Terms and Conditions
1.1. Parties to this Agreement
Israel-My-Way Ltd. (hereinafter referred to as "IMW"), acting as tour operator of the Trip; and "Passenger" - traveler who has completed his/her "Booking" of the "Trip" as described in this "Agreement" by himself/herself and/or others (hereinafter: "IMW", "Passenger", "Passengers", "Parties", "Party", "Trip", "Agreement").
A tour package, provided to Passengers by IMW during a specified period of time. Trip starts and ends as reserved by Passengers from IMW according to the Final Itinerary.
This entire contract, including all clauses and the signed referenced Final Itinerary.
1.4. Final Itinerary
The itinerary that has been agreed upon for the Trip by the Parties prior to its commencement, as described in section 2.1 below.
1.5. Draft Itinerary
Earlier version(s) of the Final Itinerary, prior to the Parties reaching an agreed upon version.
Passengers traveling together at one Trip.
A finalized reservation of a Trip for a Group or a Passenger, after fulfilling the requirements set forth in section 2.2 below.
1.8. Total Price
The total sum representing the price of the Trip at time of Booking or commencing the Trip, as applicable.
2.1. Creating an Itinerary
After making the first contact between the Parties, and upon Passenger or Group's request, IMW will propose to the Passenger or the representative of the Group, as applicable, a draft Itinerary.The draft will reflect the 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 tours, it is hereby stated that the Final Itinerary may include activities defined as "surprise", which will naturally not be specified to the Group or the Passenger (unless otherwise requested by the Group or the Passenger). IMW shall plan and execute such surprises in the same spirit as the rest of the Final Itinerary. Changes and/or modifications to the Final Itinerary may be implemented by mutual written 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 confirmation to the Final Itinerary has been received at IMW; and
2.2.2 A signed copy of This Agreement has been received at IMW, by either: mail, e-mail, fax or through the web-site (www.israelmyway.co.il) by hitting "I accept" and filling-in the required details; and
2.2.3 A deposit of 25% of the Total Price has been paid to, and confirmed by IMW. Payment of deposit can be made also by alternative currencies acceptable to IMW, at the known currency exchange rate at time of payment (hereinafter: "Deposit"); and
2.2.4 IMW confirmed that Booking had been completed.
2.3. Payment Procedures
2.3.1 The Deposit shall be paid immediately after the Parties agreed on Final Itinerary.
2.3.2 Theremainder 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 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 Payment can be made by credit card (Visa, Diners or Mastercard) or wire transfer.
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. A transfer fee of $50 will be required. Additional costs such as airline tickets surcharge and permit fees may also be required, if IMW is obliged to pay such fees to exercise the transfer.
2.5. Pre and Post Trip Accommodations
Passengers wishing to make reservations for pre- and post-Trip accommodation through IMW are welcome to do so. All terms and conditions in this Agreement shall apply for such reservation, as applicable. If a Passenger cancels or changes his/her accommodation, any non-refundable costs shall be borne solely by the Passenger.
3. CANCELLATION AND CHANGES PROCEDURES
A Passenger wishing to cancel or change his/her 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 departure - Deposit only
59 - 31 days before departure - 50% of Total Price
30 - 15 days before departure - 75% of Total Price
14 - 0 days before departure - 100% of Total Price
3.2.2 No refund will be made if the cancellation of the Trip is the result of Force Majeure (either in Israel or at the Passenger's country), such as government actions, inclement weather, terrorism, war, civil disturbance, strikes or any other extreme circumstances that prevent the fulfillment of the Trip. Nevertheless, if IMW succeeds in avoiding any payments to ground service providers on behalf of the Passenger - such reimbursement shall be passed to Passenger, after deducting IMW's planning and operating fee of 15%.
3.2.3 No refund will be made to any unused services including but not limited to flights, accommodations, sightseeing, outdoor activities, meals and/or transportation.
3.2.4 If Passenger fails to pay the balance of payment when such payments are due, IMW reserves the right to terminate Passenger's Booking, charge his/her Deposit, and seek full compensation.
3.2.5 In case Passenger requests to implement changes in Final Itinerary and such changes lead to additional fees or charges of any kind by service providers – IMW will make its best efforts to reduce such fees and charges, but the final amount shall be entirely borne by Passenger.
3.2.6 No refunds will be paid if a Passenger leaves a Trip before completion or joins a Trip after commencement.
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 local political or security conditions, flight cancellations or changes, strikes, weather, sickness, availability of ground service providers or key individuals, or other unforeseeable circumstances, including cancellation of services provided by others. No refunds will be made due to such changes, ordue to inconvenience, discomfort, or disappointment for such reasons.
4.2. Behavior and Compliance with Regulations
To ensure safe and enjoyable Trip to all Group members, each Passenger must abide by the authority of the Trip leader (i.e. the guide). 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, or becomes ill and might infect other Passengers. These behavioral standards apply also to specific rules and regulations of any services forming part of the Trip, such as airlines, hotels, museums etc. Termination or suspension under this clause will not create any liability on IMW part, and no refund will be paid.
Booking is made on the understanding that Passengers are in good health and that the physical demands of the Trip are within their capacity.If a Passenger is affected by any condition, medical or otherwise, that might affect his/her or other Passenger's enjoyment of the Trip or its ability to participate in the activities planned, he/she must advise IMW or the Trip leader of this at the time of Booking or during the Trip, as applicable. IMW reserves the right to request doctor's certificate stating Passenger's medical conditions and his/her fitness to participate the Trip. By signing this Agreement, Passenger hereby authorizes any possible medical treatment reasonably necessary for any injury which he/she incurs while participating in this Trip.
If the passenger is prevented, due to health reasons (e.g., allergies), from coming into contact with different food products, he should deliver to IMW written instructions regarding his nutritional needs. IMW will pass these instructions to all suppliers. In addition, the passenger is responsible to verify the food meets his/her needs with the person in charge of food preparation prior to each meal. If the passenger is a minor, his guardian is responsible for verifying the food meets his/her dietary needs.
The passenger is aware that IMW is not responsible under any conditions for reactions due to any kind of allergies, food or otherwise.
4.4. 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 as early as possible, so that it can be handled immediately. If the Passenger is not satisfied by the response of the Trip Leader, he/she is kindly requested to make contact with IMW's head operation office at:
077-3005717 (while calling within Israel), or:
IMW will make its best efforts to resolve any problem, inconvenience or dissatisfaction.
4.6. Approvals and Statements
IMW reserves the right to require certifications,approvals or statements from Passengers if so needed to meet the insurance requirements, and to refuse an application made by a person based on such documents. To remove doubt, Passengers under the age of 18 must provide the written consent of their parents to participate the Trip, including the parents' statement of their full responsibility over the Passenger's complying with this Agreement.
4.7. 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. Before the Trip commences, it is the Passenger's responsibility to have a valid insurance policy, which includes, but not limited to, adequate cover for baggage, medical expenses, helicopter rescue and air ambulance services and the cost of repatriation if Passenger becomes too ill to continue.
6. LIMITATION OF LIABILITY:
IMW assumes no responsibility for any inconvenience or damage (including, but not limited to, the non-refundable Trip cost) 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, 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 suppliers 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, 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:
This Agreement shall be 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.
Any dispute referring to this Agreement which the Parties fail to resolve, shall be directed to a mediator acceptable to both Parties. 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.
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.