Public offer

1. General provisions

This document is a public offer under Article 395 of the Civil Code of the Republic of Kazakhstan: JoldarCom LLP (the “Provider”) offers any individual with legal capacity (the “User”) to conclude a contract for the provision of platform services on these terms.

Acceptance of the offer means the User’s full and unconditional agreement to all terms of this contract. From the moment of acceptance, the contract is deemed concluded in writing.

The following form an integral part of this offer: the Terms of use, the Policies, the Privacy policy and the Insurance & protection page. In case of any conflict between them in relations between the Provider and the User, this offer prevails, then the Terms of use, then the Policies.

On rental matters between the Host and the renter, the rental contract made for the booking prevails over the Policies and the listing, but it does not change the Provider’s role, fees or liability. Mandatory provisions of law prevail over all documents.

2. Parties

Provider

JoldarCom LLP, BIN 261140002202, 280 Baizakov St, Almaty, Republic of Kazakhstan.

User

An individual over 18 registered on the platform: a car host (Host) or a renter.

Rental contract between the Host and the renter

Not the subject of this offer. It is concluded separately between Users; the Provider is not a party to it, not the lessor, not a carrier and not an insurer, and acts only as the Host’s settlement agent.

3. Acceptance procedure

• The User enters their phone number on the platform.
• The User confirms that they have read this offer, the Terms of use and the Privacy policy.
• The User enters the SMS code sent to their phone. Entering the SMS code constitutes full acceptance of the offer and is the equivalent of the User’s signature.
• The date and time of acceptance, the phone number and the offer version are recorded in the Provider’s system and are used as evidence in a dispute.

4. Subject of the contract

The Provider gives the User access to the platform and provides the following services:

• publishing, moderating and searching car listings;
• tools for processing bookings and concluding rental contracts electronically between the Host and the renter;
• on the Host’s instructions (which the Host gives by accepting this offer), accepting the rent from the renter on the Host’s behalf, holding the deposit and transferring the money to the Host; a renter’s payment through the Provider counts as payment to the Host, and card transactions are processed by a licensed bank or payment institution;
• the check-in and check-out photo report and trip documentation;
• offering the renter a protection plan and working with the insurer;
• pre-trial review of disputes between Users;
• customer support.

5. Service fees and payment procedure

For the renter

Service fee: 10% of the rental price of each booking, or 5% when renting again from the same Host (an incentive, not a right; the Provider may change the fee for future bookings). It is charged to the card together with the booking amount on the schedule set by the Policies: 3 days before the trip starts; for a trip that starts sooner, when the booking is confirmed; for a trip of 14 days or more, weekly. If a trip priced with a length discount ends early, the service fee changes with the re-priced rental.

For the Host

Platform fee: 30%, 20% or 10% of the rental price (under the 70%, 80% or 90% earnings plan, respectively). It is deducted from the amount paid out to the Host. Only amounts actually collected from the renter are paid out to the Host; the Provider does not guarantee the renter’s payment.

Set-off

The Provider deducts from the amount paid out to the Host its fee, the Host’s penalties (cancellation, no-show, invalid claim) and any amounts due back to the renter.

Protection plan

Basic 0 ₸, Standard 3 500 ₸, Premium 6 000 ₸ per day; chosen by the renter when booking.

Payment currency

Kazakhstan tenge.

Refunds

In case of cancellation, the service fee is refunded in accordance with the Policies; an amount not charged yet is not charged. A refund made more than 14 days after the charge is sent to the same card as a payout, and the Provider pays the payout fee. On an early return, weeks that have started are not refunded; later weeks follow the Policies.

Late payment

If the trip charge is declined, the renter pays in the app no later than 12 hours before the trip starts (within 1 hour if the charge is declined later); otherwise the booking is cancelled automatically as a cancellation by the renter, and the 24-hour rule of the Policies applies. While a cancellation fee, an invoice or a fine is unpaid, a trip payment is overdue or a deposit hold could not be renewed, new bookings and extensions are closed; a trip under way is not stopped.

Prices are published on this page. Price changes do not apply to bookings confirmed before the change is published.

6. Rights and obligations of the Provider

• Strive to keep the platform running without interruption; give advance notice of scheduled maintenance.
• Protect Users’ personal data in accordance with the law.
• Arrange payouts and refunds within the periods set out in the Policies.
• Review disputes within the set periods and make reasoned decisions.
• Refuse to publish a listing, stop a booking or suspend an account if the contract or the Policies are breached; hold the Host’s payout up to the disputed amount while a case is reviewed.
• Require the User to provide additional confirmation of their identity and documents.
• Moderate the chat automatically for safety and fraud prevention: mask contact details and flag mentions of off-platform payment (flags are reviewed by the Provider’s staff). Phone numbers are shown only from 24 hours before the trip starts until 24 hours after it ends.

7. Rights and obligations of the User

• Use the platform’s services in accordance with this contract, and contact support.
• Provide true and up-to-date information and pass KYC verification.
• Pay the service fee and the payments provided for in the Policies on time.
• Follow the Policies and the Terms of use; do not settle payments outside the platform and do not rent a car found on Joldar outside the platform, including a repeat rental from the same person. The first confirmed violation results in a written warning, the second in account suspension (no new bookings, listings hidden; trips already under way can be finished).
• Withdraw from the contract at any time by closing the account, after fulfilling any outstanding obligations.

8. Liability of the parties

The parties are liable for non-performance or improper performance of their obligations under this contract in accordance with the laws of the Republic of Kazakhstan.

The Provider is not liable for the performance of the rental contract between the Host and the renter, for the condition of the car or for Users’ actions. Losses compensated by the Provider are limited to actual damage and do not exceed the fee received for the booking in question; this limit does not apply to an intentional breach or where the law, including consumer protection law, does not allow it.

A User who breaches this contract, the Policies or a rental contract compensates the Provider for the losses caused by the breach: amounts paid on claims of third parties and government authorities, fines, and collection and legal costs.

Force majeure releases the parties from liability for temporary non-performance of their obligations.

9. Term, amendment and termination of the contract

The contract takes effect from the moment of acceptance and remains in force indefinitely.

The Provider may change the offer unilaterally; the new version is published on this page, and Users are notified at least 10 days before it takes effect. If the User disagrees with the new version, they may terminate the contract by closing their account.

The contract terminates when the account is closed, or when the Provider closes the account on the grounds set out in the Terms of use. Payment obligations that arose before termination remain in force.

10. Dispute resolution

Disputes are first resolved through negotiation. Complaints are sent to support@joldar.com or through the app; the Provider replies within 15 business days.

If no agreement is reached, the dispute is heard by the courts of Almaty in accordance with the laws of the Republic of Kazakhstan. This provision does not limit a consumer’s statutory right to choose jurisdiction.

11. Provider details

Name

JoldarCom Limited Liability Partnership (the Joldar brand)

BIN

261140002202

Address

280 Baizakov St, Almaty

Director

Meirzhan Auelkhanuly

Email

support@joldar.com

Phone

+7 778 976 8924

Website

joldar.com