general terms

1. Preface: By signing or receiving the Order Confirmation and Disclosure Form or providing payment information or utilizing any of the services, the Customer/Traveler/Participant expresses his/her full and explicit consent to all the terms set out in the Order Confirmation and the Terms and Conditions page, which together with the Service Provider Vouchers, constitute the full Agreement between the Customer and the Travelers on the one hand and Phototeva Ltd. [Bn 514883289] (hereinafter referred to as: “Phototeva”) on the other hand. Any claim that the Customer/Traveler did not read and/or rejected the terms of this Agreement prior to confirming the order, shall be dismissed.

2. Phototeva shall organize and carry out the trip, as well as book travel services for the Traveler (in accordance with the details specified in the Service Order) through travel wholesalers and service providers recognized as reliable and professional. Every order is subject to final approval of the wholesalers and service providers, and the Customer’s account shall not be charged until said approval is granted.

3. To be clear, until final approval is granted, the price set by the service providers may change. In the event of such change, the Customer may cancel the order free of charge.

4. Phototeva hereby guarantees to complete the order and execute the trip successfully; to provide the service providers with the relevant information required for the transaction; and to make sure the order matches the request. However, Phototeva shall not be held liable for any unforeseen disruptions and/or glitches that are not under its control, if such are caused by the service providers who are solely responsible for the services they offer, unless Phototeva was aware or should have known in advance about said disruption and/or glitch. Phototeva will, of course, do its best to assist the Traveler with any question, inquiry or complaint.

5. All information presented by Phototeva regarding the proposed services is based entirely on the information provided by the various service providers. Phototeva shall not be held liable for said information that originated from the service providers and was fully communicated to the Customer. Phototeva shall not be held liable for any damage caused to the Customer as a result of utilizing the services, including: flights, commutes and other means of transport, accommodation, sites, expeditions, extreme outdoor facilities, attractions and catering services.

6. If the Traveler has a special request, Phototeva guarantees to forward it to the service provider, but cannot guarantee its fulfillment, unless the Traveler receives confirmation in writing that the request shall be accommodated. When a special request included in the Service Order concerns essential requirements pertaining to the Traveler’s special needs, Phototeva will inquire with the service provider whether said request can be accommodated, and relay the answer to the Traveler prior to final approval of the Service Order. If the Traveler is not granted final approval for the request, in whole or in part, his/her account shall not be charged until approval is granted by all service providers through which the service was ordered.

7. For some destinations, certain terms differ from those that appear in this Agreement, depending on the destination. In any case of discrepancy between the Service Order and/or the itinerary and/or any other document, the terms appearing in this Agreement shall apply to the Service Order.

8. Pregnant women must announce their condition prior to registration. Women who are over 24 weeks pregnant must present a doctor’s certificate in English from a gynecologist confirming normal pregnancy and suitability to board the flight. Women who are over 27 weeks pregnant cannot board a flight. For cruise vacations, a similar doctor’s note is required until week 22 and after week 22 pregnant women cannot board the cruise.

9. Flights: If flights are offered, they are the sole responsibility of the various airlines. Hours, dates and flight numbers, airlines and routes (including layovers) may change, sometimes without notice. Phototeva shall not be held liable for such changes and therefore cannot accept requests for refunds and/or reimbursements for changed flight schedules and/or flight cancellations and/or additional hotel expenses incurred on the Traveler due to postponed flights, missed nights at a hotel, additional meals, etc. The aforesaid in this Section does not preclude the Traveler from taking any legal action against the airline for such changes. Of course, Phototeva will assist the Traveler in any effort to exercise the latter’s rights vis-à-vis the airline.

10. In the event that the Traveler does not return with the rest of the group, the Traveler must confirm the return flight within 72 hours before departure, and look out for changes in the flight schedule. Confirmation of the flight can be done through the local liaison offices at the relevant destination. Keep in mind that the offices are closed on weekends. The Traveler must arrive at the airport 3 hours before take-off. Phototeva shall not be held liable for any loss of luggage or delay in its arrival. Please pay attention to the terms of the flight ticket regarding baggage allowance. Call your travel agent the day before departure to check if any changes have been made to the flight details and provide your contact information for updates, in case any are forwarded by the airline to Phototeva.

11. In rare cases where a Traveler and/or part of the group has to take a different flight due to over-booking and/or any other reason given by the airline and/or the airport authority and/or another figure, the airline guarantees to make every possible effort to minimize the inconvenience caused to the Traveler, in accordance with the law. Flights are subject to the restrictions specified in the airline tickets and it is recommended to review them.

12. Reservations meals constitute requests only and Phototeva shall not be held liable for any non-delivery of said service. Phototeva guarantees only to forward the request to the airline in accordance with the airline’s procedures. Some charter flights don’t serve any food at all and/or offer food for additional charge. Phototeva will pass on the information available to us.

13. The Traveler is welcome to inquire regularly with the guide and/or the Phototeva staff regarding baggage allowance and maximum weight. Phototeva shall not be held liable for any loss and/or delay and/or damage caused to baggage. The trip cannot be delayed in such a case. Excess baggage may result in unnecessary expenses.

14. Accommodation: Hotel ratings are set by the local Ministry of Tourism in each country and cannot be compared with accommodations in other countries. If the Traveler faces a problem, he/she must contact the accommodation staff and/or local service provider and/or Phototeva guides or office in order to find a suitable solution in real-time during the trip. The Traveler must act in good faith, cooperate and, if necessary, minimize the damage by all reasonable means.

15. To be clear, the quality of the hotel and food services may vary based on the destination and itinerary, and may fall short of the standards the Traveler is accustomed to in western countries. In some destinations, the hotel/ lodging infrastructure may be poor and the food dull and limited.

16. In the event of overbooking, the travel wholesalers reserve the right to transfer guests to alternative accommodations of similar or higher quality located as close as possible to the originally booked accommodation.

17. The hotel and/or service provider are solely responsible for room allocation and/or the upkeep of the accommodation facilities and/or service, including air conditioning and heating systems and operating hours. Phototeva will make sure to forward any special request from the Traveler to the service provider or hotel, but by no means guarantees its fulfilment unless approved in writing. If a special request concerns an essential need of the Traveler pertaining to his/her unique condition, Phototeva will inquire with the service provider whether said request can be fulfilled, and notify the Traveler as to the results of said inquiry before final order confirmation.

18. A lone Traveler will be housed in a room with another Traveler from the group and no claims of incompatibility shall be accepted. Any Traveler who seeks a single room must book it in advance for an additional charge. Phototeva does not guarantee to accept or confirm a single room reservation for every Traveler that requests it. There may be exceptional cases where a Traveler who booked a single room is housed for a small portion of the trip in a double room with one or two other Travelers. In this case, Phototeva will refund the said additional charge for the single room, for those days that it was denied of the Traveler.

19. Some of the services offered by the hotel are seasonal and do not operate year-round. Phototeva shall not be held liable if one of the services is inactive, unless Phototeva provided misleading information to the Traveler in this regard or refrained from providing information or conducting an inquiry even though the Traveler requested it.

20. Phototeva shall not be held liable in the event of a nuisance caused by renovations and/or construction at or near the hotel, provided that at the time of booking Phototeva provided all information available to us regarding said nuisance.

21. In rooms designated to accommodate more than two people, the additional guests will usually get less comfortable beds, perhaps even folding beds or sofas beds.

22. Room allocation is done by the hotel, and Phototeva has no control over it. In some cases, the Traveler might receive a room of lesser quality than the general level of accommodation in the hotel or the rooms assigned to other Travelers. It is not possible to reserve a certain wing or floor or room.

23. In most cases, the list of hotels as known to Phototeva at the time the order is made shall be specified in the Disclosure Form and updated as needed before departure. However, there may be last-minute changes, including at the destination itself, for reasons that are not under Phototeva’s control.

24. In the event that a flight arrives at the destination in the early morning or departs in the late evening, Phototeva will do its best to ensure early check-in into the rooms or late check-out. In any case, Phototeva does not guarantee to provide the rooms immediately upon arrival or ensure late check-out from the rooms before the return flight.

25. Other services offered at hotels such as sauna, jacuzzi, gym, TV, movies, room service, parking, internet, fax, tennis courts, parasols, swimming pool towels, massage and so on will incur an additional charge. Before using certain facilities, guests must inquire with the hotel whether the use is free of charge. Please ask the hotel which of the services mentioned are offered at no extra charge. Phototeva shall not be held liable for any such incurred payments.

26. The hotel management may temporarily close facilities and/or discontinue any kind of service at any time, and Phototeva shall not be held liable for such situations unless it was aware of the issue ahead of time or should have been aware.

27. Tours, Treks, Attractions, Sites, Restaurants and Other Services: Phototeva guarantees to successfully complete the order, submit the relevant information to the service providers and ensure that the order matches the Customer’s needs, but shall not be held liable for unforeseen disruptions and/or glitches and/or dissatisfaction with the services that are not under its control, if such arise on the part of the service providers, for they are solely responsible for providing said services. Phototeva will, of course, do its best to assist the Traveler with any question, inquiry or complaint.

28. While Phototeva will present available options to the Travelers and direct them to the appropriate places, the Traveler is solely responsible for services that are booked independently and not included in the tour package.

29. Documents, Passports and Visas: The Traveler is responsible for issuing a passport, extending its validity and obtaining visas and/or transit visas. The passport must be valid for at least 6 months from the date of departure and throughout the entire stay abroad. Some countries requires a visa in it is the responsibility of the traveler to obtain all needed information and permits that will allow entering the country of destination according to the laws and regulations that apply to each passport holder . To be clear, if the Traveler does not sort out these matters he/she may not be able to leave and/or enter the destination and/or other destinations and will shall bear full responsibility for it.

30. The Traveler must make sure the name in the Order Confirmation matches the name in the passport and that the visa for the destination is valid for the duration of the trip. The Traveler must review the travel information immediately upon receipt from Phototeva; and make sure that he/she has all the relevant documents; and that the details listed therein match the order.

31. Prices: The Customer can secure the quote offered for his/her order, only if the payment for the trip has been completed. The prices of services for which final approval is given at the time the order is made are final. If the price of any service that didn’t have final confirmation at the time the order was made is changed by the service providers, the Customer may cancel the order at no extra charge.

32. The information featured in the Phototeva website is dynamic and changes from time to time. This information does not constitute consultation and is not final, but rather based on the details knwon at the time from the service providers. Therefore, the information should not be regarded as absolute and/or binding. Accurate and up-to-date information will be provided shortly before completion of the order and only the information that appears in the Order Confirmation and Disclosure Form is binding.

33. Insurance: The traveler must purchase a comprehensive and extended insurance policy that covers all the activities during the trip. Which covers (but not limited to): personal insurance, baggage insurance, full adventure travel insurance, including medical evacuation from remote and dangerous areas and subsequent treatment, as well as trip cancellation insurance. Also, each trip may requires specific extensions in accordance with the trip’s activities, like: winter sports, water sports etc. (the name of each extension can vary depended on the insurance company).To be clear, Phototeva does not insure or provide insurance coverage for participants. Participants must purchase full insurance coverage for all the regular and extreme activities expected on the expedition

34. Participation in the Trip: Phototeva may require a doctor’s certificate as a precondition for signing up for the trip. Phototeva may reject an order request and/or turn down a Traveler who is unable to withstand the planned trip or is very likely to cause disruptions. The same applies to the right to discontinue the participation of a Traveler whose behavior or health condition prevent him/her from participating in the trip or may put himself/herself, the guide or other participants at risk. This decision is at the sole discretion of the tour guide, in consultation with the relevant figures in Phototeva, pursuant to Section 6 of the Tourism Services Law, which states that a person engaged in a tourism service may not deny service in their business field on unreasonable grounds, and in accordance with the Prohibition of Discrimination in Products, Services and Entry into Public Places – 2000. In such a case, the Traveler shall bear the cost of said disruptions.

35. Prior to registration and during the trip, the Traveler must announce any physical and/or mental and/or other limitation which may hinder his/her ability to participate. The Traveler acknowledges that Phototeva’s approval of his/her order is predicated on the fact that, in the absence of such notice, the Traveler suffers from no limitation that could hinder his/her participation in the trip. Any problem and/or expense resulting from the Traveler’s physical and/or mental condition shall be incurred only on the Traveler, who understands the nature of the activities and the inherent dangers of the trip and declares that he/she is competent in every respect, primarily health-wise.

36. Any destination country (especially those that require a travel visa) may refuse, at any stage (before the trip or after departure), the entry of a Traveler into its territory. Phototeva will not be able to reimburse the Traveler since this area is not under its control and Phototeva can in no way affect any decision on the matter.

37. To be clear, in some cases it might be necessary to replace the staff. The number and identity of staff members and tour guides can vary based on the considerations of Phototeva, the local service provider, the number of participants in the group and other conditions.

38. The Traveler hereby declares and acknowledges that he/she is part of a group traveling together. In other words, the Traveler guarantees to be patient and tolerant towards all participants, to cooperate and follow the instructions of the trip organizer, whether in regards to the other participants or anything else, and all the more so in a foreign country, with different customs and codes of conduct. Furthermore, the standards, reliability and quality of travel services in certain countries may fall short of those found in Western countries.

39. The trip schedule is of the utmost importance. It will not be possible to wait for those who are tardy and sluggish. The Traveler guarantees to report to the group’s assembly point at the scheduled time lest he/she may be deemed to have waived his/her right to participate in the planned activity. If the Traveler is unable to do so for reasons beyond his/her control, he/she must notify the Phototeva staff or one of the members of the group, so that it is clear that he/she is going to join shortly. If a Traveler chooses to travel alone, he/she is solely responsible for this. If the itinerary includes independent hiking in the field, the Travelers must ensure that they know how to get back to the group’s rendezvous point.

40. Updated details, information and an overview of the trip and destination will be provided at a meeting to be held prior to departure. Participation in this meeting is vital for the success of the trip. In trips that depart without a preliminary group meeting, written explanations will be provided and/or a preliminary phone call will be made.

41. If possible, a final list of hotels booked for the trip will be presented before departure. However, there may be last-minute changes, including at the destination itself, for reasons that are not under Phototeva’s control.

42. Damage Liability: Every Traveler must take this into account that disruptions that occur at the destination or any other factor may alter the conditions in the field. Phototeva shall not be held liable for any damages caused to the Traveler due to falling, accidents, illnesses, hospitalization, medical expenses, damaged baggage or gear, failure to perform or incompetence, inconvenience or any direct or indirect damage that may be caused to the Traveler during the trip. To be clear, Phototeva shall not be held liable for any damage caused to the Travelers’ equipment in general and photography equipment in particular.

43. The Traveler acknowledges that he/she is participating in a challenging and difficult trip in remote countries where tourism, rescue, evacuation and medical services fall short of western standards; that the trip entails unique and difficult conditions that he/she is unaccustomed to; that he/she accepts the risk involved; and that he/she alone shall bear the cost of any damage caused to him/her.

44. The trip may entail extreme activities including but not limited to: walking many miles for days in harsh conditions, climbing mountains thousands of meters high where oxygen is scarce, walking through forests and jungles, crossing bridge; hiking in extreme weather conditions, crossing rough terrain, difficult climbs, long treks, crossing streams; approaching volcanos, geysers, waterfalls, encounters with dangerous and predatory animals; cruising and traveling in extreme weather, extended stays in high altitude with low oxygen, crossing river rapids; horseback riding, ziplines, rappelling, crossing glaciers, ice climbing, entering caves, tunnels and craters; climbing to the mouth of a volcano, walking trails threatened by volcano avalanche; extreme ice karting, riding for days on snowmobiles in subzero temperature, dog sledding, karting and other activities that are challenging and dangerous by nature.

45. Participants must come prepared for the trip, both mentally and physically. On trips that include acclimatization to high altitudes – when climbing the body must adapt to the drop in oxygen level which reduces the oxygen level in the lungs and bloodstream. Some climbers suffer from altitude sickness and some don’t. This cannot be anticipated in advance and a hiking in high altitudes is very dangerous. Therefore, every Traveler must examine their fitness before signing up to the trip and there is no way to guarantee that a hiker will reach the mountain peak.

46. To be clear, there will be no reimbursements for unutilized services and/or trips that end early due to illness, injury, or any other reason. The Traveler shall have no claim of any kind, monetary or otherwise, with respect to the services against the Phototeva, its employees, its messengers, its representatives or anyone on its behalf. The Terms stipulated in this document are binding and no one, not even on behalf of Phototeva, is authorized to accept any violation thereof.

47. Phototeva and/or its representatives shall not be held liable for any financial losses and/or additional expenses incurred due to delays, changes or cancellations and/or due to the group’s slow pace. The Traveler shall bear the cost of such losses and/or financial expenses.

48. Phototeva reserves the right to make changes to the trip itinerary if deemed necessary and/or desirable for its successful continuation and/or for other reasons. There may certain sites listed in the itinerary of each trip that cannot be visited. Phototeva is not obligated to provide a refund to the Traveler due to such changes.

49. Phototeva will make every effort to carry out the plan as intended, but there may be changes depending on the airlines, local service provider, permits from local authorities, weather conditions, photo opportunities in the field, the guide’s discretion and other factors. In any case, the guide in the field shall have the final say on the matter. Phototeva cannot guarantee photo opportunities or sightings of any particular animal, occurrences of natural phenomena or anything else that is not entirely under Phototeva’s control. Therefore, the order, duration and execution of activities can be subject to change. The final decision on such changes shall be made by the local guides and the Phototeva staff. Any change, delay or omission shall not constitute grounds for any claims against Phototeva.

50. Much of the routes and tourist sites include dangerous sections. In these sections, any Traveler who ignores the warnings of the Phototeva representative is doing so on his/her own peril.

51. As customary in all Phototeva trips, the itinerary will include independent hikes where Travelers can wander on their own in the field. Travelers must understand the inherent dangers, exercise judgment and be fully responsible for their safety.

52. To be clear, it is hereby acknowledged that the Customer and/or Travelers are solely responsible for any financial and/or other damage caused by an action or omission on their part during their stay abroad, such as: Damage to the hotels, vehicles, sites and people. The Customer and/or the Travelers guarantee to pay for the damages and compensate the injured party immediately upon receipt of this demand.

53. Traveler Composition: A wide variety of people from all walks of life, ages, genders, background and religious denominations participate in the trip. Any trip is open to the general public, without any limitation as stated above.

54. Duration of Trip: The duration of the trip includes the day of departure and day of return, in accordance with the flight schedules of the various airlines. The days of the trip are counted from the day of departure to the day of return, even when departure is in the afternoon or evening and return is in the morning. In the event that the trip is extended due to a change in flight schedule or other unexpected changes, the Traveler will be charged an additional fee based on the actual added costs.

55. Health, Medication and Vaccines: The Traveler must notify Phototeva of any physical and/or mental and/or any other limitations that may hinder his/her participation in the trip. The Traveler is obligated to disclose this information under the Insurance Contracts Act. Pregnant women must have a doctor’s certificate in English confirming normal pregnancy and suitability to board the flight, pending the airline’s approval. The Traveler must inquire as to the need for medication and vaccines for the destination and bring his/her personal medication according to his/her own needs and habits. The Traveler is responsible for getting the necessary vaccines according to the instructions of the Ministry of Health, including its Travel Clinics Directive. Phototeva is prohibited from providing any medical recommendations.

56. Natural Phenomena, Weather Conditions, and Force Majeure: Phototeva shall not be held liable for various weather conditions and/or other conditions that are not under its control and may lead to changes to the itinerary or cancellation of activities. Phototeva shall not be held liable by the Traveler in respect of such cancellations and/or changes at any time, as a direct and/or indirect result of force majeure, strikes, blockades, civil unrest, fires, flooding, bad weather, uprising, war, terrorist activities, military operation, invasion, rebellion, epidemic, volcano eruption, disease, robbery, theft, boycott, arrest, technical malfunction or any other hindrance caused by force majeure.

57. Cancellations: As stated in the Order Confirmation and Disclosure Form.

58. Phototeva may cancel the order and/or transaction and/or trip at any time if the number of participants does not reach the minimum amount and/or the service providers withdraw their offer – provided that the Customer receives a full refund.

59. Phototeva is not obligated to provide a refund for services unutilized by the Traveler unless said services were not utilized because of a failure on the part of Phototeva.

60. If the Traveler encounters a problem, he/she must contact the service provider immediately in order to find a suitable solution without delay. If no solution is found, the Traveler must immediately contact Phototeva so that it can provide real-time support. The Traveler must act in good faith, cooperate and, if necessary, minimize damage by any reasonable means.

61. Refunds: In the event that the Customer is entitled to a refund, it shall be paid at the same currency rate the Customer was charged. There will be no refunds for services or parts thereof that were not utilized abroad, unless the Traveler followed the service providers’ instructions featured in the voucher/voucher cover. Phototeva will forward the various refund requests to the service providers.

62. Receipt of Travel Documents: The Traveler must review the travel documents as soon as they are delivered by Phototeva, and make sure he/she has all relevant documents, and that the details listed therein match the order. In the event of any discrepancy, please contact Phototeva immediately.

63. The Traveler must inquire with the Phototeva and/or the guide as to the recommended daily amount of money to bring, depending on the destination and his/her needs.

64. Disputes: The Tel Aviv District Courts shall have sole jurisdiction to adjudicate any dispute between the Parties, regardless of the place of the signing of the Order Confirmation or the Traveler’s place of residence. Any dispute and/or conflict and/or claim and/or demand of any kind in connection with the travel services and/or these.

65. Statute of Limitations: The Traveler hereby acknowledges that within two years after the end of the trip, he/she will not be entitled to make any claim against Phototeva, be it in with respect to this legal contract or any tort claim. This term shall be regarded as such that sets the limitations period to two years only, in accordance with Section 19 of the Statute of Limitations – 1958.
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