Public Offer and User Agreement

Version dated [date of approval]. Date of publication on the Website: [date of publication].

1.1. [organiser's name], [BIN/IIN], [registered address] (the “Organiser”), pursuant to Articles 387 and 395 of the Civil Code of the Republic of Kazakhstan (the “Civil Code”), offers to any individual to enter into a contract on the terms of this document (the “Offer”).

1.2. The Offer combines two documents. The first is a user agreement: the terms of use of the website [website address] and of submitting an application to participate in the DAYINN FEST festival. The second is a public offer: the terms of purchase of electronic tickets to the festival.

1.3. The Offer is public. Its terms are the same for all buyers, including the price of a ticket of the same category at the time of purchase. The contract is concluded by accession to the Offer as a whole.

1.4. Sections 7–12 on the purchase of tickets take effect from the date on which sales open, which the Organiser will announce on the Website. Until that date, information on the Website about the festival, its programme and possible prices is for information purposes only and does not constitute an offer (paragraph 4 of Article 395 of the Civil Code).

1.5. The Organiser may amend the Offer by publishing a new version on the Website indicating its date. The new version applies from that date and does not change the terms of orders already paid for. Previous versions [are available on the Website / are provided on request].

1.6. The Offer is published in Kazakh, Russian and English. The Kazakh and Russian texts are equally authentic. The English text is a translation provided for convenience; in the event of any discrepancy, the Kazakh and Russian texts prevail.

1.7. The contract is effective from the moment of acceptance until the parties have fully performed their obligations. If any term of the Offer proves invalid, the remaining terms remain in force. Matters not governed by the Offer are resolved in accordance with the laws of the Republic of Kazakhstan.

The following terms are used in the Offer:

“Organiser” means [organiser's name], the organiser of the Festival and the seller of Tickets.

“Website” means the Festival website [website address] in Kazakh, Russian and English.

“Festival” means DAYINN FEST (Kazakhstan Outdoor Experience), a three-day open-air festival of music and Kazakh culture. Dates: 4–6 June 2027; venue: Almaty Region, Republic of Kazakhstan, [specify: exact venue address]. The Organiser will announce the exact venue on the Website; until then, clause 11.2 applies.

“User” means any person who uses the Website.

“Application” means a request submitted by a User through the form on the Website asking to be contacted about participation in the Festival.

“Buyer” means an individual who has placed and paid for an Order.

“Visitor” means a person who enters the Festival with a Ticket. The Visitor and the Buyer may be different people.

“Order” means the Tickets and services that the Buyer has selected on the Website and placed for payment.

“Category” means a type of Ticket. The list of Categories and what each of them includes [specify: days of attendance, zones, Accommodation] are published on the Website when sales open.

“Ticket” means an electronic ticket: a unique number and QR code (the “Code”) confirming the right to enter the Festival under the selected Category.

“Accommodation” means a place to stay on the Festival grounds (in a tent or camper van) provided by the Organiser.

“Payment Organisation” means [payment organisation], through which payments by bank card [and via Kaspi, if it is connected] are accepted.

“Policy” means the Privacy Policy of the Website.

3.1. Under the user agreement, the Organiser provides access to the Website free of charge: to information about the Festival and to the Application form.

3.2. Under the Ticket purchase contract, the Organiser undertakes to admit the Visitor to the Festival and to provide the services included in the Category, and the Buyer undertakes to pay for the Order. Such services include Accommodation if it is included in the Category or purchased separately. The Organiser sells Tickets directly, without intermediaries.

3.3. The essential terms are stated on the Website before payment and in the Order confirmation. These are the Festival, the dates, the venue, the Category, the services included and the price. If the exact venue address has not yet been announced at the time of purchase, Almaty Region is stated, and the Buyer has the right under clause 11.2.

3.4. The Festival programme includes: a stage, ethnic games, crafts, yurts, a food court, camping (tents, camper vans), a banya (bathhouse), jeep clubs, business clubs and talks by speakers. The Organiser publishes the detailed programme and schedule on the Website. The list in this clause is descriptive. The services included in a Category are stated on the Category page before payment.

4.1. Payment for the Order constitutes acceptance of the Offer with respect to the purchase of Tickets (paragraph 3 of Article 396 of the Civil Code). The contract is concluded when the Payment Organisation has confirmed successful payment.

4.2. Before payment, the Buyer ticks two mandatory boxes. With the first, the Buyer confirms that they have read and accept the Offer, including the refund terms (Sections 11 and 12). With the second, the Buyer consents to the collection and processing of personal data, including its transfer to the Payment Organisation, in accordance with the Policy. These boxes are not pre-ticked.

4.3. By using the Website, the User accepts the terms of use of the Website set out in Sections 5 and 6.

4.4. Submitting an Application does not constitute acceptance of the Offer with respect to purchase. An Application is neither a purchase nor a reservation of a Ticket. It does not oblige the User to pay or the Organiser to sell a Ticket.

4.5. The Organiser may refuse to conclude a contract only if Tickets of the selected Category are not available or payment cannot be accepted for technical reasons.

5.1. The Website is for information purposes. The Organiser endeavours to keep the information on it up to date. For changes to the programme and terms of the Festival, see Section 11.

5.2. The User undertakes:

to provide accurate data and not to submit another person's data without that person's consent;

not to interfere with the operation of the Website, not to use software for the mass submission of Applications and Orders, and not to attempt to access restricted parts of the Website;

not to use the Website for purposes contrary to the laws of the Republic of Kazakhstan.

5.3. The Website contains links to third-party resources: Instagram, WhatsApp and Telegram, and [after sales open] the payment page of the Payment Organisation. These resources are governed by the rules of their owners.

5.4. The Organiser may temporarily suspend the operation of the Website for technical maintenance. It may restrict access for Users who breach clause 5.2.

5.5. The DAYINN FEST name and logo, the design, texts, photographs, videos and other materials of the Website belong to the Organiser or are used by it lawfully. They may not be copied, distributed or used for commercial purposes without the Organiser's written consent, except where permitted by law.

5.6. The Website stores only technically necessary data in the browser. There are no analytics or advertising trackers on the Website. For details, see the Policy.

6.1. Until sales open, the Website accepts Applications. The form requires a name, telephone number and email; a comment is optional.

6.2. An Application is not a purchase, payment or reservation of a Ticket. It does not guarantee the availability of Tickets, their price or Category, and creates no financial obligations for either the User or the Organiser.

6.3. The Organiser uses the data from an Application to notify the User when sales open and to answer the User's questions. The data are processed in accordance with the Policy with the User's consent, which the User gives by ticking a separate box in the form before submitting it (clause 14.2). The box is not pre-ticked.

6.4. The User may withdraw the Application and consent at any time. To do so, the User should write to [email] or contact the Organiser using the contact details in Section 16.

7.1. The Organiser announces the date on which sales open on the Website and on Instagram @dayinn.fest.

7.2. Before an Order is placed, the Website states the Categories, prices, included services and [the maximum number of Tickets per Order, if any]. Prices are stated in tenge and are final: they include all taxes [including VAT, if the Organiser is a VAT payer]. The Organiser charges nothing in addition to the amount shown before payment.

7.3. To buy a Ticket, the Buyer selects a Category and the number of Tickets and provides a name, email and telephone number [and the Visitors' details, if Tickets are personalised]. The Buyer then ticks the two boxes under clause 4.2 and proceeds to payment.

7.4. Payment is cashless only. Payment can be made by Visa or Mastercard [specify: list of cards] [or via Kaspi, if it is connected] on the secure page of the Payment Organisation. An Order that is not paid within [payment time limit] is cancelled automatically.

7.5. The bank that issued the card may decline a payment. The reasons vary: limits, insufficient funds, unconfirmed 3-D Secure authentication. For questions about charges, please contact your bank. If money has been debited but the Ticket has not arrived, follow clause 8.2.

7.6. The payment processing fee is deducted from the payment amount in settlements between the Organiser, the bank and the Payment Organisation. The Buyer does not pay it in addition. If the Buyer returns a Ticket on their own initiative (Section 12), this fee may be withheld as the Organiser's actual expense within the limits of clause 12.3. The price when paying by card is not higher than with other payment methods.

7.7. Payment security. Card details are entered only on the Payment Organisation's page and are transmitted over a secure connection (HTTPS). Payment is confirmed using 3-D Secure technology, with a one-time code or in the bank's app [if only cards with 3-D Secure are accepted, state this]. Protection of card data in accordance with the PCI DSS standard is ensured by the Payment Organisation [specify after checking with the Payment Organisation]. Neither the Website nor the Organiser receives or stores the card number, its expiry date or the CVV2/CVC2 code.

7.8. After payment, a document confirming payment [specify: electronic receipt or payment voucher] is sent to the Buyer's email.

7.9. The Offer does not limit the Buyer's right to dispute a card transaction through their bank.

8.1. The Ticket is sent to the email specified in the Order within [delivery time] after payment is confirmed [and by other means, if any].

8.2. If the Ticket has not arrived, check your spam folder. If it is not there either, write to the Organiser using the contact details in Section 16 and state the Order number or the time of payment. The Organiser will verify the payment and resend the Ticket. If the Ticket cannot be sent, the Buyer chooses either to receive a refund of the full amount paid or to receive the Ticket by another method offered by the Organiser.

8.3. The Buyer is responsible for the accuracy of the email and telephone number in the Order.

8.4. The Organiser will announce the procedure for entry and re-entry using the Code [specify: single scan, wristband or other token] when sales open. The holder of a multi-day Ticket may re-enter the Festival on all days covered by their Category.

8.5. Do not publish the Code or share it with others, including in photos on social media.

8.6. The Ticket can be shown on a phone screen or printed. The Code must be readable by the scanner.

8.7. [If Tickets are personalised: an identity document must be shown at the entrance, and a Ticket may be transferred to another person only in the manner announced by the Organiser.]

8.8. The Organiser guarantees the validity only of Tickets purchased on the Website. The Organiser is not responsible for Tickets bought second-hand, on social media or on other websites, and does not refund them.

8.9. If a Ticket is lost but has not yet been used, the Organiser will, on request, resend it to the email in the Order.

9.1. The Visitor complies with the rules of conduct posted at the venue and [to be published] on the Website, security and fire safety requirements, and the laws of the Republic of Kazakhstan.

9.2. Age restrictions: [age restrictions]. Children under [age] are admitted only when accompanied by a legal representative. [Specify: whether children need a Ticket.] The adults accompanying minors are responsible for them.

9.3. Documents: [which document must be carried, if one is required].

9.4. At the entrance, the Visitor presents the Ticket and undergoes a security check in the manner established by law.

9.5. It is prohibited to bring onto the Festival grounds alcoholic products, products in glass and metal containers, pyrotechnics and other items dangerous to human life and health (Article 11 of the Law of the Republic of Kazakhstan “On Culture”). The following are also prohibited: [additional list of prohibited items]. [Specify: how these rules apply in the camping area.]

9.6. The Organiser may refuse a Visitor entry to the Festival or remove a Visitor from the grounds in the following cases:

the Visitor is in a state of severe alcoholic, narcotic or toxic intoxication;

the Visitor behaves aggressively;

the Visitor threatens the safety of people or property;

the Visitor grossly violates the rules of conduct posted under clause 9.1;

the Visitor presents an already redeemed Code without the [wristband or other token] issued under clause 8.4, or a counterfeit Code.

In these cases, the contract with respect to that Visitor is terminated through the Visitor's fault. At the Buyer's request made in accordance with clause 11.7, the cost of the unused part of the Ticket is refunded less the Organiser's actual expenses (Article 686 of the Civil Code), but the amount withheld may not exceed 30% of the Ticket price (Article 8-1 of the Law of the Republic of Kazakhstan “On Protection of Consumer Rights”). If the Code is counterfeit, the Ticket was not sold by the Organiser and no refund is made.

9.7. The banya, jeep clubs, ethnic games and other activities are conducted under rules announced on site. Participation in them is voluntary. [Age and medical restrictions, if any.]

9.8. Photo and video recording [specify: whether it takes place at the Festival; agree the terms with a lawyer]. If recording takes place, the Organiser publishes images in which a Visitor is recognisable and is the main subject on the Website, on social media and in advertising only with the Visitor's consent: a separate box in the Order that is not pre-ticked, or written consent given on site. Images of children are published only with the consent of a legal representative. Upon a request sent to [email], the Organiser removes or blurs the Visitor's image on its resources within [no more than 15 business days] (paragraph 7 of Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”). Signs at the entrance give notice of the recording.

9.9. The Organiser states in the Festival programme on the Website whether pre-recorded soundtracks are used in performances.

9.10. The Visitor is responsible for their own belongings. The Organiser is liable for their loss or damage only if it is at fault. [Left-luggage facility, if any.]

10.1. On the Festival grounds, the Organiser provides places for Accommodation in tents and camper vans.

10.2. The Organiser will announce the Accommodation terms when sales open: [accommodation terms]. It will state whether Accommodation is included in the Category or paid for separately, how much it costs, where the zones are located, what the Organiser provides and what the Visitor needs to bring, as well as check-in and check-out times. From the moment of publication, these terms form part of the Offer.

10.3. The Visitor complies with camping rules, fire safety and sanitary requirements. A tent or camper van may be set up only in designated areas. [Rules on lighting fires, quiet hours, if any.]

10.4. Money paid for Accommodation is refunded under the rules of Sections 11 and 12.

11.1. The Organiser gives notice of changes on the Website, on Instagram @dayinn.fest, and by email or telephone as specified in the Order.

11.2. If the exact venue had not been announced at the time of purchase, the Buyer may, within 14 calendar days from the day it is announced (clause 11.1), return the Ticket and receive the full amount paid without deductions in accordance with clause 11.7.

11.3. The Organiser may change the schedule and replace individual programme participants. This is not a cancellation of the Festival. The following are considered material changes: a reduction in the number of Festival days; the removal of a service included in the Ticket Category (including Accommodation); the cancellation of a performance by [the headliners stated on the Category page at the time of purchase]. In the event of a material change, the Buyer may, within [specify: at least 14] calendar days of the notice under clause 11.1, return the Ticket and receive the full amount paid without deductions (clause 11.7). If the venue is moved outside Almaty Region, clause 11.4 applies.

11.4. Postponement. If the Festival is moved to other dates or another venue (including under clause 11.3), the Ticket remains valid on the new terms. If the new dates or the new venue do not suit the Buyer, the Buyer may return the Ticket and receive the full amount paid without deductions. To do so, an application must be submitted within [period after notice of postponement].

11.5. Cancellation. If the Festival is cancelled on the Organiser's initiative or for any other reason except force majeure, the Organiser refunds the Buyer the full amount paid without deductions, including money paid for Accommodation. If the Festival is cancelled due to force majeure (clause 13.6): [specify: full refund / refund less expenses actually incurred (paragraph 3 of Article 685 of the Civil Code) within the limits of Article 8-1 of the Law of the Republic of Kazakhstan “On Protection of Consumer Rights”]. [Specify: whether the refund is automatic or made upon application.]

11.6. If the Festival did not take place on all of the announced days, the Buyer receives a refund of the cost of the days not held. It equals the Ticket price divided by the number of days for which the Ticket is valid, multiplied by the number of days not held. In addition, the cost of Accommodation for nights that were not provided is refunded. No deductions apply; the refund is made in accordance with clause 11.7.

11.7. Refund procedure. An application must be sent to [email] or via the contact details in Section 16, stating the Order number. Money is refunded to the person who placed the Order, to the card or account from which payment was made. The Organiser processes the refund within [refund processing time], and the time needed for the funds to be credited depends on the Buyer's bank [crediting time]. If a refund to that card is impossible (the card is closed or blocked), the money is transferred to the Buyer's bank account upon the Buyer's written application stating the account details, within [period]. After the refund, the Ticket is cancelled.

12.1. The Buyer may withdraw from the Ticket before the Festival begins. In doing so, the Buyer reimburses the Organiser for the expenses it has actually incurred (Article 686 of the Civil Code).

12.2. An application for a refund must be submitted by [application deadline] in accordance with clause 11.7.

12.3. Upon return, [amount withheld, if any] is withheld. The amount withheld may not exceed the Organiser's actual expenses (for example, the fees for the payment and its refund) or 30% of the Ticket price (Article 8-1 of the Law of the Republic of Kazakhstan “On Protection of Consumer Rights”). The remaining amount is refunded to the Buyer.

12.4. Applications submitted after [application deadline] but before the Festival begins are also accepted. In this case, the Organiser's actual expenses are withheld, but not more than 30% of the Ticket price.

12.5. If the Ticket Code has already been scanned at the entrance, the Ticket cannot be returned or exchanged. This rule does not limit refunds under Section 11 (change, postponement or cancellation of the Festival, or the Festival not taking place on all days) or under clause 9.6.

12.6. [Specify: whether a Ticket can be exchanged for another Category or reissued to another Visitor, and on what terms.]

13.1. The parties are liable for non-performance of the contract in accordance with the laws of the Republic of Kazakhstan.

13.2. The Organiser is responsible for ensuring that the Festival takes place on the announced terms and for safety in accordance with the law.

13.3. The Organiser is not liable for the consequences of:

incorrect contact details provided by the Buyer;

transfer or publication of the Code through the fault of the Buyer or the Visitor;

purchase of Tickets other than on the Website;

failures in the operation of banks, payment systems and telecom operators that are beyond the Organiser's control.

13.4. The Visitor is liable for damage caused to the property of the Organiser, other Visitors and third parties. The adults accompanying children are liable for the children's actions.

13.5. This Section does not limit the Buyer's rights as a consumer. Nor does it limit the Organiser's liability for harm to the life, health or property of a Visitor caused through the Organiser's fault, or for intentional breach of obligations.

13.6. The parties are not liable for non-performance if it has become impossible due to force majeure, that is, extraordinary circumstances that could not have been prevented (Article 359 of the Civil Code). These include natural phenomena (including hazardous weather conditions), military operations, a state of emergency, epidemics and prohibitions imposed by government authorities. A lack of funds, or of necessary goods or services, on the part of the Organiser does not constitute such circumstances.

13.7. The Festival takes place in the open air. Weather that does not threaten people's safety is not a ground for cancelling the Festival or for a refund without deductions. The Buyer's right to return a Ticket under Section 12 is nevertheless retained.

13.8. The Organiser gives notice of force majeure as soon as possible by the means set out in clause 11.1. If the Festival is postponed or cancelled because of it, clauses 11.4–11.7 apply. The refund is made under clause 11.5.

14.1. The Organiser processes the personal data of Users and Buyers in accordance with the Law of the Republic of Kazakhstan “On Personal Data and Their Protection” and the Policy [link to the Policy]. On matters of personal data, the Policy takes precedence over the Offer.

14.2. Consent to data processing is given separately, by ticking a box in the Application or Order form. This box is not pre-ticked.

14.3. To process the payment, the Organiser transfers to the Payment Organisation the Order data needed for the payment. The Buyer enters the card details personally on the Payment Organisation's page; the Organiser does not receive them.

14.4. Where the data are stored, whether they are transferred abroad, how long they are kept and how to withdraw consent are set out in the Policy.

14.5. The Organiser sends notifications about the status of the Order and about postponement or cancellation of the Festival to the email and telephone number given in the Order or Application. Marketing messages are sent only with separate consent, and you may unsubscribe from them at any time.

15.1. A claim may be sent to [email] or by letter to [actual address]. State the Order number and the substance of the claim, and attach proof of payment and any correspondence.

15.2. If the Organiser disagrees with the claim, it sends a reasoned written response within 10 calendar days from the day the claim is received (Article 42-4 of the Law of the Republic of Kazakhstan “On Protection of Consumer Rights”).

15.3. The Buyer may also apply to the authorised body for consumer rights protection, the Committee for Consumer Rights Protection of the Ministry of Trade and Integration of the Republic of Kazakhstan, https://www.gov.kz/memleket/entities/mti-kzpp?lang=ru, to entities for the pre-trial settlement of consumer disputes [specify: name and link], or to a court.

15.4. The contract is governed by the law of the Republic of Kazakhstan. Disputes are heard by the court at the Organiser's location [court or city]. The Buyer, as a consumer, may also bring a claim at their place of residence or at the place where the contract was concluded or performed (paragraph 9 of Article 30 of the Civil Procedure Code of the Republic of Kazakhstan).

Organiser: [organiser's name]

[For an individual entrepreneur: full name and state registration details]

BIN/IIN: [BIN/IIN]

Registered address: [registered address]

Actual and postal address for correspondence: [actual address]

Country: Republic of Kazakhstan

Bank details: [bank details]

Email: [email]

Phone, WhatsApp, Telegram: +7 707 906 90 61

Instagram: @dayinn.fest

Website: [website address]

Hours for enquiries: [working hours]

Contact person: Sultan Imanbek, founder and producer of the Festival