Terms and Conditions
1.1. Parties to this Agreement
Israel My Way Ltd. (including its owners, directors and employees; hereinafter referred to as "IMW"), acting as tour operator of the Trip on one hand; and "Passenger" - traveler who has completed his/her "Booking" of the "Trip" as described in this "Agreement" by himself/herself and/or by others including “Group Representative” and/or by a "Travel Agent" (hereinafter: "IMW", "Passenger", "Passengers", "Parties", "Party", “group”, “group representative” "Booking" "Trip", "Agreement" "Travel Agent").
A tour package provided to Passenger by IMW during a specified period of time. Trip starts and ends as reserved by Passengers from IMW according to the Final Itinerary. The Trip may include Israel and / or any other destinations provided by IMW (the term “Israel” in this Agreement shall also apply to other destinations included in the Trip).
This entire contract, including all clauses and the signed referenced Final Itinerary.
1.4. Draft Itinerary
Earlier version(s) of the Final Itinerary, prior to the Parties reaching an agreed upon version.
1.5. Final Itinerary
The itinerary that has been agreed upon for the Trip by the Parties as described in section 2.1 below prior to signing this Agreement and paying the deposit as specified in sections 2.2.2 and 2.2.3 hereunder.
Passenger(s) traveling together at one Trip, including pre and post extensions (2.5)
It is hereby stated that when minors or individuals under care travel with a guardian, it is the guardian’s responsibility to apply this Agreement to their respective individual under care.
1.7. Group representative
A person, persons or individual(s) acting on behalf of the Group, or an authorized individual by an institution who works with IMW throughout the process of creating the Final Itinerary for the Group, and/or the person(s) signed on this Agreement, and/or the person leading the Group during the Trip. Any request, massage, announcement or demand communicated to IMW by the Representative, shall be considered as representing the desire of the Group, and the Group will be bound by such communication, and vice-versa. Hereinafter: Group Representative, or Representative
A finalized reservation of a Trip for a Group or a Passenger, after fulfilling the requirements set forth in section 2.2 below.
1.9. Travel agent
A trained professional in the travel industry with whom the Passenger made contact in order to put the Trip together, and who connected the Passenger with IMW.
If this Agreement is undersigned by the Travel Agent, the Travel Agent hereby declares that he / she was authorized by the Passenger or the Group to do so, and it is the responsibility of the Travel Agent to bring the requirements of this Agreement to the Passenger’s attention.
1.10. Total Price
The total sum representing the price of the Trip at time of Booking or commencing the Trip, or the end of the Trip, as applicable, including changes.
1.11. Planning Fee
During the course of planning the itinerary, one or more versions of the Draft Itinerary will be provided to Passenger(s) by IMW. After the first Draft Itinerary was sent by IMW and the Passenger’s feedback had been received – IMW may choose to charge a $250 Planning Fee before sending out the second Draft Itinerary. This Fee is non-refundable under any circumstances; however, it will become part of the Total Price of the Trip and does not form an additional cost.
2.1. Creating an Itinerary
After making the first contact between the Parties, and upon Passenger, Travel Agent or Group Representative request, IMW will propose a draft Itinerary. The draft will reflect the Passenger’s or Group's requirements as well as IMW's knowledge and expertise. The parties shall work together on the draft(s) until they reach a priced Final Itinerary. Due to the nature of IMW's Trips, changes and/or modifications to the Final Itinerary may be implemented by mutual agreement of the Parties.
Booking a Trip is considered completed by IMW when all of the following conditions are fulfilled:
2.2.1. Passenger's / Representative’s / Travel Agent’s confirmation to the Final Itinerary has been received at IMW; and
2.2.2. fully signed copy of This Agreement by the Passenger, the Representative or the Travel Agent has been received at IMW; and
2.2.3. A deposit, as set forth by IMW, has been paid by the Passenger to IMW, and receipt confirmed by IMW.
2.2.4. In the event that some of the Passengers have not completed sections 2.2.2 and 2.2.3 as described above, IMW shall not commence actions related to their respective services as part of the Trip, until Booking is complete.
2.2.5. It is the Representative’s and / or the Travel Agent’s responsibility, to ensure that all Passengers are aware of this Agreement and their contractual commitments, and IMW sees the Representative’s or Travel Agent’s signature on this Agreement as if signed by each and all of the Passengers participating the Trip.
2.3. Payment Procedures
2.3.1. The Deposit shall be paid immediately after the Parties agreed on Final Itinerary.
2.3.2. The remainder of the payment (i.e. – the Total Price, less the paid Deposit amount) should be paid no later than 60 days before the Trip is commenced. If the itinerary has been finalized less than 60 days before Trip commences, immediate full payment equal to the Total Price will be required. IMW reserves the right to cancel a Group's or a Passenger's Booking if they fail to fulfill any of these payment requirements (including deposit), and to use the deposit to cover the cancellation charges.
2.3.3. Change Fee: Voluntary changes made by the Passenger after the itinerary has been finalized, will be subject to a $ 100 Change Fee (per single change) in addition to any costs incurred by the changes.
2.4. Transfer of Booking
If a Passenger is prevented from or does not wish to participate in a Trip after Booking is made, he/she may transfer his/her Booking to another person (hereinafter: the "New Passenger"). In such case, the Passenger shall immediately notify IMW of the transfer, and the New Passenger must immediately send a signed copy of this Agreement, as stipulated in section 2.2.2 above.
2.5. Pre and Post Trip extension
Passengers wishing to make reservations for pre- and / or post-Trip extensions through IMW are welcome to do so. All terms and conditions in this Agreement shall apply for such reservation, as applicable.
3. CANCELLATION AND CHANGES PROCEDURES
A Passenger/Passengers wishing to cancel or change his/her/their Booking, must notify IMW in writing immediately.
3.2. Charges and Cancellation Fees
3.2.1. The following cancellation fees shall apply:
60 + days before arrival - Deposit only
59 - 31 days before arrival - 50% of Total Price
30 - 15 days before arrival - 75% of Total Price
14 - 0 days before arrival - 100% of Total Price
3.2.2. No refund will be made for any unused services including but not limited to flights, accommodations, sightseeing, outdoor activities, meals and/or transportation.
3.2.3. No refunds will be paid if a Passenger leaves a Trip before completion or joins a Trip after commencement.
3.2.4. In the event the cancellation of the Trip is the result of Force Majeure (either in Israel or at the Passenger's country, taking place no more than 30 days prior to the Trip’s start-date) such as government actions, natural disaster, inclement weather, pandemic, terrorism, war, civil disturbance, strikes or any other extreme circumstances that prevent the fulfillment of the Trip – Passengers will be free to choose between the following 2 alternative options: a) postponing the Trip and hold it at any chosen time within 18 months of its original start-date (in which case all payments made to IMW so far by Passengers shall apply to this future Trip), or; b) be refunded the payments made to IMW so far, after deducting IMW's Administration Fee of 5% of the Total Price or $500 – whichever is higher.
3.2.5. Planning Fee, as stipulated in section 1.11 above, is non-refundable under any circumstances.
4. PARTICIPATION CONDITIONS
The nature of Trips by IMW is one that allows a substantial degree of on or before Trip flexibility. Therefore, the Final Itinerary should be taken as an indication of the best-known plan at time of preparing the Trip. Changes to Final Itinerary can be made due to Israeli local political or security conditions, strikes, weather conditions, availability of ground service providers or key individuals, or other unforeseeable circumstances, including cancellation of services provided by others. Unless IMW is able to provide a proper substitute to such service, a refund to the Passenger at the cost of the said service will be made by IMW. No refund will be made due to inconvenience, discomfort, or disappointment resulted from such changes.
4.2. Behavior and Compliance with Regulations
To ensure safe and enjoyable Trip to all Passengers, each Passenger must abide by the authority of the Trip leader (i.e. the tour guide, or anyone else assigned by IMW). The Trip leader may terminate or suspend the participation of any Passenger who commits any illegal act, behaves in a manner causing or likely to cause danger, distress or annoyance to other persons, does not feel well or becomes ill or might infect other Passengers, or required to be quarantined. These behavioral standards apply also to specific rules, health requirements and regulations authorized by any public authority or private property, regarding any aspect of the Passengers’ stay during the Trip. Termination or suspension under this clause will not create any liability on IMW part, and no refund will be paid. Under no circumstances, will IMW be liable in any manner for any behavior of Passengers, including, without limitation, for any loss or damage of any kind incurred by Passengers as a result of such behavior.
Booking is made on the understanding that Passengers are in good health and that the physical and mental demands of the Trip are within their capacity. If a Passenger is affected by any condition, medical or otherwise, that might affect their or other Passenger's enjoyment of the Trip or its ability to participate in the activities planned, they must advise IMW or the Trip leader of this, at the time of Booking or the earliest time that they are aware and affected by this condition, before or during the Trip. IMW reserves the right to request doctor's certificate stating Passenger's medical conditions and their fitness to participate the Trip. By signing this Agreement, Passengers hereby authorize any possible medical treatment reasonably necessary for any injury which they incur while participating in this Trip.
If the Passenger is prevented or limited, due to health reasons, both physically and mentally (e.g., allergies, sensitivities, etc.), from engaging or being exposed to certain foods, materials, conditions or activities, he/she is responsible to acknowledge IMW and provide the detailed written instructions regarding such condition or other needs, at the earliest time the Passenger is aware if this limitation.
It is in the sole discretion of IMW, based on its knowledge and expertise to decide whether the Passenger will be able to participate the Trip or certain activities.
While IMW will share such allergies or conditions with its relevant vendors and activity providers, it is the Passenger’s sole responsibility to carry and have handy the applicable medications they may need, and to notify any activity provider, before the activity begins, about their allergies or special conditions.
When it comes to food allergies, it is the Passenger’s sole responsibility (or the guardian in case of a minor or individual under care) to verify with the person in charge of food preparation that the food meets their needs and restrictions prior to each meal.
The Passenger is aware that IMW is not responsible under any conditions for physical or mental reactions or any consequences due to any kind of allergies, food, health condition or otherwise.
Covid-19 related health restrictions and protocols: it is both IMW’s and the Passenger’s responsibility to comply with all Covid-19 related regulations, restrictions and protocols during the Trip. Under no circumstances shall IMW assume any responsibility of the Passenger’s being infected by the virus, or being required to quarantine for any reason before, during, or after the Trip (including a guardian in the case of a minor or individuals under care), and no refund and / or compensation will be made.
IMW will make its best efforts to provide the highest hygiene environment to its Passengers and shall comply with applicable Governmental instructions.
Nevertheless, neither IMW, the Trip leader nor any of IMW’s subcontractors, will be liable for any infection of any sort of virus, disease, or illness.
4.5. Joining the Group
Should a Passenger fail to meet the Group at the appointed time or place instructed by the Trip leader during the Trip, he/she will be responsible for any additional expenses incurred by such failure. The Group will not wait for late Passengers.
IMW requests that any complaint related to the Trip will be brought to the attention of the Trip leader or IMW as early as possible, so that it can be handled properly and immediately.
IMW will make its best efforts to resolve any problem, inconveniency or dissatisfaction.
4.7. Approvals and Statements
IMW reserves the right to require certifications, approvals or statements from Passengers if so needed to meet IMW’s or its subcontractors’ requirements.
4.8. Passports and Visas
Passengers must be in possession of a passport valid for at least 6 months beyond the end of the Trip, upon Trip commencement. Passengers are also responsible for obtaining any visas, entry and exit permits or vaccination certificates necessary for the Trip, as applicable.
5. RISK AND INSURANCE
5.1. Insurance Policy
By signing this Agreement, Passenger acknowledges that he/she understands and accepts the risks involved in the Trip, as in any trip, including possible injury, illness, loss or damage to property, inconvenience and discomfort. After Booking, it is the Passenger's responsibility to have a valid insurance policy, which includes, but not limited to, adequate cover for trip cancellation coverage, luggage, personal accidents, medical treatment and expenses, helicopter rescue, evacuation and air ambulance services and the cost of repatriation if Passenger becomes too ill to continue.
It is hereby stated that neither the Kingdom of Jordan, nor the Palestinian Authority, apply the compulsory insurance for vehicle and car accidents in their respective territories. It is therefore Passengers’ responsibility to ensure they possess adequate Travelers’ Insurance covering such cases.
IMW shall not be liable, in any event, if Passenger wishes to travel without adequate or no insurance coverage. Such decision shall be at the Passenger’ own risk, and by doing so – the Passenger indemnifies IMW and its subcontractors of all liabilities arising out of such Trip, for any expenses, losses or claims, which might be incurred due to inadequacy or lack of sufficient insurance purchased by the Passenger.
6. LIMITATION OF LIABILITY
Under no circumstances shall IMW be liable for the services provided by third party providers. The services are provided on “as available” basis. Passengers acknowledge and agree to waive and hold IMW harmless for any and all claims, damages (including special and consequential damages), costs, expenses, proprietary or personal injury (including death), or any other compensation of any kind whatsoever against IMW, that arise directly or indirectly with respect to Passengers.
IMW assumes no responsibility for any inconvenience or damage caused to Passenger due to his/her failure to comply with airlines or local laws or regulations, and the orders of this Agreement. No liability for loss, damage or expenses will be assumed by IMW where it is the Passenger's fault, or due to the actions of a third party, or due to unusual or unforeseeable circumstances or events which IMW, it's representatives or vendors could not have anticipated or prevent with reasonable care.
6.2. Third Party Liability
By signing this Agreement, Passenger acknowledges that neither IMW nor its owners, directors and employees shall be liable or responsible for any negligent or willful act or failure to act of any third party, such as operators of aircraft, trains, motor-coaches, private cars, rentals, boats, ships or any other conveyance, hotels, restaurants, tour guides, sightseeing excursions, local ground handling, outdoor activity organizers etc. supplying any goods or services to the Trip. While IMW endeavors to use service providers with acceptable standards, it neither owns nor operates such third-party suppliers and is not the actual provider of these services.
Passenger agrees to seek remedies directly and only against those third parties and not hold IMW responsible for their acts or omissions. IMW is not responsible for any negligent or willful acts of others or for acts of God or Force Majeure, weather emergencies, breakdown, or failure of mechanical equipment, government actions, natural disaster, pandemic, inclement weather, sickness, attacks by animals, availability of medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels or other accommodations, any problems or injuries whatsoever arising from Passenger's consumption of alcoholic beverages or illegal drugs or for any other reason beyond the reasonable control of IMW.
IMW takes all reasonable measures to ensure that the vendors of services provided on the Trip are of an acceptable standard. However, and notwithstanding the above, the overall liability to Passengers by IMW is limited to the Total Price.
7. GOVERNING LAW AND MEDIATION
Any dispute referring to this Agreement which the Parties fail to resolve, shall be directed to a mediator acceptable to both Parties, based in Haifa, Israel. In case of failure by the Parties to reach an agreement on the identity of such mediator, the Chairman of the Israeli Bar Association in the Haifa District shall nominate one. The place of mediation will be Haifa, Israel, and it will be conducted according to the common practice of mediation in the State of Israel. The mediator's fee shall be borne equally by the Parties.
Should the Parties fail to reach a commonly accepted settlement under the abovementioned mediation, they are free to seek remedy from the Court of Law, as governed by the laws of the State of Israel. In any case of a legal dispute, the sole jurisdiction shall lie within the competent courts in the city of Haifa, Israel.
Photos of Passengers and/or Group taken during the Trip may be used by IMW with no limitations in all media for promotional or marketing purposes.
8.2. Passenger's Details
It is hereby stated that if necessary, for the purposes of rendering services to Passengers, IMW may pass Passenger's details to any third party connected with the operation of the Trip. This includes, but not limited to, airlines and hotels.
This Agreement may only be waived or amended by written mutual consent.
9. ACCEPTANCE OF THIS AGREEMENT
By signing this Agreement, Passenger states that he/she read and understood this Agreement and agrees to accept and be legally bound by this Agreement, with no exceptions.