KOSHER TRAVELERS TERMS AND CONDITIONS
When finalizing your travel arrangements with KOSHER TRAVELERS and completing/submitting a reservation form, KOSHER TRAVELERS requires each client (“Client” or “you”) to agree to the following binding terms and conditions (the “Agreement”). Please read this Agreement carefully. THIS AGREEMENT CREATES A BINDING CONTRACTUAL RELATIONSHIP BETWEEN KOSHER TRAVELERS AND YOU, THE CLIENT(S) IDENTIFIED ON THE RESERVATION FORM. For purposes of this Agreement, each guest listed on a Reservation Form shall be deemed a “Client”.
By signing your reservation form, providing KOSHER TRAVELERS with credit card or billing information, by paying a deposit to KOSHER TRAVELERS for the offerings, services or travel arrangements (collectively, “Services”) referenced on your reservation form or related collateral, or by otherwise being named as a ‘guest’ on a Reservation Form, you are accepting and agreeing to be bound and abide by this Agreement. For the avoidance of doubt, any digital signature on a Reservation Form or otherwise affirmatively accepting or agreeing to this Agreement shall constitute your acceptance of the provisions herein.
KOSHER TRAVELERS and its affiliates, owners, officers, agents, employees, contractors, and subcontractors (hereafter, “KOSHER TRAVELERS”) purchase transportation, hotel accommodations, food/restaurant services, and other services from various independent suppliers that are not subject to KOSHER TRAVELERS’ control. KOSHER TRAVELERS, nor any associate organization, agent, employee, contractor, or subcontractor shall be held liable for any act, default, injury, death, loss, expense, damage, deviation, delay, curtailment, or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to (a) by the act, neglect or default of KOSHER TRAVELERS, owners, officers, agents, employees, contractors and subcontractors, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers.
In addition, KOSHER TRAVELERS cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion, or any causes beyond the control of KOSHER TRAVELERS. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, KOSHER TRAVELERS is neither acting as principal or co-vender for any of the suppliers providing or offering the means of transportation and accommodation. To the extent KOSHER TRAVELERS shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodations.
Deposits and all payments may be made by wire payment or credit card (Visa, MasterCard, American Express) on any trip offered by KOSHER TRAVELERS. Unless agreed otherwise by KOSHER TRAVELERS, all guests shall pay the deposit set forth on the accompanying Reservation Form, and the balance of the fees at least 90 days prior to departure. If either the deposit or balance is not paid in a timely manner, KOSHER TRAVELERS may cancel your reservation at any time in its sole discretion.
Once KOSHER TRAVELERS has accepted a deposit for a KOSHER TRAVELERS trip, the reservation is guaranteed, except in case of “Force Majeure” events, including but not limited to fire, earthquake, labor dispute, act of a public enemy, public health crisis/pandemics, death, illness, or incapacity of a KOSHER TRAVELERS employee or independent contractor or any local, state, federal, national or international law, governmental order or regulation, any major events that adversely affect international travel patterns or events that endanger travelers, or any other event beyond KOSHER TRAVELERS’ control.
Although each trip is different and unique, and you should refer to the itinerary that is specific for your trip, KOSHER TRAVELERS’ trips will generally include the following basic components:
Costs that are not included are: International flights; airport taxes; passport and visa expenses; laundry, alcohol, and all items of a personal nature; expenses of guides, buses or cars for sightseeing not included in the itinerary; excess baggage charges; health, accident, baggage, and trip cancellation insurance; expenses incurred in recovering luggage lost by airlines, belongings left behind on a tour, and/or in shipping purchases or other goods home from abroad; gratuity to the hotel, cruise, train and restaurant staff as well as local guides and drivers for normal on-trip services or for any personal services when not specifically listed under tour inclusions; gratuity to the travel director; expenses due to the delay or interruptions of a trip for any reason, including but not limited to Force Majeure events.
You are responsible for obtaining any travel documents and/or verifying entry requirements necessary for each country of travel and/or transit on your selected itinerary. Entry laws differ with respect to each traveler’s citizenship. KOSHER TRAVELERS cannot obtain personal travel documents for customers or assume responsibilities for notice of countries’ current requirements. You are responsible for any expenses incurred as a result of the delays or itinerary changes related to your lack of appropriate travel documents. Additionally, KOSHER TRAVELERS is not liable or responsible for any Client being denied entry or exit to or from the travel destination based on lack of adequate documentation or required immunizations.
Please review your travel documentation carefully and advise us immediately of any errors in names, dates and timings, as an incorrect name on a booking or travel document may result in the booking being cancelled. It is your responsibility to ensure that you have accurate travel documents prior to travel. Refunds will not be issued for guests denied travel due to inability to present proper travel documents and/or by failing to arrive at the airport/cruise/train, etc. on time.
Prices include all items noted above and are based on current rates of exchange at the time your trip is confirmed by KOSHER TRAVELERS. There may be occasions where KOSHER TRAVELERS will need to alter or modify a Client’s trip components based on vendor operating days or changes in availability. If Client desires to alter, modify, postpone, or reschedule a trip or its components, Client shall not be entitled to a refund unless agreed to by KOSHER TRAVELERS in its sole discretion. If you make any changes to a portion of your trip after you have departed, such changes will be at your own expense. Refunds are not available for services provided in the trip prices not utilized by you. All monies paid by you to us will be our property and will be a debt due and payable the various travel service provider. You agree and acknowledge that such money will not be held by us on trust for you, and we may hold such money in any account we see fit, including co-mingling your funds with our own and/or with other client’s funds.
The cancellation policy applied to your KOSHER TRAVELERS trip shall conform with the terms on your Reservation Form. KOSHER TRAVELERS is not responsible for additional expenses such as airline cancellation fees, visa fees, vaccinations, purchases of clothing or equipment, or other expenses that may occur as a result of any cancellation. Where we incur any liability for a travel service provider’s cancellation fees or charge for any booking which you cancel, you agree to indemnify us for that amount of the fees that we are required to pay. In addition, if you seek a refund for a canceled booking for which payment has been made to a travel service provider, will not provide a refund to you until we receive the funds from that travel service provider.
KOSHER TRAVELERS does its best to operate all trips planned or listed, but operational circumstances and program aspects are outside of our control, and as such, we reserve the right to cancel a program for any reason. Should a program be canceled or inoperative we will inform you as soon as possible about the cancellation. Upon a cancellation for any reason, Client may be given a refund at the sole discretion of KOSHER TRAVELERS based on the circumstances. Note that if KOSHER TRAVELERS alters, modifies, postpones or reschedules Client’s trip or offers Client a travel credit or partial refund, such action does not constitute a “cancellation” of Client’s trip by KOSHER TRAVELERS.
Client acknowledges that any payment dispute which arises in connection with a trip should first be brought to the attention of KOSHER TRAVELERS prior to formally disputing a charge with Client’s credit card company. Any charges disputed with your credit card company, including in the event of cancelation or postponement of your trip due to Force Majeure events, will result in KOSHER TRAVELERS producing a copy of this signed Agreement to the credit card company notifying us of the chargeback of the payment in order to recover our fees.
KOSHER TRAVELERS does not purchase travel insurance on behalf of its clients. It is strongly recommended that you purchase a travel insurance protection plan to protect your intended travel. Client understands and agrees that, should Client choose not to purchase travel insurance or should Client purchase inadequate coverage for his/her trip, the Client will be solely and fully responsible for any costs, losses, or damages incurred in connection with the Client’s trip, including those relating to tour cancellation or interruption, loss or theft of personal property, medical expenses, and more.
All guests are expected to be in good health prior to travel. We consider our trips to be active and you should be in satisfactory health to participate. In addition, immunization requirements vary from country to country. Please consult your personal physician before making a reservation. By accepting this Agreement, you affirm that you have no medical conditions that would restrict you from participating in the trip. You also agree that if you experience any medical issues while on the trip, you will seek medical treatment immediately.
You understand and acknowledge that your travel in connection with, and participation on the trip facilitated by KOSHER TRAVELERS, may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, directors, employees, contractors, subcontractors, officers, or agents of KOSHER TRAVELERS or the negligence or participation of other participants, contractors, and/or subcontractors to KOSHER TRAVELERS. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and acts of nature. In furtherance of the foregoing ACKNOWLEDGMENT OF THE RISK section, Client confirms that: (i) he/she is physically and mentally capable of participating in the activity, and is willingly and knowingly electing to participate in spite of the potential risk of Injuries and Damages, and (ii) he/she willingly and voluntarily assumes full responsibility for any Injuries or Damages suffered by him/her, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, contractors or subcontractors of KOSHER TRAVELERS.
In consideration of the Services provided by KOSHER TRAVELERS, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless, and agree to indemnify KOSHER TRAVELERS, and its owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled vacation package and any activities conducted in conjunction therewith. KOSHER TRAVELERS’ maximum liability, for any reason whatsoever, will be limited to the amount paid to KOSHER TRAVELERS for its Services (per your Reservation Form). YOU SPECIFICALLY UNDERSTAND THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR SUBCONTRACTORS OF KOSHER TRAVELERS.
THIS AGREEMENT AND ANY ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ISRAEL, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. You hereby agree that any dispute arising from or relating to this Agreement, the brochure/flyer/website/invoice or any other literature concerning your trip, the trip itself, or any claim for damages due to injury or death which occurs during or in connection with the trip shall be resolved exclusively by binding arbitration conducted in Jerusalem, Israel. Such proceedings will be governed by the substantive laws of the State of Israel. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the State of Israel and have a minimum of fifteen (15) years of experience in civil litigation. The arbitrator so described will be mutually agreed by the parties.
To protect your personal data, we maintain appropriate technical and organizational measure. All Services provided under this Agreement (including any ancillary services such as booking platform access, traveler tracking, etc.) shall be considered an instruction to process your personal data.
The obligation of Client to make payment to KOSHER TRAVELERS according to the terms of the Reservation Form and this Agreement is not conditioned on Client’s satisfaction with the any Services rendered by KOSHER TRAVELERS. Client understands and expressly agrees that while delivery of the Services under this Agreement shall obligate Client to make payment, payment shall not be withheld, in whole or in part, due to Client’s subjective dissatisfaction.
KOSHER TRAVELERS expressly reserves the right to amend and update this Agreement at any time at its sole discretion. Client may not sell, assign, or transfer any of its rights or obligations hereunder, and any attempt to sell, assign, or transfer such rights or obligations without KOSHER TRAVELERS’ prior written approval will be null and void and constitute a material breach of this Agreement. All terms and conditions in this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors, and assigns. The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in /any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
Last Updated: March 2023
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