally;

  • to pay for the selected tours in a timely manner and in full through the integrated Payment System;

  • to verify, on his/her own, the requirements applicable to foreign passports, visa regimes and medical prescriptions necessary for undertaking the pilgrimage;

  • prior to submitting a booking request, to review the terms of the contract of the relevant Merchant, including the terms on cancellation, refund and substitution of a pilgrim.

3.2. The User (Client) shall have the right:

  • to use the informational functionality of the Platform free of charge for searching, comparing and submitting requests for the configuration of tours;

  • to receive technical support on matters relating to the operation of the Personal Account and the Platform interface;

  • to send to the Merchant, through the Platform interface, official communications relating to performance of the contract: enquiries concerning the organisation and conduct of the tour; applications for cancellation (annulment) of a booked tour; requests for refund of funds; applications for substitution of a Fellow Traveller; complaints as to the quality of the services rendered by the Merchant.

  • The Parties recognise the sending of communications via the Personal Account as the official and primary means of communication between the Client and the Merchant. Such communications are forwarded to the Merchant’s account; the Platform records the fact and time of their dispatch.

  • Should the Merchant fail to respond to the Client’s communication, the Client shall be entitled to contact the Platform’s technical support service. The Platform registers the communication and provides assistance in its transmission and escalation to the Merchant. In doing so, the Platform does not assume the Merchant’s obligations and does not guarantee that the Merchant will adopt any particular decision or refund any funds; the time limits for the Merchant’s consideration of communications are established by the contract between the Merchant and the Aggregator.

3.3. The Aggregator undertakes:

  • to maintain the operability of the Platform, save for periods of scheduled technical and preventive maintenance;

  • to transmit in a timely manner the booking requests generated by the Client and the payment data to the relevant Merchant by means of the IT infrastructure;

  • to record technically the fact and time of the Client’s communications sent via the Personal Account.

3.4. The Aggregator shall have the right:

  • to refuse registration or to block a User’s Personal Account where there is a reasonable suspicion of fraud, data scraping (parsing) or breach of the terms of this Agreement. Blocking shall not deprive the Client of the ability to resolve matters relating to tours already paid for, including requests for refunds;

  • to modify unilaterally the design, interface and operating algorithms of the Platform, as well as the terms of this Agreement in accordance with the procedure set out in Section 9.

4. PAYMENT PROCEDURE, REMUNERATION AND REFUND OF FUNDS

4.1. All payments are made by the Client by non-cash settlement through the integrated Payment System. The Client pays the price of the selected tour. The Aggregator’s remuneration is included in the price of the tour and is not charged to the Client in addition.

4.2. At the moment of payment, the Payment System performs the split — the automatic division of the amount between the Merchant and the Aggregator in accordance with pre-configured rules. The Aggregator does not accumulate Clients’ funds; the Aggregator’s remuneration constitutes a share embedded in the price of the tour which is withheld from the amount due to the Merchant on the side of the Payment System.

4.3. A refund of funds is initiated by the Merchant, save in the case of automatic cancellation of a booking request provided for in clause 4.4 of this Agreement. Where the Merchant takes a decision to make a refund, a corresponding command is generated in the Platform interface, pursuant to which the booking request is cancelled on the Platform and the refund is executed through the integrated Payment System or by another means provided for in the Merchant’s contract with the Client.

4.4. The Merchant shall process the booking request (confirm or reject it) within 72 (seventy-two) hours from the moment of its receipt; weekends and public holidays shall not be included in the said period. If the request is not processed by the Merchant within the said period, the Platform shall automatically cancel the request, and the amount paid by the Client shall be subject to refund to the Client in full (100%).

4.5. If the Merchant has rejected the booking request (including on the ground of unavailability of places), the amount paid by the Client shall be subject to refund to the Client in full (100%).

4.6. Unless otherwise provided for in clauses 4.4 and 4.5 of this Agreement, cancellation of a booking and refund of funds shall be effected by the Merchant in accordance with the terms of the contract between the Merchant and the Client in force at the time of purchase of the tour package. The amount subject to refund, and the time limits and procedure for its payment, shall be determined entirely by the refund terms established by the Merchant in the said contract. The Aggregator does not independently calculate the amounts to be refunded and is not the initiator of payments.

4.7. The date and time of the Client’s dispatch of a communication concerning cancellation and refund are recorded by the Platform’s system. The refund terms are determined as at the moment of dispatch of the communication and not as at the moment of its actual consideration by the Merchant.

4.8. In the event of cancellation of the tour through the fault of the Merchant, of the impossibility of its performance due to circumstances for which the Client is not answerable, as well as in other cases provided for by consumer protection legislation, the Client shall retain the right to a refund in the amount established by such legislation, irrespective of the terms of the Merchant’s contract.

4.9. Save for the automatic cancellation of a booking request due to expiry of the processing period (clause 4.4), the Aggregator does not itself initiate cancellations of requests or refunds of funds. In other cases, technical cancellation of a booking request on the Platform’s side is effected by the Aggregator solely on the basis of an official request from the Merchant.

4.10. The fiscal receipt (the document confirming payment) is generated through the integrated Payment System (the payment aggregator) in accordance with the legislation of the Republic of Uzbekistan.

5. INTELLECTUAL PROPERTY

5.1. The design, graphic elements, logos, software code and database structure of the Platform are the intellectual property of RUVEX LLC and are protected by the Law of the Republic of Uzbekistan “On Copyright and Related Rights”. Any copying, downloading (parsing) or modification of elements of the Platform is prohibited.

5.2. By posting reviews, comments or photographs on the Platform, the User grants the Aggregator a royalty-free non-exclusive licence to use such content for the marketing purposes of the Platform. The User warrants that the content posted does not infringe the rights of third parties and, where other persons appear in the images, that their consent has been obtained.

6. PERSONAL DATA

6.1. By accepting this Agreement, the Client consents to the processing of his/her personal data and the personal data of Fellow Travellers for the purposes of arranging and performing the pilgrimage tour. The procedure for the collection, storage, use and transfer of personal data is determined by the Privacy and Personal Data Processing Policy of RUVEX LLC, published at umrabor.uz/en/p/privacy, which forms an integral part of this Agreement.

6.2. The Aggregator is a personal data operator. The collection, systematisation and storage of personal data are carried out using databases physically located within the territory of the Republic of Uzbekistan. The collected data are transferred to the relevant Merchant to the extent necessary for the provision of tourist services; from the moment of transfer, the Merchant becomes an independent operator and processes the data under its own responsibility.

6.3. The Client warrants that the personal data of Fellow Travellers have been entered by him/her lawfully and that consent to their processing, including the cross-border transfer of data necessary for performance of the tour (in particular, for obtaining a visa of the Kingdom of Saudi Arabia), has been obtained in the manner established by the legislation of the Republic of Uzbekistan. The Client shall bear responsibility for the absence of such consent in accordance with the Policy.

7. LIMITATION OF THE AGGREGATOR’S LIABILITY

7.1. The Aggregator shall bear no liability for the accuracy, currency or completeness of information on tours, prices, or availability of places in hotels and on flights, since such content is uploaded by the Merchants themselves.

7.2. The Aggregator shall bear no liability for damage caused to the Client or Fellow Travellers in the course of the tour, including but not limited to: cancellation, rescheduling or delay of flights and loss of baggage; non-conformity of accommodation conditions with the stated descriptions; acts or omissions of guides, group leaders and representatives of the Merchant; refusal by state authorities (including those of the Kingdom of Saudi Arabia) to issue a visa or to permit crossing of the border.

7.3. The Aggregator shall bear no liability for technical failures on the side of hosting providers, internet operators, acquiring banks or the Payment System which have resulted in the impossibility of using the Platform or in failures in the processing of payments on the side of the said persons.

8. FORCE MAJEURE

8.1. The Parties shall be released from liability for non-performance or improper performance of their obligations if it is caused by force majeure circumstances (natural disasters, military action, acts of public authorities, failures of trunk communication and power supply networks and other events of an extraordinary nature) which arose after acceptance of this Agreement.

8.2. In addition to the said circumstances, the Parties shall treat as force majeure circumstances the following specific regulatory events affecting the organisation of the pilgrimage: annulment, reduction or suspension of “Umrah” quotas by the competent authorities of the Kingdom of Saudi Arabia or of the Republic of Uzbekistan; closure of airspace; introduction of extraordinary sanitary and epidemiological restrictions at the places of pilgrimage.

8.3. The consequences of the occurrence of force majeure circumstances for a booked tour (including the rescheduling, replacement or cancellation of the tour and the procedure for settlements with the Client) shall be determined by the contract between the Merchant and the Client and by the legislation of the Republic of Uzbekistan.

9. DISPUTE RESOLUTION PROCEDURE AND AMENDMENT OF THE AGREEMENT

9.1. Disputes between the User and the Aggregator concerning the operation of the Platform shall be resolved by way of the pre-trial claim procedure. The period for consideration of a written claim is 15 (fifteen) calendar days from the date of its receipt at the address: info@umrabor.uz.

9.2. Failing agreement, the dispute shall be referred to a court in accordance with the applicable legislation of the Republic of Uzbekistan. This provision does not restrict the rights of a User-consumer to bring an action under the rules of jurisdiction established by consumer protection legislation.

9.3. Disputes and claims arising out of the improper provision or non-provision of a pilgrimage tour shall be resolved by the Client directly with the Merchant.

9.4. The Aggregator shall have the right to amend this Agreement unilaterally. Where material amendments are made, the Aggregator shall notify Users by posting a corresponding notice on the Platform. Amendments shall enter into force from the moment of publication of the new version.

10. FINAL PROVISIONS

10.1. This Agreement enters into force for the User from the moment of his/her acceptance and is valid for an indefinite term.

10.2. This Agreement has been prepared and is available in the Uzbek, Russian and English languages. The User is shown the version of the Agreement corresponding to the selected language of the Platform interface. All language versions have equal legal force.

11. PARTICULARS OF THE AGGREGATOR

RUVEX Limited Liability Company — owner of the UMRABOR platform

Registered address: 53 Sh. Rustaveli St., Mukhandislar MFY, Yakkasaray district, Tashkent, Republic of Uzbekistan

Settlement account: 20208000007339694001 with JSCB “Asia Alliance Bank”

Bank code (MFO): 01095 TIN (INN): 312527894 OKED: 62010

Director: Mamajanov Rustam Yusupjanovich

E-mail: info@umrabor.uz