Terms of Use
This English version is a translation provided for convenience only. In the event of any discrepancy, the Hebrew version shall prevail.
Terms and Conditions of Use – "Hevel Eretz" Website
Shlomi Lobaton – Hevel Eretz thanks you for choosing to browse the website operated at www.hevel-eretz.co.il (the "Website").
The Website allows the purchase and booking of tourism and touring services throughout Israel, such as rappelling tours, cave and sinkhole tours, tours for couples, family tours and more (the "Services" and/or the "Tours"). The Website also contains information about the Services and a blog with content and articles about tourism and travel (the "Content").
Use of the Website:
These Terms and Conditions constitute a binding agreement between you, whether as an individual or through a corporation ("you"), and the Website regarding browsing and using the Website on any computer or other communication device such as a mobile phone, tablet and the like. They also apply to use of the Website and/or related websites through an application or any other means. Please read these Terms carefully, as browsing the Website and performing actions on it indicate your agreement to the terms set out herein (the "Terms").
The Terms apply equally to all genders; any gendered language is used for convenience only.
Browsing the Website is permitted at any age. Purchases on the Website are intended for persons with legal capacity aged 18 and over only. A purchase by a minor under 18 requires the approval of a parent or guardian.
As a rule, browsing the Website does not require registration and it is open to all users. Without derogating from the above, the Website reserves the right to deny a user who has not registered access to certain services on the Website, for any reason, at its sole discretion, without prior notice and without being liable for any damage resulting from its decision.
If any provision of these Terms is found to be unenforceable or invalid for any reason, this shall not affect the legality, validity and enforceability of the remaining provisions.
User Representations:
When browsing the Website, you undertake and represent as follows: (1) browsing and use of the Website are at your sole responsibility; (2) the details you entered when leaving details and/or making a purchase on the Website are correct, current, accurate and complete; (3) if necessary, you will update any change in your details by contacting the Website; (4) you have legal capacity and agree to the Terms; (5) you will not use the Website through automated or non-human means, whether by BOT, script or otherwise; (6) you will not make unlawful use of the Website; (7) your use of the Website will not violate any relevant law or regulation.
The Website may prevent any user from using the Website at its absolute discretion. Without derogating from the above, the Website may block access to all or part of it if incorrect, outdated or incomplete details were knowingly provided.
Consent to Mailing, Publications and Advertising:
A user who has left details on the Website and has been added to its mailing list consents to the use of those details to receive marketing information, updates and advertisements sent by the Website from time to time.
The mailing provisions set out in these Terms below apply to a user who has left details as aforesaid.
You may not leave the details of another person on the Website without their consent and/or without their presence in front of the screen at the time, and after all the Terms have been explained to them.
When leaving details, the user will be asked to provide personal details such as first name, last name, telephone number and an active email address (at the Website's sole discretion). Providing partial or incorrect details may prevent use of the service and contact when needed. Any change in details must be updated on the Website.
It is clarified that there is no legal obligation to provide details on the Website; however, without them it will not be possible to receive marketing content and updates from the Website.
The Website will not use the details provided except in accordance with its Privacy Policy, which forms an integral part of these Terms.
Leaving details on the Website and consenting to receive marketing content includes, among other things, receiving marketing content and information about promotions, updates and discounts offered to registered users.
Such mailing consent constitutes the user's consent to receive advertising messages under the Communications Law (Telecommunications and Broadcasting) (Amendment No. 40), 5768-2008 (the "Communications Law").
The person who left details may remove themselves from the mailing list at any time by clicking "unsubscribe" or similar text at the bottom of any mailing, or by contacting the Website by email. As long as the subscriber has not removed themselves, the Website may, subject to the Communications Law, send them direct mail as aforesaid.
The information in the mailings does not constitute a promise of any result and/or warranty for any product and/or service offered.
The Website shall not be liable for any damage (direct or indirect), loss, distress or expenses incurred by a person who left details and/or any third party as a result of using or relying on any content, information, data, representation, advertisement, product, service etc. appearing in the mailings. Any such reliance is at the sole discretion and responsibility of the person who left details.
The mailings as a whole, including all the information in them, are offered as is and will be as accurate and correct as possible; however, the information may be incomplete or contain technical or other errors.
The user confirms that they will have no claim regarding advertisements displayed on the Website, including their placement. With respect to advertisements displayed on behalf of a third party, the Website has no involvement in the selection of the advertisements, the accuracy of their content or the order in which they appear.
Purchasing Services on the Website:
Services can be purchased through the Website conveniently, easily and securely. Purchases and bookings are made according to the tour schedule and availability of places.
Prices, availability and other purchase terms appear on the Website pages and may change from time to time. The Website reserves the right to change the range of Services or discontinue them, or to change the price of the Services offered on and off the Website, without prior notice.
When booking on the Website, you are responsible for providing correct, accurate, current and complete information. The Website may verify the details entered after a booking is made, and may cancel or limit the booking at any time. If payment was made for a cancelled booking, the Website will refund the amount to the same means of payment.
If, for any reason, the credit card company refuses to transfer payment for a purchase on the Website, the Website may suspend or immediately discontinue the service and may demand payment, plus any cost incurred by the Website as a result of the refusal (including third-party fines), by other means at its discretion. If the Website is forced to take legal action to collect outstanding payments, you undertake to indemnify the Website for all expenses incurred, including attorney's fees and other legal costs.
Purchases on the Website are subject to additional terms and restrictions of the credit card companies and/or any other means of payment shown on the Website.
The Website takes all the measures available to it and does its best to protect the privacy of its users and the confidentiality of the information entered. Notwithstanding the above, the Website shall not be responsible for hostile activity by outside and/or third parties, and therefore shall not be responsible for cases of credit card theft, and the customer shall have no claim and/or demand against the Website in this regard.
After approving the purchase of Services, the charge will be made and a purchase and booking confirmation will be sent by email or SMS according to the details entered by the purchaser when booking.
Bookings and purchases are subject to the availability of places on the Tours. The Website may limit the number of places sold for each Tour and/or stop selling places for a particular Tour at its sole discretion.
It is expressly forbidden to purchase Services for the purpose of trading in them, including resale. The Website may limit a user to purchasing a certain number of Services and/or places on Tours and/or one place per Tour, at its sole discretion.
From time to time, the Website may offer various promotions and discounts and change or discontinue them at any time, at its discretion.
Provision of Services:
Services will be provided subject to advance registration on the Website and completion of the purchase, and are conditional on a Tour taking place on the date and time in the tour schedule published on the Website.
The Service will be provided at the location and time specified in the booking at the time of purchase, after receiving a booking confirmation and ticket from the Website, and subject to presenting the booking confirmation when receiving the Service.
A ticket may be used only for the Tour and/or Service for which it was purchased. Each ticket is for single use only and cannot be used multiple times. A damaged and/or forged ticket will not be honored.
Payment and registration do not confirm that the Tour will take place. A Tour runs only once the required minimum number of participants is reached. If a Tour does not take place due to too few registrations, the customer will be notified up to 3 days before the departure date.
The Service will be provided at the Website's sole discretion, and the Website shall not be liable for any lateness and/or delay in providing the Service and/or failure to provide it as a result of force majeure and/or third parties and/or a technical fault and/or events beyond its control, including war, strike or lockout, sabotage, public disorder, an act or omission of a third party or restrictions imposed by it, laws, regulations, orders or other government directives, security restrictions, epidemic, lockdown, weather conditions or other circumstances beyond its control.
The Website may cancel and/or change tour dates for any reason at its sole discretion, including cancellation due to too few registrations, unavailability of dates and places, force majeure as detailed above, weather and the like, with advance notice to purchasers via the contact details they entered when booking. In the event of such cancellation, the Website will refund the payment for the Service to the means of payment used by the purchaser, or allow the customer to choose a new tour date at no additional cost.
Changes and Cancellations Policy:
A request to change or cancel a transaction should be sent to the Website via one of the contact methods listed at the bottom of these Terms.
Cancellation of a transaction will be possible according to the following provisions:
For a request to cancel or change the date 2–7 days before the tour – the customer will be charged ₪75 per participant;
For a request to cancel or change the date within 2 days (48 hours) before the tour – the customer will be charged ₪150 per participant;
For a request to cancel or change the date less than 12 hours before the tour, or in the case of a no-show and/or late arrival – the customer will be charged the full price per participant and will not be entitled to any refund.
Cancellation and refund will be approved once the customer receives a confirmation message from the Website.
Any refund will be made to the means of payment used for the purchase.
In any case where the Website gives a credit for the amount paid, the credit may be used for any attraction offered by the company within up to three months from the date of payment or three months from the date of the company's written approval of the credit.
The above is subject to the transaction cancellation provisions of the Consumer Protection Law, 5741-1981.
The Website's Liability:
The Services on the Website are provided for use as is (AS IS) and cannot be tailored to the needs of each individual. The user agrees that they will have no claim, suit or demand against the Website regarding the characteristics of the Services, their capabilities, limitations and/or suitability for their needs, and that use of the Website is at the user's sole responsibility.
The user agrees that use of the Website is at their sole and full responsibility. The Website does not guarantee that the content and services published on it will be complete, correct, lawful or accurate or will meet the expectations and requirements of every user. The Website shall bear no liability for any result arising from them, their use or reliance on them, including: (1) errors, mistakes and inaccuracies; (2) bodily injury or property damage of any kind caused by using and/or purchasing on the Website; (3) interruption of access to or from the Website; (4) any bug, virus, Trojan horse and the like that may be transmitted to the Website by any third party.
The information on the Website does not constitute a promise of any result and/or warranty for the Services sold. The Website shall not be liable for any damage, direct or indirect, caused to a user as a result of relying on information on the Website and/or in links to other websites and/or any other internal and/or external source of information and/or use of the Services presented by it.
The images displayed on the Website are for illustration purposes only.
The Website shall in no way be liable to a purchaser of a Service who is removed from a Tour due to violence and/or possession of dangerous materials and/or unlawful possession of a weapon and/or for any other reason. The purchaser shall have no claim against the Website if removed from a Tour and shall in no way be entitled to a refund of the amount paid for the Services and/or any other amount paid to the Website.
We hold appropriate insurance for all the activities and tours we run, including rappelling instruction, rappelling courses, cave tours, sinkhole tours and more.
Nevertheless, use of the Services sold on the Website is at the customer's sole responsibility, and the customer shall have no claim against the Website, its managers, employees or anyone on its behalf, and they shall not be liable, directly or indirectly, for any damage, including bodily injury, property damage, loss or theft of equipment during the tours or from vehicles in parking lots, or any other damage or loss caused as a result of using the Services and/or the content displayed on the Website, even if the Website warned, recommended or advised on a particular matter, and in no case shall the Website replace or bear the customer's responsibility. The customer bears responsibility and all risk and liability for damage and injury to their body and/or property and/or to the body and/or property of third parties arising from use of the Services.
The content displayed on the Website is provided for learning and enrichment purposes only, and any action taken following it is at the user's responsibility. The information and content do not constitute a promise of any result.
The Website shall not be liable for any damage (direct or indirect), loss, distress or expenses incurred by users and/or any third parties as a result of using or relying on any content, information, data, representation, image, video, audio, advertisement, product, service etc. appearing on the Website. Any such reliance is at the user's sole discretion and responsibility.
Privacy Policy:
The Website respects its customers' privacy.
In addition to the information you provide when registering, the Website collects certain information about the computer through which you visit and perform actions on the Website. The information is collected automatically (including through the use of "Cookies") and may include IP addresses, browser type, browsing and access times, browsing patterns and the device you use, details about your internet provider and the addresses of the websites from which you arrived (the information provided at registration and the information collected by the Website as described in this paragraph together: the "Information Collected on the Website"). The Information Collected on the Website may be used by the Website for the following purposes:
To provide you with services and improve the Website and/or the Services;
The proper operation of the Website;
To analyze and properly manage the Website;
To improve the Website's customer service;
To contact you or provide you with information about the Website or the Service;
To provide you with information you requested or additional information the Website believes may interest you, from time to time;
To tailor advertisements and commercial information to your personal preferences;
For Website representatives to contact you regarding the products the Website provides;
To conduct customer surveys and/or marketing research that the Website carries out from time to time.
The Website and/or anyone on its behalf will not disclose and/or sell any Information Collected on the Website to any third party, except to those on its behalf to whom it provides the information solely for the purpose of providing service and completing a purchase made on the Website, and who are also obligated to fully protect the confidentiality of that information.
Nevertheless, the Website and/or anyone on its behalf may transfer Information Collected on the Website to third parties (except sensitive information such as credit card details, ID numbers and the like) in any of the following cases:
You have given your prior written consent;
The Website and/or anyone on its behalf is required by law to transfer the information, for example under a court order;
To protect the legal and proprietary rights of the Website and/or anyone on its behalf with respect to this Website;
In the event of a legal dispute between you and the Website that requires disclosure of the details;
If you breach the Website's Terms or perform, through or in connection with the Website, actions that are or appear to be unlawful, or any attempt to perform such actions;
In any case where the Website believes that disclosing the information is necessary to prevent serious harm to the user's body or property or to the body or property of a third party;
Sharing with social networks such as Facebook, Instagram and others and other online advertisers such as Google, Taboola and others;
The Website may also transfer to third parties general statistical information only, which is not personal or private, about the use of the Website, such as the total number of visitors to the Website and to each page, and the domain names of visitors' internet service providers;
If the Website merges into the activity of another entity or is transferred to the ownership of another corporation, the existing information on the Website may be transferred to the new corporation, but only if the corporation undertakes to maintain this Privacy Policy.
It is important to remember that it is not possible to guarantee 100% protection against hostile and determined activity by outside parties; therefore these measures do not provide absolute security, and the Website does not guarantee that its services will be completely immune to unauthorized access to the information collected.
The right to request access to the information collected about you or the right to be forgotten: every user has the right to ask the Website for access to the information it has collected about them, or to request the deletion of that information. If you wish to request access to or deletion of such information, please contact us using the contact details at the bottom of these Terms.
Prohibited Activity on the Website:
You may not use the Website other than for the purposes for which it is intended. Use of the Website is permitted for private and personal purposes only and it may not be used for commercial purposes except as specifically approved by the Website.
As a user of the Website, you agree not to:
Retrieve data or other content from the Website to create or compile a collection, database or directory without prior written permission from the Website;
Make any use of the Website's designs;
Make unauthorized use of the Website, including collecting email addresses and the like by electronic or other means for the purpose of sending email by automated means;
Circumvent, disable or otherwise interfere with the Website's security, including using applications that prevent or restrict the use or copying of any content;
Defraud or mislead the Website and/or its users;
Misuse the Website's support services or submit false reports regarding use of the Website;
Make automated use of the system, such as using scripts to send comments or messages, or using data mining, robots or similar data gathering and extraction tools;
Attempt to impersonate another person and/or transfer your access details to another person;
Use information obtained on the Website to harass, abuse or harm another person;
Use the Website as part of any effort to compete with the Website;
Retrieve, decipher or reverse engineer any part of the Website, any feature or application on the Website;
Harass, intimidate or threaten any of the Website's employees or agents;
Delete the copyright or proprietary rights notice from any content or mark;
Copy or adapt the Website's code or any part of it, including but not limited to HTML, JavaScript, PHP, CSS, JSON or other code;
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including spam, that interferes with the use of the Website;
Perform any action that would harm or damage the Website, at the Website's discretion;
Use the Website in a manner inconsistent with the law, regulations and case law.
Without derogating from any other right, any use of the Website in breach of the above may result, among other things, in the termination or suspension of your rights to use the Website.
Third-Party Content:
The Website may use links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from Third-Party Websites ("Third-Party Content"). Third-Party Websites and Third-Party Content are not investigated, monitored or checked by the Website, and the Website is not responsible for any Third-Party Content published through the Website, accessed through the Website, available through the Website or installed on it, including the content, opinions, reliability, privacy practices or other policies of or contained in Third-Party Websites or Third-Party Content. Linking to, permitting the use of or installing any Third-Party Website or Third-Party Content does not imply our approval or endorsement, and the responsibility for following such a link lies solely with the user, who should check it before entering.
The Website takes no responsibility for any purchase you make from Third-Party Websites or other companies, which will be made and be valid solely between you and the relevant third party.
Website Management:
We reserve the right to: (1) monitor violations of these Terms; (2) take legal action against anyone who violates the law or these Terms, at the Website's sole discretion, including, without limitation, reporting the user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically possible) any of your contributions to the Website or any part thereof, at the Website's sole discretion and without limitation; and (4) manage the Website in a manner that protects its rights and property and facilitates its proper functioning.
Changes to the Website, Faults and Service Interruptions:
Without derogating from the above, the Website may change from time to time the structure, appearance and/or design of the Website and the scope and availability of the services on it, and may charge for certain content and services at its discretion. The Website may also change any other aspect of the Website, all without the need for prior notice.
Such changes will be made, among other things, in light of the dynamic nature of the internet and the technological and other changes occurring in it. By their nature, such changes may involve faults and/or cause initial inconvenience and the like. Users shall have no claim, suit and/or demand against the Website for making such changes and/or faults occurring in the course of making them.
The Website does not guarantee that its services will not be interrupted, will be provided regularly or without interruption, will be safe and error-free, or will be immune to unauthorized access to the Website's computers or to damage, malfunctions, faults or failures – all in hardware, software, communication lines and systems of the Website or any of its suppliers.
Intellectual Property:
All copyrights and intellectual property belong solely to the Website, or to a third party that has permitted the Website to lawfully use this content, including the Website's business partners.
You may not copy, distribute, publicly display, publicly perform, communicate to the public, modify, adapt, create derivative works from, sell or rent any part of the above, whether directly or through or together with a third party, in any way or by any means, whether electronic, mechanical, optical, photographic or recording, or by any other means, without the prior written consent of the Website or the other rights holders, as the case may be, and subject to the terms of such consent (if given). This provision also applies to any adaptation, editing or translation made by the Website of content entered or provided by users.
If such consent is given, you must not remove, delete or alter any notice or mark regarding intellectual property rights, for example the copyright mark © or trademark ®, accompanying the content used.
The trademarks, photographs, images, content and advertisements of the Website's business partners are the sole property of those advertisers and may not be used without the advertiser's prior written consent.
Copyright Infringement:
The Website respects the property rights of others. If you believe that information or content on the Website infringes property rights belonging to you, please contact us using the contact details at the bottom of these Terms.
Accuracy / Technical and Other Corrections:
The Website as a whole, including all the information on it, is offered to the public as is, and will be as accurate and correct as possible; however, the information may be incomplete or contain technical or other errors. The Website reserves the right to correct such errors and/or inaccuracies and to update the information on the Website at any time without prior notice.
Jurisdiction:
These Terms shall be governed exclusively by the laws of the State of Israel, without application of its conflict of laws rules.
The courts of the Central District shall have exclusive jurisdiction over any matter arising from and/or related to these Terms and/or legal disputes between you and the Website.
Indemnification:
The user shall indemnify the Website, its employees, managers, business partners or anyone on their behalf for any damage, loss, loss of profit, payment or expense incurred by them – including attorney's fees and legal costs – as a result of a breach of these Terms.
Termination:
These Terms shall remain in force while you use the Website. Without derogating from any other provision of these Terms, the Website reserves the right to deny any user the use of the Website (including blocking certain IP addresses), for any reason (without having to give a reason), at its sole discretion, without prior notice and without being liable for any damage resulting from its decision. The Website may also terminate your use of it and any content or information you have published at any time, without prior warning.
Miscellaneous:
These Terms constitute the entire agreement and understanding regarding the use of the Website. Failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver by the Website of the exercise of that right or enforcement of that provision. The Website may assign to others all or part of its rights and/or obligations under these Terms.
Contact Us:
The Website complies with the provisions of the law and respects the right of its users and others to privacy and a good name. If you believe that content harmful to you has been published on the Website for any reason, please contact us using the details below and we will try to handle your request as soon as possible. Requests may be sent by the following means:
Address: 6 Yoel HaNavi St., Rosh HaAyin;
Phone: 053-4595940;
Email: officehevele@gmail.com
All rights in these Terms are reserved to Daniel Bahari Law Offices; they may not be copied, reproduced or distributed.
Last updated: March 2024