“Israel by Foot” website (herein referred to as “the Platform”) provides its users (herein referred to as “Users”) with a technical service that connects those interested in searching and booking an activity posted on the Website with professional providers (herein referred to as “Providers” and the “Services”, respectively).
The website connects professional providers, who offer their services independently and bear the sole responsibility for conducting them, with potential customers (herein referred to as “Customers”). The Platform and/or its owners/operators (herein referred to as “Owners”) are not, in any way, involved in the contractual relationship between the Providers and the Customers for any of the bookings realized via the website, apart from the technical facilitation it provides.
The Agreement cover only use of the Services and do not concern the manner in which the Activity will be conducted.
The basic agreement formed between the Provider and the Customers when the latter books an Activity via the Website is an autonomous agreement for which we bear no responsibility apart from those that fall within the technical service as this has been described thus far. The Agreement is considered automatically signed when a Provider accepts the Customer’s booking request.
Therefore, Users must be certain that they wish to commit themselves, independently, in a contractual relationship with a Provider and that they are ready, in that respect, to undertake the consequences resulting from this Agreement.
The Providers bear the sole responsibility against the Customers for the quality of the provided services according to the Agreement.
ARTICLE 2 ACCESS TO THE SERVICE AND IDENTIFICATION
Users have the sole, personal responsibility for use of the Services. Users who wish to book an Activity must provide the following details: first name, last name, email and phone number and a statement that the User is not a minor.
Note, that we do not intend to collect personal data of minors who may gain access to its Website. Nevertheless, and given that this cannot be ensured by us, note the any minor Users who use the Services and therefore transfer personal information via the Website are obliged and expected to have received permission from their parents or from those who exercise parental duties.
ARTICLE 3 BOOKINGS AND PAYMENTS (reference to Providers)
3.1. Details for Activity Bookings
Users are obliged to book Activities via the Service.
Booking by a Customer of an Activity that is offered by a Provider on the Platform is realized according to the following:
- The Customer must complete the booking via a secure payment system (PayPal).
- Upon completion of the booking the agreement between the Customer and the Provider becomes effective. The Customer must, when required according to the specifications set by the Provider and which refer to his post for the particular Activity, provide the required information on his physical condition, level of knowledge, certificates or licenses held by both himself and the participants, etc. The Provider is obliged to notify the Customer with the exact time and meeting place if these are different from the time and meeting place stated in the Activity post.
- In the event of cancellation, those provided for in article “Cancellations” shall apply.
When booking is complete (the Agreement has been signed) the Customer will receive confirmation via e-mail concerning the Activity which he has booked. This confirmation will include the main features of the booking (number of people, location, date, time, Provider’s trade name, title and cost).
The Customer or someone from the participants must display the confirmation to the Provider at the commencement of the Activity.
With the present, the Customer acknowledges and accepts that, upon relevant notification from the Provider, the booked Activity can be modified and/or adjusted by the Provider due to unsuitable weather conditions or other unforeseen events. Moreover, the Activity which has been booked can also be canceled under the terms described in Article “Cancellations” thereof.
3.2 Payments for booked Activities
We have the responsibility to confirm and collect the payments for the Activity(ies) which has(ve) been booked via the Service at the name and on account of the Provider.
The value displayed on the Platform as the selling price of the activity includes VAT, sales tax and all other legally valid taxes, fees, charges or contributions and is the final customer billing price.
The prices of the Activities in the Website are in USD. the Website and the Service allow Users and Customers to proceed to payments in different currencies.
If the currency that the User or Customer has selected to see or in which he wants to pay the Activity is different from the currency selected by the Provider, it is clear that the final price will be the result of conversion of the price of the Activity into the currency selected by the User or Customer.
In this case, the conversion price will be the purchase price, calculated on the basis of the previous day’s exchange rate. In relation to the payment, the price will be the same as the price that was valid at the date of the booking.
Payment in some currencies may be burdened with extra charges during the transaction. Customers who select these currencies are notified before finalizing the booking.
3.3 Modifications– Cancellations
Customers can request the modification of the Agreement with the Provider and more specifically the change of date. The Website provides the option for communication between the Customer and the Provider via email at email@example.com___________.
It is stated that Providers are not obliged to accept modification requests from Customers. Such requests, if they are accepted, can subject to potential charges for which the Customer must be notified.
If the request is not accepted, the terms described in Article “Cancellations” shall apply.
Cancellation from the Customer
The details that concern customer cancellations and subsequent charges are clearly defined for each Activity post available on the Website in respect to each Activity. Non-appearance of a Customer or participant at the scheduled time and location where the activity will take place is considered as a last-minute cancellation and is not compensated.
Cancellation from the Provider
The Provider can cancel an Activity in the event of conditions beyond his control which hinder the Activity and make it impossible or dangerous such as, for instance, unsuitable weather conditions or in the event that a threshold of minimum participants for an Activity is not met.
Providers are obliged to notify the Customer immediately or as soon as possible.
The Provider can propose to the Customer an alternative date on which the Activity will be held. If the Customer refuses the proposal, the Customer shall be entitled to full refund.
ARTICLE 4 USERS’ OBLIGATIONS AND COMMITMENTS
4.1 Compliance with Laws and Regulations
Users are bound to use the Website and the Service with respect to Third Party rights, including the rights of Providers, in full compliance with the regulations in force.
More specifically Users are obliged:
- to not use the Website or the Service in order to receive services that violate the laws and regulations in force.
- to not insult or degrade any natural or legal entity.
- to not create a User Account with false information and not falsify their own identification information.
- to not cause damage to other entities -natural or legal- via use of the Website or the Service and more specifically not to use identification information and personal data of another person.
- to not use the contact information provided in the Website in order to spread electronic viruses or other similar threats.
- to not use the contact information provided in the Website in order to spread spam mail, regardless of the manner this is achieved.
- to not cause malfunction or shutdown of the Website.
- to not access or to not attempt to access information that is not intended for Users, in parts or in the entire server that hosts the Website, the private space of other Users and any other space that is not intended for Users.
- to not perform or attempt to perform vulnerability testing for a system or network and to not attempt to illegally access networks and systems linked to the Website.
- to not post to the Website and to not send via e-mail or via any other way any item containing malicious software or other codes, files or computing programs that could interrupt, destroy or restrict the functionality of any software or computer or of any other telecommunications equipment.
4.2 Obligations and responsibility in relation to Activity Booking
As far as the booking and performance of Activities is concerned Customers and other participants are obliged to:
- Confirm that they satisfy the necessary conditions (physical condition, certificates, level of knowledge, permission etc.) in cases this is required according to the details of the Activity, before proceeding with the booking. In any other case the Provider can refuse to allow access of a Customer or of a participant to the Activity, without compensation.
- Confirm the accuracy of the information that concerns the booking with the Provider. In any other case the Provider can refuse access to the Activity.
- Comply fully with the instructions and rules of the Provider before, during and after the Activity, and especially the rules and instructions whose purpose is to ensure that the Activity will be carried out under the best safety conditions.
- Arrive on time at the site that has been agreed and is stated in the Booking Confirmation. Delay of more than 15 minutes may result in cancellation of the booking, according to the terms of the agreement signed with the Provider for the specific Activity and which are also stated in the Booking Confirmation.
It is explicitly stated that Customers book Activities via the Website at their own exclusive responsibility, taking into account their physical condition, their experience and limits as well as the dangers associated with participation in risky sports Activities.
We have no responsibility whatsoever for accidents, injuries or deaths during an Activity.
Customer releases, discharges, and agrees to hold harmless the “Israel by Foot”, it’s owners, employees, agents, and operators, from any and all liability, claims, demands, rights or causes of action, brought on the Customer’s behalf, or by or for any other person, or by the Customer’s heirs, executors, or assigns, for personal injury, illness, or death, or any other damages or loss of personal property which may occur during or as a result of the Customer’s participation in any Activity to the maximum extent permitted by any state, territory, district or country.
Users are obliged to protect and maintain the integrity of the Platform and/or the Owners against any conviction against it that is directly or indirectly caused by the User’s use of the Site or of the Service.
Customers are hereby informed of their obligation to provide for liability insurance in order to insure themselves and other participants for their participation in sporting activities. It is also stated that the Activities offered via the Website do not include insurance unless this is explicitly stated in the field “Included” in the Activity Details section.
It is the responsibility of each participant to verify the adequacy of his insurance and, if deemed necessary, to extend or supplement it via an insurance company of his choice.
The Platform can post “risky” Activities and Customers are hereby informed that for these types of Activities insurance coverage is recommended.
We reserve the right, in the event of non-compliance of a User with any of the obligations stated in the present, to suspend or exclude the User from use of the Service.
The aforementioned are potential measures that we may implement against the particular User.
ARTICLE 6 MODIFICATIONS
6.1. Modifications on the Website and/or on the Service
Users acknowledge that we have the right to update the Website and/or Service at any time.
6.2 Modifications in the Agreement
The Company reserves the right to adapt and modify the Agreement at any time.
In the event of important modifications Users must be notified by us via any manner that deems proper, such as for instance, via a notification that will be displayed the moment the User logins to the Website or to the Service.
Use of the Service upon such modifications will be considered as acceptance of these modifications.
ARTICLE 7 RESPONSIBILITY
7.1 Access and Operation of the Website and of the Service
We are obliged to provide the Service with professionalism and prudence.
With the present the Users acknowledge that, without prejudice to the resources used and implemented by us, the Internet and the telecommunications networks have technical specifications which makes it impossible to guarantee:
-the proper operation of the Website and of the Service especially when it comes to the seamless provision of access to the Website,
-the security of the Website and of the Service, especially when it comes to infection from a virus or a malware,
Moreover, the Users are informed of and accept that the management of the Website and of the Service by us requires technical repairs, especially when it comes to maintenance tasks. Therefore, the Website and the Service may be temporarily suspended, especially in the event of shutdown, maintenance, repair or update.
We are not responsible for damages suffered by Users due to use of the Website or of the Service and especially when it comes to damages that are attributed to the non-availability of the Website and the Service due to technical issues.
7.2. Framework of Liability for the Company
The Platform provides a technical Service that connects Customers and Providers. The Providers have the sole responsibility against Customers and participants for properly carrying out the Activities that are offered for booking via the Website.
We are not in any way responsible for non-compliance – partly or totally- with an obligation and/or for the unsatisfactory organization of an Activity by the Provider.
Therefore, we are not responsible in the event the Provider’s obligations are badly carried out or are -partly or in total- not satisfied.
Customers and participants cannot act against “Israel by Foot”, it’s owners, employees, agents, and operators in relation to the manner in which the Provider conducts an Activity.
7.3. Limitation of Liability
We become liable in cases of non-compliance with its contractual obligations that can be proven by the Customer during the interconnection Service. We are liable for damages resulting from non-fulfillment of its own direct and exclusive obligations.
If we become liable against a Customer, it will be responsible only for proven direct damages that the Customer suffered within the framework and throughout the contractual relationship and for all such events of up to 100 USD.
We cannot be held liable for indirect damages.
The present term applies regardless of the legal status of the claim, including negligence or violation of contractual terms.
Relevant notifications on behalf of any of the parties of the Agreement cannot be accepted if 6 months from the date of the incident have elapsed.
Without derogating the above, we are not considered liable for the below-mentioned cases:
- Act of a User, Customer, participant or Provider
- Events of Force Majeure
- Third party actions and mainly malfunction or non-operation, inability to access or difficulties in using the Internet.
- Losses arising from services other than the Service.
- In relation to the content, nature and features of the products / services provided by the Provider to the Customer.
ARTICLE 8 PERSONAL DATA PROTECTION – CONFIDENTIALITY POLICY
In relation to the rights and obligations that concern use and protection of personal data, Users are advised to consult the respective section on the Website.
ARTICLE 9 GENERAL CONDITIONS
In the event that one or more of the terms referred to herein become null and void by law, provision or regulation or are declared invalid following an irrevocable court order, then they are deemed to be non-effective. The rest of the terms remain in full force.
The fact that one of the contracting parties has not requested the implementation of a specific term, permanently or temporarily, is in no way considered a waiver on behalf of that party of the rights that arise from that term.
ARTICLE 10 APPLICABLE LAW – RESOLUTION OF DISPUTES
The present GTU are governed and interpreted according to the Laws of Israel. Any dispute relating to the interpretation, execution or termination of the present falls under the jurisdiction of the courts of Tel Aviv.
It is further clarified that independent agreements between Providers and Customers when booking Activities are governed by the legal framework applicable to each case under consideration.