Following are the Terms & Conditions for using VELOLAND Bike Travel Ltd. website (http://www.veloland.co.il) (the "Website"). Clients should ensure they have read and understand all Terms & Conditions set out in the Website, prior to completing their reservation.
The terms the "Company", "we", "us" and "our" means VELOLAND Bike Travel Ltd. an Israeli company having its registered office at 12 Ha-Melacha St. Lod, Israel, and "the Client" or "you" means the person who is or on whose behalf the reservation with us is booked.
The use of the Website and any of our Services as such term is defined in section 1 below, are offered to you and are conditioned on your acceptance without modification of the terms, conditions and notices contained herein as they exist at the time the reservation is made. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. We reserve the right at any time, at our sole discretion, to change or otherwise modify these terms and conditions without prior notice, therefore you are kindly requested to return to this page periodically to review the most current version of these terms and conditions, and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this Website. If you do not accept all of these terms and conditions, please do not use the Website.
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Website in accordance with all terms and conditions herein. You also warrant that all information supplied by you or in using this Website is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this Website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
1. THE SERVICES
The Company is a tour operator that organizes group tours in Israel for bikers as specified on the Website ("the Services" or "the Trip"). Prices include provision of bikes, helmets and/or locks rental services (the "Rented Equipment") for the duration of each ordered Trip. If you use bikes and/or other Rented Equipment provided by us the terms of Section 20 herein-under shall also apply. The Trip does not include flight, which should be booked separately by the Client. It is the intent of the Company that bikers of the same bikers' club or of several bikers' clubs will joint together to form a group. It is advisable for each such group to nominate one of its members as point of contact with us, who shall also serve to coordinate all group members' flight arrangements (a focal point). It is each Client's sole responsibility to book himself/herself on the flight with the rest of his/her group members or on a flight that arrives approximately at the same time, to allow for and enjoy the transportation by the Company from and to Ben Gurion Airport (Israel's international airport). Individuals bikers are welcome as well, but as the Trips are for groups only, they will be required to contact us for joining a group that is being organized, and shall further be required to accommodate themselves to the date and time of arrival of one of the suitable (by language) then expected groups. After booking a reservation with us, you shall be required to book yourself a flight. The flight that you book has to arrive and depart on dates that corresponds to the Trip dates (i.e. that arrives on the day the Trip is planned to start and leaves on the date the Trip is planned to end), and preferably the same flight with the rest of your group. Some minor adjustments to tour itinerary may be made if the group's flight details are notified to us on time. Your flight details must be notified to us at least 45 days prior to your arrival. The itinerary of each Trip will be adjusted to suit the flight details booked by the majority of the group members. IT IS UNDERSTOOD THAT THE COMPANY CANNOT AND WILL NOT BE LIABLE TO THE FLIGHTS NOR TO ANY DELAY OR OTHER PROBLEM WITH THE FLIGHTS YOU BOOK.
It is agreed and declared that the Website is provided to allow Clients to plan, check availability and prices of our bike travel-packages and services and to make legitimate reservations or otherwise transact business with us, and for no other purposes. You understand that overuse or abuse of the travel services reservation facilities of this Website may result in you being denied access to such facilities. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these terms and conditions.
2. SPECIALS
From time to time the company, at it sole discretion, may release specials that may come out after you have paid a deposit for your Trip. Specials are offered by the company to stimulate the market and increase sales in low selling periods. They have various time limits and booking conditions. Should you wish to rebook using a special that has been released after you have made the deposit for your original booking, but prior to your departure, you will be liable for cancellation charges as described in section 9 below. You will also be required to adhere to all terms and conditions of any special being booked. Nothing in this section shall oblige the Company to release specials.
3. ELIGIBILITY
We require that Clients be at least 14 years of age (at time of departure) on all Trips. UNLESS EXPRESSLY STATED OTHERWISE, NO BOOKING FOR UNACCOMPANIED CHILD WILL BE HONORED.
4. RESERVATIONS
A minimum deposit of 10% of the total package price must be paid by the Client at the time of making a reservation. Deposit is non refundable. Higher deposits may be required in some circumstances, as specified in section 7 herein. The balance of the price must be paid no later than 8 weeks prior to departure. Bookings made less than 8 weeks prior to departure must be accompanied by full payment. To complete your reservation, you must notify us of your flight details at least 45 days prior to your arrival in Israel. Prices for our Trips are quoted as part of the Trip design process, and are not final until final payment has been received by us. The Company reserves the right to cancel reservations where the total price has not been paid by the due date. In this case, the Clients deposit will be forfeited to the Company. The Company reserves the right to apply a late booking fee for bookings made with 14 days of departure and an amendment fee for each alteration after the initial reservation. The Company recommends taking travel insurance policy that covers the loss of non-refundable deposit.
5. PRICES INCLUDE
- Accommodation on a Half-Board basis (i.e. lodging, breakfast & dinner).
- Transportation as per program (as specified in the itinerary).
- Packed lunches and entrance fees as mentioned in the itinerary.
* Please note that: (1) our prices are quoted in U.S. dollars; and (2) The Value Added Tax Law, 1975, allows the Services provided by the Company to foreign tourists to bear 0% VAT, accordingly the Services prices quoted in the Website exclude VAT.
6. PRICES DO NOT INCLUDE
Prices quoted in this Website do not include: booking of flights (as specified in section 1 above), travel-related goods and services that are not specifically stated above as included, including without limitation costs of telephone calls; internet access, laundry; entertainment arrangements not shown in the itinerary; meals and beverages unless actually specified; medical claims; travel and/or medical insurance; any other items of a personal nature.
Please note, that separate terms and conditions will apply to your reservation and purchase of any such non included travel-related goods and services that you select, even if their ordered from one of our suppliers. You shall be completely and solely responsible for all charges, fees, duties, taxes, and assessments arising out of your use and/or purchasing of such services.
7. SPECIAL TOURS & REQUESTS AND SPECIAL DEPOSIT REQUIREMENTS
The Company will accept special requests, on the understanding that, whilst every effort will be made to comply with the requests, under no circumstances will the Company guarantee the request. Some tours may be fitted to the Clients special requirements. In such case, the Company may require an extra amount for deposit or full payment earlier than 8 weeks prior to departure. It is the Clients responsibility to pay these amounts as requested by the Company. In addition, the Company, in the Clients request, may recommend the services of external travel companies or other support services in response to requests made by Clients for services outside of the scope of our Services. The Company will not be liable for any loss, damage or consequential expense incurred by the Client due to the failure of the Company to meet the Clients special request and/or for any third party service provider acts and/or omissions even if it was recommended by us.
8. ITINERARY VARIATION
While every effort is made to comply with all published itineraries and Client requested itineraries, the Company reserves the right to make changes to itineraries. In some cases, weather conditions and other unforeseen circumstances can necessitate an alteration in the tour itinerary. This will not constitute any basis for a refund.
9. TO CANCEL A RESERVATION
Cancellation of reservation must be made in writing. Cancellation charges will be determined according to the date the Company has received the cancelation notice as follows:
- Cancellation notice received 8 weeks or more before departure - the deposit will be forfeited or 10% of quoted gross selling price will be charged, whichever is the greater.
- Cancellation notice received less than 8 weeks but more than 5 weeks before departure, 25% of total holiday package Price will be charged.
- Cancellation notice received 5 weeks or less but more than 3 weeks before departure, 50% of total holiday package Price will be charged.
- Cancellation notice received 3 weeks notice or less before departure, 100% of total holiday package Price will be charged.
Please note, that in certain cases, where Clients cancel their reservation within 14 days of booking it, and provided that departure is not scheduled within 7 business days of the booking date, Clients may be subject to a lower cancellation charge, subject to the Company's actual incurred costs and cancellation charges and the law.
10. PREPARING FOR YOUR TRIP
Our Trips entail risks-and rewards-beyond those encountered at home. We strongly recommend Clients to ensure they are healthy and fit for travel; to read in the Website our pre-trip materials about clothing, training and medical requirements; and to appreciate that in Israel local living standards, practices, services and accommodations may differ from those in their home countries. If you are taking medicines on a regular basis, you are advised to consult your doctor and consider to equip yourself with medicines for the duration of your Trip. It is acknowledge that by sending a deposit toward a Trip, you certify that (1) you are in good health and do not have any physical condition or disability that would prevent you from participating in the Trip or creating a hazard for you or other group members; and (2) it will be your responsibility during the Trip to: (a) know how to operate the bike; (b) operate the bike in a manner appropriate to prevailing road and weather conditions; (c) wear a helmet and other protective clothing; and (d) know the relevant rules of the road and practice safe cycling.
11. TRAVEL & MEDICAL INSURANCE
Before going on a Trip, we strongly recommend to take out travel insurance including medical insurance to cover personal accident, medical expenses, loss of baggage and personal effects, loss of deposits or tour fare through delays, cancellations and other unforeseen events. Such Travel Insurance should be extended to cover sport activities, especially off road bike riding.
12. LIABILITY
Clients acknowledge and agree that the Company maintains no control over the operation of the Bikes by Clients and agree to be responsible for their own welfare, and accept any and all risk associated with the activities they undertake.
IN NO EVENT THE COMPANY AND/OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS AND DIRECTORS, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST BUSINESS, LOST SAVINGS, LOST DATA AND LOST PROFITS ("DAMAGES"), REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF A POSSIBILITY OF SUCH DAMAGES. IN NO EVENT THE COMPANY'S LIABILITY AND/OR THE LIABILITY OF ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS AND DIRECTORS, FOR DIRECT DAMAGES HEREUNDER AND/OR IN CONNECTION WITH THE SERVICES AND/OR HEREOF (WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY) SHALL EXCEED THE AMOUNT ACTUALLY RECEIVED BY COMPANY FROM CLIENT PURSUANT TO SAID RESERVATION GIVING RISE TO SUCH CLAIM AND DAMAGES.
WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, THE COMPANY SHALL NOT BE LIABLE TO THE CLIENT FOR: (A) ANY DEATH OR PERSONAL INJURY, ACCIDENT, DELAY, CONSEQUENTIAL LOSS OR OTHER IRREGULARITY EXCEPT IF IT HAS BEEN FINALLY DETERMINED BY A COMPETENT COURT HAVING JURISDICTION OVER THE MATTER TO HAVE BEEN CAUSED SOLELY AS A RESULT OF OUR RECKLESSNESS ACTS OR OMISSIONS OR WILLFUL MISCONDUCT; (B) ANY CHANGES, OMISSIONS OR DELAYS, BEFORE OR DURING THE COURSE OF ANY TRIP; (C) LOSS OR DAMAGE TO BAGGAGE (INCLUDING BIKES) AND OTHER PERSONAL EFFECTS, WHETHER TEMPORARY OR PERMANENT, HOWEVER CAUSED AND WHETHER DUE TO NEGLIGENCE OF ANY PERSON OR NOT; (D) ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER RENTED EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE.
NO LIABILITY FOR THIRD PARTY'S ACTS AND OMISSION: The carriers, hotels and other suppliers providing travel or other services for the Company are independent contractors and not agents or employees of the Company or its affiliates. The Company and its affiliates will not assume liability for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
13. INDEMNIFICATION
You shall defend and indemnify the Company and any third party providers and distributors against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Website and/or in connection with your acts or omission during the Trip.
14. UNUSED SERVICES
The Company will not be liable to give the Client a refund for any unused Services, irrespective of whether they form part of the basic inclusive holiday price, or whether they are in respect of pre-booked optional arrangements.
15. COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: Veloland Bike Travel Ltd. All rights reserved. The Company's logo is a trademark Veloland Bike Travel Ltd. Other product and company names mentioned herein may be the trademarks of their respective owners.
16. SEVERABILITY AND ENTIRE AGREEMENT
If any part of this terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These terms and conditions constitute the entire agreement between you and the Company with respect to the Website and any reservation booked with us and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Client and the Company with respect to the Website and/or any reservation made with us. Without derogating from the generality of the above, services which are provided to you by external travel companies or other support services (PayPal service in particular) ("Other Service Providers"), may be subject to separate terms, and these terms and conditions do not affect your legal relationship with any Other Service Provider.
17. PRIVACY POLICY
You acknowledge that you will provide us from time to time, with information about yourself which is of a personal nature ("Personal Information"). The Company respects your privacy. Information submitted to the Company by potential Clients will not be passed on to third parties unless those third parties are our suppliers or other support services hired by us in respect of your ordered Trip. The Client consents to the Company using any Personal Information for purposes of completing hotel bookings and travel related arrangements on behalf of the Client and marketing. If you wish not to receive any such marketing material from us - please write to the following address requesting not to be included in our marketing mailing lists: info@veloland.co.il.
We may contact you to provide information about Company's activities and specials that may interest you. When we send you such information by email, you will have an opportunity to decline further communication.
18. TRANSFER AND PUBLICATION OF MESSAGES
The Company may enable the transfer and/or publication of messages by those surfing on the Website. Such messages are the exclusive responsibility of those who send them and the Company and/or any third party shall not bear any responsibility on account of said messages. It is forbidden to post and/or send to the Website, or through the Website, any unlawful, immoral, or irrelevant material, idle data (spam and the like), incorrect and/or misleading data. Without derogating from the above, the Company shall be authorized, but not obligated, to remove or edit messages according to its exclusive discretion, provided that any such editing will not falsify the original content of the massage.
19. GOVERNING LAW
Any dispute of what ever nature or kind arising out of or in connection with these terms and conditions and/or the Services provided by the Company shall be governed solely by the laws of the State of Israel, excluding its conflict of laws principles, and submitted to the sole and exclusive jurisdiction of the competent courts in Tel Aviv, Israel.
20. BIKE RENTAL TERMS (If you travel with your own bike this does not apply to you)
The Company confirms that bikes supplied by Company to Clients (the "Bikes") are in proper operating status, and ready to ride. You must inform us at the time you receive the Bikes if it is damaged or not working properly. For the duration of the Trip we will maintain the Bike we provided for your use in a properly operating status.
You agree and shall be responsible for the Rented Equipment including without limitation the Bike, from the time the Rented Equipment is handed to you until the time it is returned, including any and all damage and theft of Rented Equipment. However, Clients will not be responsible for loss occasioned by the theft or damage of Bikes during the Trip when the Bikes have been stored in strict accordance with instructions provided to Clients by the Company, at overnight accommodation, in the accommodation provided by the Company or otherwise.
Rented Equipment is due back at the end of the last ride in accordance with the Trip itinerary. Late returns must be coordinated and may be subject to additional and/or and late fees.
You shall defend and indemnify the Company for any misuse, abuse or negligence by you that results in damage beyond normal wear and tear to any Rented Equipment that was provided to you (if provided) and subject to the exclusions set forth above, in the event the Rented Equipment or any part thereof is not returned or stolen.