The following terms and conditions are in place to ensure that your trip will be worry-free and with full transparency regarding the company’s pricing, cancellation, and other policies.
Throughout this document “we” refers to Via Sabra Ltd./Israel4All Ltd., and “you” refers to any person who purchases or participates in a Via Sabra or Israel4All experience.
A binding contract is only entered after we have received payment from you, in cleared funds, of either the required deposit or the full experience price (depending on when the booking is made relative to the intended experience start date). By making a payment to Via Sabra/Israel4All you agree to the terms and conditions below and any additional documentation you may receive from us (collectively ”The Agreement”), including any additional terms and conditions from our suppliers which may be applicable to your trip. Throughout the Agreement we refer to “Services”. “Services” refers to the private or group tours, and all other services provided as part of the tours (including, among others, transportation and accommodation services, guide, activities, and use of website). Throughout the Agreement the terms “trip” and “tour” are used interchangeably.
It is extremely important to read all the documentation. The lead traveler (trip organizer) assumes the responsibility of sharing “The Agreement” with all travelers. Where a booking is made through a travel agent, the agent is responsible to provide a copy of “The Agreement” to the travelers. Via Sabra/Israel4All assumes no responsibility should the lead traveler (trip organizer) or travel agent fail to share the information with the members of the group. Notwithstanding the foregoing, if registration for a group is completed by the individual members of the group, or in the event of a group of families, the lead traveler for each family, each individual member, or lead traveler on behalf of his/her family, shall also be responsible for reading the Agreement and shall, pursuant to the provisions hereof, be bound by the terms hereof.
If you have any questions regarding “The Agreement” please contact us directly.
Via Sabra/Israel4All reserves the right to amend initial deposits, payment terms and cancellation policy. Via Sabra/Israel4All will provide notice should these policies change.
You may cancel your trip with Via Sabra/Israel4All at any time, subject to the cancellation terms set out below:
You hereby acknowledge that a booked tour may be cancelled, amended, or delayed due to circumstances which are not under our control (including force majeure events which prevent us from operating the tour). In such cases, we will make our best efforts to inform you in advance of such changes and make every attempt to minimize the impact of such cancellations, changes or delays on the costs, schedule, and your general services experience. Any cancellation by Via Sabra/Israel4All will be subject to the cancellation terms set forth below:
You agree that we may use service providers (drivers, tour guides, hotels, other providers of activities) to provide you with the Services. You are solely responsible for your communications and/or interactions and/or meetings with other third-party service providers, users, and/or the operator(s) resulting from your use of the Services and you shall take all reasonable precautions in such communications, interactions and/or meetings. We will not be liable for any negligent or willful act or failure to act of any such service providers, and you agree to seek remedy directly and only against those service providers. Under no circumstances shall Via Sabra/Israel4All be liable for the services provided by third party providers. The services are provided on “as available” basis. You acknowledge and agree to waive and hold Via Sabra/Israel4All 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 Via Sabra/Israel4All, that arise directly or indirectly with respect to your travel experience.
Via Sabra/Israel4All assumes no responsibility for any inconvenience or damage caused to you due to failure to comply with airlines or local laws or regulations, and the obligations under this Agreement. No liability for loss, damage or expenses will be assumed by Via Sabra/Israel4All where it is your fault, or due to the actions of a third party, or due to unusual or unforeseeable circumstances or events which Via Sabra/Israel4All, it’s representatives or vendors could not have anticipated or prevent with reasonable care.
By signing this Agreement, you acknowledge that neither Via Sabra/Israel4All 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 experiences, local ground handling, outdoor activity organizers etc. supplying any goods or services to the tour. While Via Sabra/Israel4All 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.
You agree to seek remedies directly and only against those third parties and not hold Via Sabra/Israel4All responsible for their acts or omissions. Via Sabra/Israel4All 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 you consumption of alcoholic beverages or illegal drugs or for any other reason beyond the reasonable control of Via Sabra/Israel4All.
In order to use our Website, you represent and warrant that: (a) you provide true, accurate, and complete information about yourself when required; (b) you maintain and will promptly update us to keep the information true, accurate, current, and complete; (c) you own or have the necessary licenses, rights, and consents to authorize us to use the Client Content, and you hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Client Content in conformity with this Agreement in connection with the Services; (d) your use of the Services does not violate any applicable law or regulation; (e) you may not authorize any third party to access or use the Website on your behalf; and (f) you are not permitted, nor may you allow any third party to copy, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Website, or any portion thereof.
You may not (and you may not permit any third party to), unless otherwise explicitly permitted under this Agreement: (a) use the Services for any illegal, immoral, unlawful and/or unauthorized purposes; (b) post any unauthorized or illegal content customarily referred as being prohibited; (c) use the Services for non-personal or commercial purposes without our express prior written consent; (d) remove or disassociate from the Website Content any restrictions and signs indicating our proprietary rights or of our licensors, including but not limited to any proprietary notices contained in such materials, and you represent and warrant that you will abide by all applicable laws in this respect; (e) interfere with or violate other Clients’ rights to privacy and other rights, or harvest or collect personally identifiable information about Clients without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use any other manual or automatic device, process or method to access the Services and retrieve, index and/or data-mine information; (f) interfere with or disrupt the operation of the Services or the servers or networks that host the Services, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (g) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your site, your business or any statement you make, or present false or inaccurate information about the Services; (h) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (i) bypass any measures we may use to prevent or restrict access to the Services; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use of, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, in any way or by any means, unless expressly permitted in the Agreement and/or under any applicable laws which expressly permits such actions; (k) frame or mirror any part of the Website without our prior express written authorization; (l) create a database by systematically downloading and storing all or any of the Content from the Website; (m) transmit, or otherwise make available in connection with the Services, any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (n) use the Services for any purpose for which the Services are not intended and/or (o) infringe and/or violate this Agreement.
We make no endorsement, guarantee, representation, or warranty of any kind with regards to the Website Content, the Client Content, or any other third-party content which may be available using the Services, and you expressly relieve us from all liability arising from your use of any of the Content and any content of a third party. We will not be liable for any damages or losses related to your use of the Services, and we will not become involved in disputes between Clients, or between Clients and any third party relating to the use of the Services.
It is agreed that the Services, trademarks, service marks, and logos contained therein, are owned by or licensed to us subject to copyright and other intellectual property rights under the law. We hereby grant you a limited, revocable, non-sublicensable right to use the Services (excluding any software code) solely for your personal use.
The Website’s availability and functionality depends on various factors, such as communication networks. We do not warrant or guarantee that the Website will always operate and/or be available at all times without disruption or interruption, be error-free, or be immune from unauthorized access.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES.
No Liability for Damages
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOST OF BUSINESS OR OF OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE SERVICES, INCLUDING ANY PARTICIPATION IN ANY TOUR, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO INSTANCE WILL OUR CUMULATIVE LIABILITY EXCEED THE HIGHER OF THE AMOUNT PAID BY YOU TO US OVER THE PREVIOUS 12 MONTHS AND USD 1,000 DOLLARS.
Abbreviation of Statute of Limitations
You agree that any cause of action arising out of, or related to, the use of the Services must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred. The provisions of this Section shall be deemed as a separate agreement regarding the shortening of the statutory period of limitations under Section 19 of the Israeli Statute of Limitations, 1958.
You have no obligation to give us any suggestions, ideas, enhancement requests, recommendations, comments, or other feedback (“Feedback”) relating to the Services. To the extent we receive any Feedback from you, we may use and include any such Feedback to improve the Services or for any other purpose. Accordingly, you hereby irrevocably, exclusively, and on a royalty-free basis, assign all such Feedback to us and our affiliates, licensees, clients, partners, third-party providers and other authorized entities may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback as it deems fit.
You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, employees, licensors, and agents, harmless from and against any claims, demands, liabilities, damages, losses, and expenses, including, without limitation, attorney’s fees and costs arising out of, or in any way connected with, (i) your access to or use of the Website; (ii) your violation of any term of this Agreement (including negligent or wrongful conduct); (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any data collected using the Website, or (v) your use of the Content. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section and, in such case, you will cooperate with all reasonable requests in assisting our defense of any such matter. You may not settle any claim for which we are entitled to indemnification hereunder without our prior written consent.
This Agreement will be governed by and construed in accordance with Israeli law without regard to conflict of law principles. Any disputes relating to this Agreement and the use of the Services will be subject to the exclusive jurisdiction of the courts of Tel Aviv. If any of the terms or conditions of this Agreement are deemed invalid or unenforceable for any reason (including, but not limited to, the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from this Agreement and the remaining terms will continue to apply. If any provision of this Agreement is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This Agreement is the final, complete, and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. No purchase order or other form submitted by you will modify, supersede, add to, or in any way vary this Agreement, unless specifically set forth therein. Our failure to enforce any right or provision of this Agreement, or failure to exercise any option to terminate, will not be deemed a waiver of such right or provision and shall not affect the validity of this Agreement or any part thereof, or the right thereafter to enforce each and every provision. Any waiver of any provision of any term in this Agreement will be effective only if in writing. Any notice or other communication to be given hereunder will be in writing and given (i) by us via email (in each case to the address that you provide), or (ii) by Client via email to [ ] or to such other addresses as we may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
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