General Terms of Engagement
Use of Website and Execution of Orders
- Company Details:
B.D. Graiver Ltd., Private Company No. 510202757
Address: 1 Kayat St. Haifa, Israel
Hereinafter also referred to as: “B.D. Graiver” and/or the “Company”.
- B.D. Graiver is a travel agency which offers various tourism services to private / business customers, including lodging, flight tickets, hotel rooms, car rentals, attractions and tours, guided tours, trips, etc. (hereinafter: the “Tourism Services”), through the website which is operated by at B.D. Graiver at www.funli.org, an e-commerce site offering the sale of Tourism Services (hereinafter: the “Website”).
- Beyond the generality of the foregoing, in 2019 B.D. Graiver will market through the Website Tourism Services in Israel [packages, hotel lodging, tours, parties / organized events and attractions] under the brand name “Funli / פאנלי”, which are especially tailored and designed for private / business customers, both individuals and groups, from abroad and from Israel, including the gay tourism community and guests of the Eurovision event, which will take place this year in Tel Aviv, on May 18, 2019.
- The purpose of the “General Terms and Conditions Governing the Use of the Website and the Execution of Orders” (hereinafter: the “Terms and Conditions”) is to present the User with the Terms and Conditions which apply to any use [as defined below], by any User [as defined below], of the Website, as well as the Terms and Conditions which apply to the execution of Orders for Tourism Services from the Company, whether through the Website, or by other means.
- For the purpose of the Terms and Conditions, the use of the Website means browsing the Website, registering for the Website, ordering and purchasing Tourism Services through the Website, and browsing to third party websites through links which are displayed on the Website (hereinafter: “Use”).
- The specified Terms and Conditions will apply to any use of the Website, by any User who makes use of the Website (hereinafter: “User”), and to any Order of Tourism Services from the Company (hereinafter: “Order”). Orders which have not been ordered online, but rather at the offices of B.D. Graiver, will also be subject to the applicable provisions of the law.
The specified Terms and Conditions will also apply to any party who makes use of this website, including any party who is not a resident / citizen of Israel.
- The Terms and Conditions, together with the details of the Order, and together with the order document from the Tourism Service Provider [as defined below], will serve as the contractual agreement between the User and B.D. Graiver.
Any User browsing the Website provides their consent, through their use of the Website, to the Terms and Conditions, and the Terms and Conditions will apply to any use which has been made of the Website.
- The Terms and Conditions will apply to any dispute and/or disagreement and/or discussion between the User and B.D. Graiver and/or any other party on its behalf regarding the use of the Website, including any Order of Tourism Services from B.D. Graiver, including through methods other than the Website.
- It is hereby clarified that the User’s consent to the Terms and Conditions constitutes an exclusive condition, without which the Website may not be visited or used, and the use of the Website is conditional upon the User’s consent to the Terms and Conditions, as amended from time to time. Any User who does not consent to the Terms and Conditions is requested to immediately leave the Website, refrain from browsing it, and refrain from making any use thereof, and from ordering any Tourism Services whatsoever from B.D. Graiver.
- B.D. Graiver reserves the right to amend or change the Terms and Conditions from time to time as it sees fit, and in its exclusive discretion. The version of the Terms and Conditions, as published on the Website (at www.funli.org), and as updated from time to time, constitutes the effective version. The User is responsible for checking and keeping up to date regarding any changes which have been made to the Terms and Conditions, before making any use of the Website, and before making any Order and/or purchase of Tourism Services from B.D. Graiver.
- The Terms and Conditions are phrased in the masculine gender for convenience purposes only, but apply to both genders equally, and any statement made in the singular form applies to the plural form as well, and vice versa.
- Declarations of the User
- The User hereby declares and undertakes that no legal restriction applies, in accordance with any law, which affects his legal competence, and which prevents him from being able to perform legal actions, including entering into contractual engagements and the fulfilling credit transactions. Any User under 18 years of age undertakes that his actions on the Website are performed with the approval and knowledge of his guardian.
- The User hereby declares that he has submitted to B.D. Graiver, as part of his Order, complete and accurate details. The payment method details pertain to a payment method which is owned by the User in accordance with the law, and no restriction exists which would prevent the submission and charging thereof, with respect to the Order which has been executed.
- The User undertakes to make use of the Website in accordance with the Terms and Conditions, and the provisions of any applicable law.
- The User undertakes not to make any commercial use of the information on the Website, and not to store the information on the Website on any other serves / websites on the Internet, and not to make any change whatsoever to the information.
- Use of the Website:
- B.D. Graiver does not guarantee that the use the Website will be free of disruptions, damages, malfunctions, technical failures or errors.
- B.D. Graiver is entitled to discontinue the activity of the Website, in whole or in part, at any time, without providing advance notice, and there will be demand, claim or lawsuit against it and/or against any other party on its behalf, with respect to the foregoing.
- B.D. Graiver does not guarantee the availability of the various Tourism Services, which depends on the inventory of the various Tourism Service Providers.
- The Website, the content provided therein, the Website’s appearance, and the scope and availability of the services which are provided through the Website, as well as any other aspect associated with the above, are subject to change from time to time, in the exclusive discretion of D. Graiver, and without any requirement to provide advance notice. Such changes will be made, inter alia, in consideration of the dynamic nature of the internet, and the technological and other changes taking place therein. The changes may, by nature, involve malfunctions and/or inconvenience to Users, etc. it is emphasized that the User will not have any claim and/or demand and/or suit whatsoever against B.D. Graiver or any other party on its behalf, with respect to the performance of changes, as stated above, and/or with respect to any malfunctions which may occur due to the implementation of the changes, as stated above.
- B.D. Graiver will be entitled to refuse access to the Website, or to any part/s thereof, for any User, in its exclusive discretion, and without any requirement to provide advance warning.
- The Website may include links to third party websites, social network pages of third parties, banners and advertisements on behalf of third parties [including advertisements which appear in the form of video clips or audio files]. B.D. Graiver will not be liable for any information, material, products, advertisements, video clips, audio files, or services whatsoever, which are included or available on websites, banners, and/or pages on third party social network pages, where links to the foregoing have appeared on the Website, and any browsing and/or use and/or ordering from such websites will be the User’s exclusive liability, and B.D. Graiver will not bear any liability for the accuracy of the information which is published therein, nor with respect to the quality of the services which are provided therein, nor with respect to any other aspects pertaining to the use and/or browsing thereof.
- B.D. Graiver will not be liable for the quality, nature or contents of any third-party advertisements which are displayed on its Website, including in the form of banners, audio files, video clips, pictures or text. It is hereby agreed that B.D. Graiver is unable to continuously monitor third party advertisements [including, as stated above, banners, audio files, video clips, pictures or text] which appear on its website, and which are delivered, inter alia, through external companies, and it does not bear liability for the said contents. In case offensive content or inappropriate content on third party advertisements appears on the Website of B.D. Graiver, B.D. Graiver may be contacted by email at email@example.com.
- Ordering of Tourism Services from the Company and the Company’s Handling of Orders:
- The following Terms and Conditions will apply to any User who Orders Tourism Services from the Company (hereinafter: the “Orderer”), whether through the Company’s Website, or over the telephone. Orders which have not been ordered online, but rather at the offices of B.D. Graiver, will also be subject to the applicable provisions of the law.
- Payments for Orders executed on the Website may be made by credit card only. For the purpose of ordering Tourism Services on the Website, it is necessary to enter the User’s complete details: full name, ID number, residential address, telephone number, and email address. The User is responsible for verifying that the email address he has provided is the right address, and is fully under his control. In order to prevent errors, it is necessary to verify that the information is entered continuously, and without interruptions. In case the User has delayed when making an Order, it is recommended to re-initiate the activity, in order to prevent errors and ensure that the Order is executed properly.
In case the customer has not completed his Order within 15 minutes after the Order process was commenced on the Website, the price and availability of the package / service may change, and the Orderer will not have any claim towards B.D. Graiver on the matter.
Orders executed on the Website are completed by clicking on the “Confirm Order” button. By clicking on the “Confirm Order” button, the Orderer confirms the Order which he has executed, and accepts the Terms and Conditions, and from that moment onwards, all of the Orderer’s undertakings within the framework of the Order, including the terms regarding changes and cancellations, will enter into effect.
- Once the “Confirm Order” button has been clicked, the Order may not be canceled, even if final confirmation of the Order has not yet been received, except in accordance with the order cancellation policy of B.D. Graiver, as specified in this document.
- Once the “Confirm Order” button has been clicked, the Orderer will be charged the full cost of the Order. Approval of the transaction by the credit card company through which the User has undertaken to execute the Order constitutes an advance and necessary precondition for the acceptance of the customer’s offer to perform the transaction.
- Immediately after the Order has been executed, the credit card will be verified, and once the Order has been approved by the credit card company, the User will be given appropriate notice confirming that the transaction has been approved or rejected. The User will be charged with respect to the service which he has ordered through the credit card after the transaction has been executed.
The submission of false credit card details constitutes a criminal offense, and civil and criminal proceedings will be initiated against anyone who has submitted such details. The submission of false credit card details is tantamount to the User’s declaration that the credit card which he is using to execute the Order is his personal credit card, or that he has received permission from the credit card holder to execute the payment in question.
- Once the transaction has been completed, after the Orderer has confirmed the terms of the Order, the system will present a comprehensive confirmation of the details of the Order, including notice of the Order’s confirmation or rejection, as well as a confirmation number (hereinafter: the “Order Confirmation”) Once the Order has been confirmed, confirmation of the transaction, as well as the details of the Order, as executed on the servers of D. Graiver, will be sent by email, and such email will constitute evidence of the details of the Order which were submitted by the Orderer. The Order number which is presented on the Order Confirmation should be saved, and this number should be presented when making any inquiries or contact to B.D. Graiver.
- In case the aforementioned email has not been received, check the spam / junk mail folder, and contact D. Graiver immediately.
- In case final confirmation of the requested Order (in whole or in part) has not been given, or the Order Confirmation has not been received by the Orderer 24 hours after the time of the Order on weekdays, or 48 hours thereafter on weekends or holidays, the Orderer may cancel the Order at no charge, and one business day after the time when the Orderer notified D. Graiver of the matter by email, the receipt of which will be confirmed by B.D. Graiver, and in case B.D. Graiver has not submitted to him, by that time, the final Order Confirmation, or the flight tickets, respectively.
- Confirmations for Orders of hotel rooms, tours and vouchers for the various Tourism Services, will be sent to the Orderer’s address (or to the Orderer’s email address), as given by the Orderer, and the Orderer will be responsible for confirming that he has received them.
- After final confirmation of the Order has been given, and the customer’s credit card has been charged, D. Graiver will send the travel documents to the customer, in accordance with the engagement details which he provided at the time of his Order, and no later than 48 hours after the time when customer’s payment method was charged.
- The ordering of some of the various services is subject to the approval of the Order by the various Tourism Service Providers, which is not to the Company at the time of ordering, and is not guaranteed. At this stage, before final written confirmation of the Order has been given, the Order will have the status of “waitlisted” or “pending order”, in other words, an Order awaiting confirmation by the various Providers, with respect to the offered price and availability. Until final confirmation of the Order has been given, D. Graiver will be entitled, in accordance with the demand of the various Providers, to change the price and terms of the Order. In the foregoing case, the Orderer will be entitled to cancel the pending Order free of charge.
- D. Graiver does not effectively itself provide the Tourism Services which are offered on the Website, and all of the Tourism Services which are offered on the Website are purchased for the customer, and in his name, from various Tourism Service Providers [including both Israeli and foreign companies], including airlines, holiday package organizers, various ground Service Providers, hotels, car rental companies, attractions, tours, etc., which themselves organize or provide the services (hereinafter: the “Tourism Service Providers” or the “Providers”), and are subject to their terms and considerations.
- D. Graiver operates as the Orderer’s agent vis-à-vis the various Tourism Service Providers, and therefore does not bear any liability whatsoever for the provision of the Tourism Services which are ordered through it, nor for their quality or nature, or for their correspondence to the Order, or for any changes to their final price.
- It is hereby clarified that the details of which are presented on the Website, including pictures, product descriptions, and any information which is presented on the Website for the service, have been submitted to the Company by the Tourism Service Providers, and under their exclusive liability, and the Company is not liable for the accuracy of the information and/or for any action and/or damage and/or change and/or cancellation which have been caused by the Providers, regardless of the reason for the cancellation / change. Additionally, it is hereby clarified that the Company is not responsible for the quality and nature of the products which form the subject of the service, nor for their correspondence to the customer’s needs.
- In case of a clerical error in the description of the service and/or in the description of the Tourism Services, the foregoing will not be binding towards the Company.
- D. Graiver undertakes, towards the Orderer, to execute the Order skillfully, in accordance with the Orderer’s details and requirements, to accurately submit any information of which it is aware, or of which it should have been aware, regarding the ordered services, to submit to the Service Providers the information which is relevant to the transaction, and to verify that the Order corresponds to the request.
- The Terms and Conditions will apply to all components of the Orders as pertaining to passports and visas, holiday packages, hotel room orders, car rentals and insurance.
- All information associated with Tourism Services which is presented to the Orderer, such as flight times, airline and airplane details, terminals, tour dates, etc., have been received directly from the various Tourism Service Providers, and based on the information which they have provided to D. Graiver. B.D. Graiver will present to the Orderer any representation or information which is at its disposal, as received from the various Tourism Service Providers, pertaining to the Tourism Services which have been purchased by the Orderer. However, B.D. Graiver cannot be liable for the actual accuracy of information which is received from the various Providers.
- D. Graiver will not be liable for any unexpected malfunctions or disruptions to the provision of the Tourism Services which are ordered by the Orderer, and which are not under its control, if the foregoing affect the provision of the Tourism Services, unless it was aware, or should have been aware, in advance, of those significant malfunctions or disruptions, including as regards any failure to fulfill the Orderer’s special requests, unless the malfunction was due to its own action or omission.
- The call center’s hours of operation are Sunday to Thursday, 9 AM to 6 PM. The call center is inactive on Fridays, Saturdays, and Jewish holidays; however, messages can be left on the voicemail system. Orders, including flight orders, land arrangements, insurance, visas, hotel room orders, tour orders, car rentals, etc., which have been executed on weekdays after 5 PM, and after Thursdays or holiday eves, or which have been executed after the call center’s hours of operation, will be handled vis-à-vis the Providers and the Orderer on the following business day.
- Orders whose departure times are less than 24 hours after the Order time will be confirmed, charged and carded only on the condition that the customer has contacted a call center representative by telephone, and the Order has been effectively confirmed, or if the customer has received, by email, a voucher / Order Confirmation or flight ticket.
- In highly urgent cases involving flights which are scheduled to depart in the next 24 hours, urgent messages can be left at the Website’s message hotline, at +972-4-649-2940.
- The Orderer will submit his contact details, including telephone number, or will be available to receive email for the purpose of delivering messages and significant details pertaining to the Order, which will be available at all times, in Israel and abroad, from the Order time until the ordered Tourism Service has been received. The Company will not bear liability for any changes or ensuing results in case the passenger cannot be contacted using the contact details he has provided.
- The Orderer is required to inform the Company, as soon as possible, of any inconsistency in the provision of the services, in case of any malfunction, in order to allow it to handle any such problem.
- In case credit card details have been submitted during the Order, the Order process has been disrupted, or the Website does not respond, or a confirmation email for a pending Order has not been received containing the Order number, or confirmation of the Order / flight tickets has not been received, the Order process should be discontinued immediately, and D. Graiver should be informed of the matter by email or by telephone. In any case, a repeat / additional Order should not be executed, due to concern of double orders. B.D. Graiver will not be liable for cancellations of double orders, and the Orderer will bear the costs associated with the cancellation, insofar as any may be imposed by the Providers. B.D. Graiver will work to the best of its ability vis-à-vis the Providers to reduce the costs, and the Orderer will not have any claims on the matter.
- D. Graiver will be entitled to cancel any flight, hotel stay, package or any part thereof, or any other Tourism Service, for any reason which is out of its control, no later than 14 days, which are not holidays, before the departure date. In this case, the customer will be offered alternatives to choose from. In case the alternatives are not accepted, any payment or advance which the customer has paid will be returned to the customer, in its entirety. It is hereby agreed that the Orderer will not have any claim and/or demand, of any kind whatsoever, towards B.D. Graiver on this matter.
- Executing an order on the Website is signifies the provision of written approval by the Orderer for D. Graiver to contact the Orderer, from time to time, by ordinary post or by email, and on telephone messaging systems, or through text messages, for marketing and advertising purposes. The User is entitled to request B.D. Graiver, in accordance with the provisions of the law, to stop sending such information to the Orderer, through post, fax, email or an unsubscribe request which has been attached to the message.
- In accordance with the directives of the aviation authorities and airlines, each passenger, with no exceptions, must appear for the outgoing flight bearing a passport valid for at least six months before the planned return date. D. Graiver will not bear any liability for any restrictions which has been imposed on the Orderer upon exiting and/or entering Israel which pertains to his travel documents and/or any other legal proceedings in which the Orderer was involved and/or any other restriction which applies to the Orderer and the examination of the Orderer’s travel documents, and the absence of any restriction which prevents the Orderer from exiting and/or entering Israel is the Orderer’s exclusive responsibility, and any cancellation and/or non-receipt of Tourism Services due to such restriction will be the Orderer’s exclusive responsibility.
- Payments and Refunds
- The price of ordered Tourism Services is correct as of the date of its publication on the Website, and may change during the Order process, until the payment time. The foregoing also applies to price quotes for route and date changes. The foregoing is correct as of the time when they were provided, and the price and availability of seats are determined by the Providers, and are subject to their final approval.
- All prices of the various services which are displayed on the Website of D. Graiver include all taxes and surcharges, and anything else which is required in order to Order the services which are included therein, in accordance with the Order terms, excluding handling fees, as specified below.
- All charges will be executed in Euros at the time of the Order.
- It is emphasized that insofar as it will be found that the Orderer is entitled to receive refund of funds with respect to his Order, the funds will be reimbursed to the Orderer in Euros, and only after the Service Providers have effectively transferred the funds to D. Graiver.
- Order Cancellations and Changes
- The policy regarding the cancellation of the Tourism Services which are provided by D. Graiver, entirely outside of Israel, will be as specified in the Order / transaction terms.
- Any request to cancel an Order / transaction will be made in writing, including by email, the Company’s receipt of which has been approved by the Orderer, in accordance with the Company’s details, as displayed on the Website.
- Any changes to details of the Order will be considered cancellation of the Order and the making of a new Order, for all intents and purposes. D. Graiver does not guarantee that it will be possible to make changes to dates, destinations or passenger names, and it is hereby agreed that, on this matter, B.D. Graiver is subject to the policies of the Tourism Service Providers.
- D. Graiver reserves the right to update the cancellation fees from time to time.
- Without derogating from the generality of the foregoing, the customer will be credited for the cancellation of his Order to the same credit card through which the Order was paid, and in case the customer wishes to receive the credit / refund to a different credit card, he will be charged the clearing fee charged by the credit card company.
- In case of partial cancellation of an Order (one or more components of the Tourism Services package), D. Graiver reserves the right to cancel the all or some of the remaining components of the tourism package, in case the customer has chosen to cancel, as stated above, one or more components of his purchase. In this case, the cancellation will be performed without charging the customer for the purchase components which have been canceled by B.D. Graiver.
- In case it has been found that the Orderer is entitled, in accordance with a determination of the airline or Provider, to receive refund from the airline company with respect to airport fees due to the cancellation of his flight and/or failure by the Orderer to appear for the flight, the Orderer will fill out an airport fee refund request form. D. Graiver will submit this request form to the airline. It is emphasized that refunds, if any, will be subject to the airline’s decision, and will be reimbursed to the customer only after the airline has effectively transferred the funds to B.D. Graiver. With respect to these refunds, B.D. Graiver will collect a total of USD 25 per passenger, as handling fees with respect to said request.
- It is hereby clarified that D. Graiver will have the right to offset, from the Orderer, any amount which it is owed by the customer [including debt balance, handling fees, etc.], out of any amounts which it has received for the customer as refund / credit from any Service Providers.
- D. Graiver undertakes to act in a professional manner vis-à-vis the various providers and airlines, in order to reduce or cancel the cancellation and/or change fees as much as possible, and to work to obtain the refunds which are owed to the Orderer, including the refund of airport fees, insofar as any are owed to the Orderer. It is again noted that the cancellation and change fees are determined by the various providers, and are subject to change, in the discretion of the Tourism Service Providers.
- Changes or cancellations to orders, or parts of orders, are possible as a result of events due to force majeure, events involving war, etc. It is hereby clarified that D. Graiver will not be responsible for, and cannot accept, any request for refund with respect to such events. Refunds with respect to changes or cancellations will be subject to the refund policies of the Tourism Service Providers and/or of B.D. Graiver.
- The Orderer is responsible for obtaining appropriate, comprehensive and extensive insurance, in accordance with his needs, including a personal travel and baggage insurance policies. Any cancellation or change of an Order, Heaven forfend, in case of the hospitalization or death of a first degree relative, and any refund with respect thereto, will be subject to the policies and instructions of the Providers and airlines. D. Graiver will not be responsible for, and cannot accept, any request for refund, or any results which may ensue due to any failure to obtain such insurance. B.D. Graiver undertakes to work diligently and faithfully vis-à-vis the various providers, and to assist its customers to the best of its ability.
- General terms of payment and cancellation:For hotels:
Full pre-payment upon reservation.
Cancellation from reservation until 45 days before arrival – 1 night
Cancellation less than 45 days prior arrival will be charged full cancellation
No shows – full stay cancellation fee will be charged.
VAT will be added if applicable by law.
Rates are per room, per night, including breakfast for the mentioned type of room.
All rates quoted in Euros.
Tours canceled until April 25, 2019 – no cancellation fee
Tours canceled from April 25 to May 1, 2019 – 30% cancellation fee
Tours canceled from May 1 to May 7, 2019 – 50% cancellation fee
Tours canceled from May 7, 2019 – 100% “no show” cancellation fee
- Policy Regarding the Provision of Tourism Services:
It is noted that the standard practice regarding hotel check in and check out times is as follows: Check in after 3 PM, check out until 10 AM. The foregoing is not binding with respect to any hotels with non-standard practices. In any case, we recommend checking the checkout time when checking in, directly at the hotel reception. The quality and rating of the hotels has been determined by the local Ministry of Tourism of each individual country, meaning that different ratings in different countries are not comparable. The Company, and/or any other party on its behalf, will not be responsible for the day to day operation of the hotel, including the functionality of its systems, air conditioning operating hours, etc.
- In cases involving the Order of a product which includes a hotel room, it is hereby clarified that the Company and/or any other party on its behalf are unable to guarantee, in advance, a room which is located in accordance with the customer’s requirements, including on the requested floor, or on the requested side.
- Situations may arise in which the hotel is overbooked, and in accordance with international rules, rooms cannot be vacated even if confirmation has been received for them. In case of overbooking by the hotels, the local agent and/or hotel management are entitled to transfer the travelers to an alternative hotel with the same rating or higher rating than the hotel rooms which was purchased by the travelers. The hotel management and/or the local agent are responsible for the above, including for the transfer to the alternative hotel, and in any case, the Company in any case will bear no liability and/or obligation whatsoever on the matter, or on any matter associated therewith.
Tours and Tourist Attractions
8.3 Tours and tourist attractions which are available for purchase on the Website will take place at the time and place published on the Website. Graiver reserves the right to add new tours and remove existing tours from the Website. In case of cancellation of a tour, tickets for which have been ordered by the customer, the customer will receive a full monetary refund.
8.4 Parties will be held at the time and place specified on the Website. Graiver reserves the right to add new parties and remove existing parties from the Website. In case of cancellation of a party, tickets for which have been ordered by the customer, the customer will receive a full monetary refund.
- Flight Orders:
- These provisions will apply, in addition to any other provision, to flight orders, even if they were ordered as services sold as a single package.
- The Orderer’s air cargo and baggage will be subject to the provisions of the Montreal Convention, as well as the Aviation Services Law (Compensation and Assistance Due to Flight Cancellation or Change in Terms), 5772-2012, as applicable.
- Flight tickets are valid for the destinations and times specified on the ticket, and for the passengers whose identification details are specified on the ticket. The Orderer is responsible for verifying the accuracy of the passengers’ identification details which he has submitted. The Orderer is responsible for reviewing the terms / policies of the airlines / Providers or flight organizers, with respect to each and every ticket, as published on the airlines of the airlines, and on the Order systems, including changes and cancellations, and the cost thereof, and B.D. Graiver is subject to the aforementioned rules (hereinafter: the “Ticket Rules”). Any change or cancellation of destinations / dates / names / routes are subject to this policy. B.D. Graiver is unable to change the rules or policies of any airline or Provider. These rules will be available to the passenger at all times, and upon the passenger’s request, B.D. Graiver will produce, for the passenger, all of the relevant Ticket Rules, will investigate, for each passenger, upon their request, the Ticket Rules and change and cancellation policy, and the cost thereof, and will assist on this matter, upon request.
- The flight organizer and airline are entitled to change the flight details after the Order has been executed including as regards the exact times, routes and identity of the airline which will effectively operate the flight (it is noted that landing for refueling purposes is not defined as a “stopover”), subject to the provisions of the law. The provisions of this section do not withhold from the passenger any legal remedy with respect to the change, including, in cases permitted by law, cancellation of the transaction.
- B.D. Graiver will not be liable for any indirect damages which have been incurred by the Orderer as a result of any delay or cancellation of aviation transport which are under the responsibility and control of the airline, including any delay / cancellation due to force majeure.
- The rights of the passenger on all matters pertaining to delay, cancellation or earlier scheduling of flights are specified in detail in the Aviation Services Law (Compensation and Assistance Due to Flight Cancellation or Change in Terms), 5772-2012. B.D. Graiver undertakes to inform passengers of their rights, and to assist them in receiving the aforementioned benefits as prescribed in the law, and upon the passenger’s request, will contact the flight operator, organizer, or any other party on their behalf, in order to realize the passenger’s right to those benefits, in accordance with the provisions of the aforementioned law.
- A passenger who has received notice of changes to their flight, or cancellation of their flight, at least 14 days before the date of the flight as specified in the flight ticket, and in accordance with the circumstances of the change, and in accordance with the aforementioned Aviation Services Law, will have the option to choose between a monetary refund or an alternative flight ticket, and will be considered as having chosen an alternative flight ticket, unless he has announced otherwise upon receipt of the notice.
- The flight details specified in the flight ticket are binding for the purpose of the Order terms. Cancellations or changes to flights dates and routes are possible, as initiated by the airline. The airline will announce these changes through us, or directly to you, according to the contact details which have submitted on the Website when making your Order. The airline may also offer alternatives to your flight.
- Early check in (security check) and flight confirmation – In many cases, early check in can prevent missed flights and errors. A few airlines require early check in, and collect additional payment at the airport if the passenger has not performed early check in, as stated above. The passenger undertakes to perform early check in on the airline’s website, so long as the airline allows it, and as part of the above, to verify the final flight time. In charter flights, where early check in is not possible, each return flight must be confirmed in accordance with the instructions, through the telephone number specified on the flight ticket,72 hours before the flight time. D. Graiver will not be responsible for missed flights due to any failure to perform early check in, or to confirm return flights.
- The passenger is required to perform early check in for all regular flights, including low cost flights.In case the passenger is unable to perform early check in on the airline’s website, he must contact D. Graiver’s service center immediately and report the matter. The passenger is required to confirm his flight’s final departure time on the Website of the airport from which his flight is departing, or on the airline’s website, or by contacting the Company. B.D. Graiver will not be responsible for missed flights due to problems in performing early check in, or failure by the customer to check this matter.
- Airlines and immigrations authorities have changing policies with respect to passengers who hold no visa for entry as a stopover destination on flight routes, or flight tickets for continuing flights and/or return flights. Airlines and immigration authorities may prevent a passenger from boarding a flight or from entering the passenger’s destination country if he does not hold an entry visa to the stopover destination, or a ticket for a continuing flight, or a ticket for a return flight, and this matter is subject to the exclusive discretion of the airlines and immigration authorities at each flight route / destination (and regardless of the entry visa). The passenger is required to independently check and verify the requirements of the airlines and destination and stopover countries on this matter, as relevant for his own personal circumstances. D. Graiver will verify for each passenger, upon request, the policies of the airlines and stopover / destination countries, and will assist him on the matter, as requested. B.D. Graiver will not be liable for missed flights due to any failure by the passenger to check this matter.
- Passengers are required to appear at the flight’s check in counter at least three hours before the flight for international flights, and at least two hours for national flights. The passenger is hereby informed that the check in and security procedures are not performed by D. Graiver, and therefore, do no depend on it.
- Failure to appear for the flight may cause immediate and automatic cancellation of the continuing flight / return flight, insofar as any exist, and even the imposition of a fine by the airline. In case a passenger does not intend to board the outgoing flight or a continuing flight on his route, or has not appeared for the flight, he must inform D. Graiver of the matter immediately, in order to allow it to attempt to maintain the ticket for the return flight or continuing flight; however, in any case, this matter is subject to the airline’s judgment, and B.D. Graiver will not bear any liability for the matter. In any case, refunds in case of no show or cancellation / keeping of tickets for continuing / return flights, including refunds, if any, will be subject to the policies and considerations of the airlines.
- Women 22 or more weeks pregnant on the Order date must inform the Company that they are pregnant.
- In accordance with the demand of the various airlines, women in the 22-27th week of pregnancy must appear for the flight holding an appropriate medical authorization, in the English language, certifying the health of the pregnancy, and the absence of any restriction on flying due to their pregnancy. Appearance for a flight without the aforementioned medical authorization may lead to refusal by the airline staff to allow the pregnant passenger to board the flight. Women 27 or more weeks pregnant may not board the flight. In any case, in accordance with international treaties, the judgment regarding whether or not to allow pregnant women to board flights belongs exclusively to the flight captain, who is entitled to refuse to allow a pregnant woman to board even if she has presented to him the aforementioned authorization. The Company undertakes to keep the Orderer’s details private, and not to submit such information for any purpose other than treating her.
- In-Flight Services
- D. Graiver will submit to the airline, as much as possible, any special request of the Orderer; however, it does not guarantee, under any circumstances, that the request will be fulfilled, unless it has been defined, from the outset, as a significant request of the Orderer due to his special needs, and as a condition for the Order, and has been confirmed by the airline, together with the flight confirmation, and has been expressly specified on the flight ticket.
- Airlines have different policies and different definitions with respect to in-flight services which are provided, regardless of the definition of the flight as a regular, low cost or charter flight. Sometimes differences in the service may arise, even within the same flight, and in accordance with the ticket type. On low cost flights, charter flights, and a few regular flights, partial service is given, and paid service is offered with respect to all or some of the following services – early check in, baggage, seating, meals and entertainment. Early seating is not guaranteed, and is subject to the policies of the Providers and operators. Detailed information regarding the in-flight services which are provided is available on the Website when ordering, on the search pages, on the results for the chosen flight with the appropriate marking, and through our representatives and the airline’s website.
- The passenger has the option to add advance seating / preferred seating or baggage / additional baggage, for an additional fee. These Orders can be executed on the Website or with the assistance of the service representatives of D. Graiver during or after the ordering process, or on the airline’s website, or at the airport. For Orders executed through B.D. Graiver, the Company will charge a fee in the amount of USD 5 per item / per passenger, as applicable.
- The Orderer may choose a seat or Order baggage free of charge by ordering directly on the airline’s website. The cost of some of the services which are available for purchase at the airport may be higher than their price through advance purchase on the Website of B.D. Graiver, or on the airline’s website. D. Graiver will assist in inquiring for the passenger, at their request, regarding the in-flight conditions and services, and regarding purchase options and purchase costs.
- In case a passenger has independently performed early check in and advance payment on the airline’s website, flight boarding documents and payment authorizations should be brought and presented at the airport.
- Handling of Messages, Complaints and Requests:
- Requests for changes to Orders should be submitted in writing only to firstname.lastname@example.org.
D. Graiver will handle each request and respond to the customer within two working days after the receipt thereof, subject to the receipt of a response from the various Service Providers. B.D. Graiver is not authorized to independently approve requests or changes, and therefore, the matter depends on the response / authorization of the various Service Providers. The approval of requests is subject to product availability, Provider policies and the relevant rules which apply to the Tourism Services which have been ordered, including the Order terms of the Service Providers.
- Written messages regarding any complaint or request with respect to Tourism Services which have been provided can be sent to D. Graiver’s customer service department at email@example.com. The requestor is required to verify that his message has been received by B.D. Graiver.
- All relevant documents should be attached to the message, including flight tickets, boarding tickets, original receipts, vouchers, loss confirmations from airport lost and found departments, police complaint authorizations, hotel authorizations, and any other relevant documents. In case copies of the documents are transferred, the original document should be kept and prepared for submission to D. Graiver if necessary.
- In case of damage or loss or delay in the receipt of passenger baggage, the passenger will immediately report the event to the airline, at the airport’s lost and found department, and will receive appropriate authorization of the above. Inquiries regarding loss or damage of passenger baggage should be addressed directly to the airline, including attachment of the appropriate documents. D. Graiver will submit to the passengers contact details for the airline offices which handle such matters.
- In order to allow handling of the complaint, the passenger is required to contact the Service Providers, directly or through D. Graiver, as stated above, as soon as possible after the provision of ordered services has concluded. In any case, complaints regarding events which took place more than 3 years before the date of the complaint will not be addressed.
- D. Graiver undertakes to submit the Orderer’s complaint to the Service Providers, and to submit to the Orderer any response which has been received from them; however, it is unable to control or influence the response and resolution times of the various Providers, or provide any responsibility for the provided response. When possible, complaints regarding services which have been provided above should be submitted in the English language. The representatives of B.D. Graiver will assist, as much as possible, any passenger who has requested assistance.
- Requests for changes to Orders should be submitted in writing only to firstname.lastname@example.org.
- The Company and/or any other party on its behalf will not be liable, and will bear any damage, of any kind whatsoever, which has been incurred by the User or any third party, as a result of the use of the Website, regardless of the specific cause of action. By using the Website, the User waives any claim towards the Company.
- The Company and/or any other party on its behalf will not be liable for any damages which have been incurred by any User due to his use of the products which form the subject of the service, including physical injury, illness, damage caused to any baggage and/or any direct or indirect damage which may be incurred by the passenger himself and/or his property during the flight (both outgoing and return) and/or his stay abroad / on vacation / while consuming the Tourism Services which were provided, due to any accident, loss, break-in, act of violence, robbery, theft, hospitalization, pregnancy (it is emphasized that there are airlines which place conditions on flying after the 26th week of pregnancy and/or during earlier stages of pregnancy conditional on a doctor’s authorization), medical expenses, loss of baggage and/or documents and/or flight tickets and/or passports, etc. the Company provides assistance regarding the purchase of an appropriate insurance policy to cover the aforementioned possible risks. It is hereby clarified that the User bears full responsibility for the purchase of the policy, and that the Company will bear no liability whatsoever on any matter associated with the insurance policies per se, for which the insurer is exclusively liable.
- The Company and/or any other party on its behalf will be released from any liability whatsoever towards the Users of the products which form the subject of the service, on all matters associated with cancellation and/or change to holiday plans, at any time whatsoever, which has been incurred, whether directly and/or indirectly, as a result of force majeure, including strike, lockdown, disorderly conduct, fire, flood, extreme weather, civil unrest, war, military operation, invasion, revolution, epidemic, disease, international boycott, arrests, technical malfunctions, or any action whatsoever which is not under the Company’s control, whether expected or unexpected. The Company assists in the purchase of an appropriate insurance policy to cover such possible risks. It is hereby clarified that the User bears full responsibility for the purchase of the policy, and that the Company will bear no liability whatsoever on any matter associated with the insurance policies per se, for which the insurer is exclusively liable.
- The Israeli customer’s passport must be valid for at least 6 months after the departure date from Israel [and/or in accordance with the directives of the Foreign Ministry of which the Orderer is a resident]. Passport holders are required to check the need for entry visas to their destination country. The customer is responsible for stating his citizenship to the Company. The issuance of a passport and/or visas, and the evaluation thereof, are the customer’s exclusive responsibility, and the Company and/or any other party on its behalf will not bear any responsibility and/or liability on this matter.
- Intellectual Property:
- The User hereby declares and affirms that he is aware that the copyrights, patent rights, trade secrets, ownership rights and/or the use of the information, including the distribution rights and any other intellectual property, of any kind whatsoever, belong to B.D. Graiver, Unless expressly stated otherwise, and the User will not have any rights whatsoever, of any kind whatsoever, with respect to the information, excluding the use of the information for its intended purpose (Order / purchase of Tourism Services from the Company).
- The service, and all of the information which is included therein, as well as the contents, are the property of the Company, and are protected by the copyright laws of the State of Israel. All rights reserved to the Company and/or the entities which are advertised by the Company. Except for the User’s private and personal use, the User is not entitled to copy, transfer, distribute, change and/or store the contents which he has received through the service, whether partially or completely, temporarily or permanently, in any manner whatsoever, without the Company’s advance written consent.
- Various parts of the information and pictures on the Website are presented on the Website in accordance with agreements between the Company and third parties. The copyrights with respect to the information and/or pictures belong to third parties. Any copying, duplication, distribution, marketing, use or submission of the information and/or the pictures to other parties is prohibited, as well as any other commercial or non-commercial use whatsoever, without receiving the Company’s express advance written consent.
- It is hereby declared that the User is not entitled to make any use of rights which belong to the Company, or transfer to any third party whatsoever any information and/or service, including copyrights and trademarks which are exposed during the service, and which do not belong to the User.
- The Users of the Website agree that any dispute which may arise regarding the Website and/or any use and/or Order of Tourism Services through the Website will be subject to the exclusive jurisdiction of Israeli law, and any such dispute will be heard exclusively in the competent court in the city of Haifa, and in accordance with the laws of Israel only.
Date of last update: February 17, 2019
- Registration for the Website and User Details:
- D. Graiver will be entitled to save and collect “information” and “sensitive information” which has been submitted by the Users of the Website, or collected by B.D. Graiver, during the use of the Website by each User, as well as any other information regarding the use of the Website (hereinafter: “Personal Information”).
- D. Graiver will be entitled to make the use of the Website and of the services which are offered therein conditional on registration, which may include the submission of Personal Information about the User, and additional details, in the discretion of B.D. Graiver. In case the User has not submitted the information, which is expressly required for submission on the Website, B.D. Graiver will be entitled to prevent the User from using the Website and/or certain areas of the Website and/or certain services on the Website, in its exclusive discretion.
- D. Graiver will be entitled to use the Personal Information of Users in order to contact Users and update them regarding sales on the Website and/or regarding additional services which are offered by B.D. Graiver or by third parties. B.D. Graiver will be entitled to make use of the aforementioned information for marketing purposes and/or as part of statistical data which it collects for its own purposes.
- D. Graiver will be entitled to submit statistical data which it collects to third parties, on the condition that the data / information does not identify the User by name or by identification details.
- The use which has been made of the Personal Information will be saved on the Website’s database, in accordance with the Protection of Privacy Law, and will be used in accordance with the provisions of the Protection of Privacy Law, and in accordance with any applicable law.
- D. Graiver makes efforts to protect the completeness of the Personal Information and the security of the Personal Information, against access by third parties. However, Users are aware that B.D. Graiver cannot absolutely prevent hacks into its websites, and they will not have any claim towards B.D. Graiver on this matter.
- It is hereby clarified that the clearing of buyers’ credit cards through the Website is performed through the clearing Provider, and B.D. Graiver does not save credit card details which have been submitted by Users on its servers.
- D. Graiver will not submit Personal Information of Users to third parties, but will be entitled to transfer non-personal information, such as cookies. The User declares that he is aware that, upon the performance of actions associated with registration for the Website and/or ordering on the Website, B.D. Graiver will be entitled to “plant” on his computer text files and software (called “cookies”), which allow identification of the User when browsing the Websites (hereinafter: “Cookies”). In case the User wishes to erase the cookies and/or to neutralize the possibility of using them, he should refer to the specific guidelines for the browser which he is using, and implement them, and the exclusive responsibility for the above will apply to the User, and will not apply to B.D. Graiver in any manner whatsoever.
- D. Graiver uses, from time to time, advertising services which are operated by third parties – interactive Advertising Companies (hereinafter: “Advertising Companies”). B.D. Graiver is entitled to transfer the data which accumulate in the cookies to these Advertising Companies.
- D. Graiver will be entitled to use the details which the User has submitted when making an Order and/or which have accumulated about him due to his use of the service and the information which it will collect about his patterns of use of the service, by examining his use of the service, Subject to any applicable law, in order to process, conclude and summarize any information which is based on the usage patterns of Users, in any way considered appropriate in its discretion, both for its own internal use, and for its customers.
- D. Graiver will be entitled to send content to the User and/or inform the User about various products, sales and services which may interest him, and which are offered by the Company and/or by third parties and/or to submit to the User certain or other advertising materials. B.D. Graiver is entitled to make use of the above information for marketing purposes and/or as part of statistical data which it collects for the Company’s purposes and/or as part of the data which are submitted to third parties, provided that such information does not identify the User by name or by identification details. The User confirms that he is aware of the provisions of Amendment No. 40 to the Communications Law (Telecommunications and Broadcasting) 5768–2008, and expressly agrees that the Company will send him materials, including advertising and marketing materials, by all ways specified in the law (including recorded calls, fax, automated dialing systems, email or text message).
The User is entitled to request B.D. Graiver, in accordance with the provisions of the law, to stop sending such information to the Orderer, through post, fax, email or an unsubscribe request which has been attached to the message.