Arik Private Tours
Last Revised: May 16th, 2022
Arik Private Tours In Israel Ltd., its subsidiaries and affiliates, d/b/a ‘Arik Private Tours’ (“Arik Private Tours”, “we”, “our”) welcome you (the “User(s)”, or “you”) to our primary website at https://www.private-tours-in-israel.com/ (the “Site”). Our Site offers basic information regarding our company and our booking services (“Service(s)” as further detailed below). Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
The Site is available only to individuals who (a) are at least eighteen (18) years old, and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. If you are using the Service for the benefit of and/or on behalf of any third party. You hereby represent that such a third party was made aware of these Terms.
2. The Site and the Services
Arik Private Tours offers its Users with an online platform through which Users can book tourism related services and/or products including tours, transportation services, and accommodation (collectively, the “Services”).
The Site may provide you with comprehensive information and news regarding Arik Private Tours, company overview, partners, news regarding our company including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”). In addition, the Site provides Users who sign up for our newsletter with certain services, for example, provide Users with updates via e-mail regarding the Company’s developments, new services, general content, etc. (the “Newsletter Subscription“).
THE CONTENT MAY INCLUDE THIRD PARTY CONTENT (e.g. INFORMATION PROVIDED TO US BY THIRD PARTY SOURCES), SUCH AS MARKETING MATERIALS, DESCRIPTIONS, PRICES, RELEVANT DEALS OF SUCH THIRD PARTY PRODUCTS AND SERVICES. SUCH THIRD-PARTY CONTENT IS NOT VERIFIED BY ARIK PRIVATE TOURS, DOES NOT BIND ARIK PRIVATE TOURS IN ANY FORM, AND ARIK PRIVATE TOURS CAN NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH THIRD-PARTY CONTENT. AS SUCH WE WILL NOT BE LIABLE IN ANY WAY FOR ANY THIRD-PARTY CONTENT. IN ANY CASE, WHERE SUCH INFORMATION CONTRADICTS OR IS INCONSISTENT WITH INFORMATION PROVIDED TO YOU BY THE PROVIDER OR SELLER OF SUCH GOODS AND SERVICES DIRECTLY, ONLY INFORMATION SUPPLIED BY SUCH PROVIDER OR SELLER DIRECTLY SHALL PREVAIL. ARIK PRIVATE TOURS IS NOT THE SELLER OR SUPPLIER OF ANY SUCH GOODS OR SERVICES AND HAS NO CONTROL OVER OR RESPONSIBILITY FOR SUCH GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE CONDITION, UTILITY PRICE, SUITABILITY, RELIABILITY, TIMELINESS, SAFETY, LEGALITY, AVAILABILITY AND/OR ACCURACY OF THESE GOODS OR SERVICES. AS SUCH, ARIK PRIVATE TOURS DO NOT HAVE ANY OF THE LEGAL OBLIGATIONS THAT APPLY TO THE SELLERS OR SUPPLIERS OF THOSE GOODS OR SERVICES.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED FOR ARIK PRIVATE TOURS OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. ARIK PRIVATE TOURS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN, AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SITE AND/OR THE CONTENT.
YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
Additional terms may apply with respect to certain features and/or products provided by Arik Private Tours. In case of any conflict between such terms and the Terms, the specific terms shall prevail.
3. User Responsibility
- 3.1. Tours in Israel. You are required to duly arrive at any Tour pick-up point at least 15 minutes prior to the time set for such Tour to begin. During the Tour, Operator’s drivers are not obligated to wait for you after the time set in each case by the relevant Operator’s representative. If you miss the pickup time, or the time set for arrival at other points during the Tour, the Tour may proceed without you and the Operator will not be held responsible nor liable for any compensation, refund, or damages caused to you as a result thereof. You hereby understand that in certain types of Booked Service, Operator’s arrival to pick up points may be delayed due to unexpected traffic or other external conditions which are neither under Arik Private Tours’ nor the Operator’s control. Any changes you wish to make to your Booked Service including change in pick-up location, and tour date, must be made in writing and confirmed by Arik Private Tours.
- 3.2. It is highly recommended that you will carry an active and charged cell phone from which you will be able at all times to receive and make local and/or international calls. You should provide Arik Private Tours with the contact number during the booking process. You hereby acknowledge that using your cell phone out of your country may impose special rates and costs. Arik Private Tours and/or Operators shall not be liable for and will not bear any costs or expenses in this and such usage shall be at your sole and exclusive expense.
- 3.3. It is hereby clarified that Operator and/or Arik Private Tours may, at its sole and absolute discretion, require you to withdraw, or otherwise suspend you from any Tour or other Booked Service, if your behavior is deemed to be offensive, violent, or to cause annoyance or significant discomfort to other participants or staff members. Operator’s right in this respect shall also apply in cases where you are not keeping a reasonable pace with the rest of the group in a way that is detrimental to the experience of other participants Arik Private Tours and Operator shall have no further liability for your carriage under such circumstances and you shall not be eligible for any refund or compensation.
- 3.4. All Services will be covered by insurance to be procured by the relevant Operator, if available. Nevertheless, Arik Private Tours and/or Operator recommends you to insure yourself against any and all personal health damages. In addition, Arik Private Tours and the Operator will not be liable for any loss/theft of personal belongings and recommends that valuable belongings shall be left at home. We strongly recommend that you purchase comprehensive travel insurance at the time of booking to protect against the risk of cancellation or interruption, loss of baggage, medical expenses, and travel delay.
4. Waiver and Release of Liabilities
- 4.1. During a Tour, it is likely that the Operator and/or anyone acting on his behalf, including drivers, tour guides and etc., will take certain photographs for advertising, publicity, and promotional purposes, and such will be published on social media or in other marketing materials, all subject to applicable privacy laws. If you do not agree to be photographed, please inform the Operator’s or Arik Private Tours’ representative as soon as possible, and in any event before such photographs are taken. You consent and agree that any photograph taken by the Operator, and/or Operator’s team and/or Arik Private Tours, may be used, adapted, reproduced, publicly distributed, or exhibited for the purposes mentioned above. You will not receive any compensation for any use of such photographs. You expressly release and hold harmless Arik Private Tours and its employees and contractors from any and all claims which you have or may have to arise out of the use, adaptation, reproduction, distribution, broadcast, or exhibition of such photographs.
5. Cancellation, Payment & Refund Policy
** Upon payment of the initial deposit you agree to the following Terms & Conditions**
** The Credit Card details will be kept in ‘Arik Private Tours’ records in case the client fails to meet the following conditions specified**
- A 15% deposit is required to confirm the booking. The deposit will be collected upon signing the contract by the client.
- 14 days before the tour due date, the 2nd payment of 85% will be collected from the client’s C.C.
- ‘Arik Private Tours’ reserves the right to postpone any of the payments to a later date, in case of a request to cancel the contract, any standing balance will be collected from the client’s C.C. All in accordance with the payment and refund policy.
This refund policy is valid under any condition including safety/security issues in Israel.
- For bookings canceled prior to 14 days of the tour, there will be an 85% refund from the total amount of the transaction.
- There will be a 50% refund for cancellations made within 14 days prior to the tour. Any standing balance will be collected from the C.C on file kept at Arik Private Tours’ company records.
Your Booked Service shall be deemed canceled only if you provide a written cancelation notice and refund request sent to Arik Private Tours with sufficient prior notice. Such requests are subject to Arik Private Tours’ official confirmation. All refund requests should be directed to Arik Private Tours via its e-mail address: [email protected]
6. Fees and Payments
Unless explicitly stated otherwise in writing regarding certain Tourism Services offered via the Site, all such Tourism Services prices do not include meals, beverages, entrance fees, accommodation, personal travel insurance or any other costs and expenses which are not stated under inclusions.
In certain situations, and with respect to Tours and/or Crossing Tours, and at the full discretion of the Operator, the order of sites can be changed, the order of days within a multi-day tour can be changed, and the location of overnight stays can be changed. You acknowledge that this is possible and you will not be entitled to claim any refund whatsoever in such circumstances.
7. Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Arik Private Tours’ sole discretion) in the termination of your use of the Site and/or Content and/or the Service and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Arik Private Tours, you may not (and you may not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Arik Private Tours or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Arik Private Tours endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Site infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Arik Private Tours on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, 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 Arik Private Tours’s proprietary rights, including Arik Private Tours’ Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Arik Private Tours’s prior written consent; (l) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content; (m) frame or mirror any part of the Site without Arik Private Tours’ prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Site; (o) transmit or otherwise make available in connection with the Site 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; (p) use the Site for any purpose for which the Site is not intended; and/or (q) infringe and/or violate any of the Terms.
9.Contacting us via the Site
In order to contact us and use the Site, you will need to fill out and complete our contact form available on Site. The contact form requires, inter alia, the User’s full name, e-mail address and telephone number. Additionally, you can optionally provide any text you wish to insert into the “message box”. You may also contact Arik Private Tours via the telephone, email, SMS, or WhatsApp correspondence, and via our social media accounts – Twitter, Facebook, Instagram and Skype.
10. Registration and User Account
Your Account is password protected. In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. Otherwise, we will not be able to provide you with the Service and to contact you when necessary.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Arik Private Tours. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such event, you must change your password immediately via the settings on the Site. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. If we in good faith believe you have created an Account impersonating another person you may be exposed to civil and/or criminal liability.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
12. Intellectual Property Rights
The Site, the Content, and Arik Private tours’ proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents, and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Arik Private Tours and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Arik Private Tours and its licensors.
The Terms do not convey to you an interest in or to Arik Private Tours’ Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Arik Private Tours’ Intellectual Property under any law.
To the extent you provide any feedback, comments, or suggestions to Arik Private Tours (“Feedback”), Arik Private Tours shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of Arik Private Tours’ current or future services, products or technologies and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Arik Private Tours to comply with any additional obligations with respect to any Arik Private Tours current or future products, technologies, or services that incorporate any Feedback.
13. Trademarks and Trade names
Arik Private Tours’ marks and logos and all other proprietary identifiers used by Arik Private Tours in connection with the Site (“Arik Private Tours’ Trademarks”) are all trademarks and/or trade names of Arik Private Tours, whether or not registered. All other trademarks, service marks, trade names, and logos that may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to Arik Private Tours’ Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
14. Linking to Arik Private Tours’ Site and links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products, and/or services by Arik Private Tours, and does not portray Arik Private Tours in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Arik Private Tours’ Site, you represent that your site does not contain content that is unlawful, offensive, or infringes third-party rights. However, we do not permit framing or inline linking.
15. Social Media Features
The Site may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, YouTube, Facebook, Instagram, and e-mail, etc.) (“Social Features“).
16. Advertisements, Promotions, Sponsorships, and Benefits
Arik Private Tours may accept and display via the Site advertisements, promotions, and sponsorships from third parties and may provide you with benefits provided via third parties. Please note that Arik Private Tours makes no warranties or representations concerning such advertisements, promotions, sponsorship, and benefits whether or not Arik Private Tours has control over them. Arik Private Tours may be entitled to certain shares of the earnings from such advertisements, promotions, and sponsorship. You agree, acknowledge, and consent that you will not be entitled to any compensation with respect to such monetary amounts. Arik Private Tours assumes no responsibility for such third party advertisements, benefits, and sponsorships and will not be liable for any damage or loss, cost, or expense incurred to you or any other person as a result of or in connection with third-party advertisements, benefits, and sponsorships
All the information contained in such advertisements and commercials belongs solely to the advertisers and Arik Private Tours makes no warranties or representations in respect of such, whether or not Arik Private Tours has control over such advertisements or commercials and these are provided on an “AS IS” basis.
ARIK PRIVATE TOURS AND/OR ITS REPRESENTATIVES ARE NOT OBLIGED TO NOR CAN THEY VERIFY THE ACCURACY OF INFORMATION REPRESENTED IN SUCH ADVERTISEMENTS. THUS, ARIK PRIVATE TOURS MAKES NO REPRESENTATION REGARDING THE ACCURACY OF ADVERTISEMENTS.
The Site’s availability and functionality depends on various factors, such as communication networks. Arik Private Tours does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
18. Changes to The Site
Arik Private Tours reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) or the Service without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site, may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Arik Private Tours shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein, and/or the Service. You hereby agree that Arik Private Tours is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
19. Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND ARIK PRIVATE TOURS, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “ARIK PRIVATE TOURS’ REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SITE. ALL DISCLAIMERS AND WARRANTIES REGARDING ANY SERVICES OF ARIK PRIVATE TOURS SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE SERVICES AGREEMENT BETWEEN ARIK PRIVATE TOURS AND EACH USER.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR THE SERVICE AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE, THE SERVICE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS OR BE FREE FROM MISTAKES AND/OR WILL BE EFFECTIVE, ACCURATE OR RELIABLE). ARIK PRIVATE TOURS AND ARIK PRIVATE TOURS’ REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
WE DO NOT WARRANT THAT THE BOOKED SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS AND THAT THE PERFORMANCE OF THE BOOKED SERVICE WILL ADHERE TO THE SCHEDULE PROVIDED IN THE SITE. YOU HEREBY RELEASE AND HOLD HARMLESS ARIK PRIVATE TOURS , ARIK PRIVATE TOURS’ REPRESENTATIVES AND THE OPERATORS FROM ANY DELAYS, BOOKED SERVICE CANCELLATION, INJURIES, DEATHS, OR ANY OTHER DAMAGE WHICH MAY ARISE DURING THE BOOKED SERVICE.
DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, YOU HEREBY ACKNOWLEDGE THAT ARIK PRIVATE TOURS CANNOT GUARANTEE THAT INFORMATION PROVIDED BY YOU VIA THE SITE WILL BE SECURED AT ALL TIMES.
YOU AGREE THAT USE OF THE SITE, THE SERVICE AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.
20. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL ARIK PRIVATE TOURS , THE OPERATOR, ARIK PRIVATE TOURS’ AND/OR THE OPERATOR’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE, THE SERVICE, THE CONTENT AND/OR YOUR PARTICIPATION IN BOOKED SERVICES, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF ARIK PRIVATE TOURS TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF ARIK PRIVATE TOURS OR ARIK PRIVATE TOURS’ REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ARIK PRIVATE TOURS OR ARIK PRIVATE TOURS’ REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, ARIK PRIVATE TOURS AND ARIK PRIVATE TOURS’ REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, THE SERVICE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO ARIK PRIVATE TOURS FOR USE OF THE SITE OR 1.00US$, WHICHEVER IS GREATER. YOU WILL NOT, AND HEREBY WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM ARIK PRIVATE TOURS’ REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Arik Private Tours , including Arik Private Tours’ Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use the Site, the Service and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site, the Service and/or the Booked Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
22. Amendments to the Terms
Arik Private Tours may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
23. Termination of these Terms and the Termination of the Site’s operation
At any time, Arik Private Tours may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to Arik Private Tours under any applicable law.
Additionally, Arik Private Tours may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Arik Private Tours does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification, and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and Arik Private Tours relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Arik Private Tours, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Arik Private Tours may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Arik Private Tours, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language..
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: [email protected]