Public Charter Rules and regulations
ISRAIR AIRLINES & TOURISM LTD.
operates, in the U.S. under the rules
and regulations of the U.S. Department of Transportation (“DOT”). Accordingly,
all monies paid for flights by U.S. originating passengers are
deposited, as part of the DOT’S consumer protection regulations in an escrow
account at Valley National Bank N.Y, our
depository bank, and are released to us only after the
performance of the relevant flights.
Also according to DOT’S rules, every
participant (passenger) in a charter flight originating from the
U.S. has to be presented with the
PUBLIC CHARTER OPERATOR-PARTICIPANT CONTRACT (“FLIGHT CONTRACT”) and sign it.
Below, please
find the FLIGHT CONTRACT in regard to ISRAIR'S flights from New York.
Your
purchase of flight ticket(s) shall be considered as your agreement to all the
FLIGHT CONTRACT’S terms and conditions. In addition you may be required, before
boarding the flight, to sign a hard copy of the FLIGHT CONTRACT at the
airport—
all that without
detracting from your acceptance of the FLIGHT CONTRACT’S terms and conditions by
the purchasing of the flight ticket(s).
PUBLIC CHARTER
OPERATOR-PARTICIPANT CONTRACT
This agreement sets forth the terms and conditions under which
we, ISRAIR AIRLINES & TOURISM
LTD. representative in the U.S. , located at 11 Sunrise Plaza, Suite 302,
Valley Streams, N.Y. 11580, telephone:
516-825-0966, fax:
516-825-0980, agree to provide you this charter flight in return for payment of the amount
indicated as the total charter price.
RESPONSIBILITY: We, as the principal, are responsible
to you for arranging and providing all of the services and accommodations
offered in connection with these charter flights, provided, however, that in the
absence of negligence on our part, we are not responsible for personal injury or
property damage caused by the air carrier, hotel, or other suppliers of any of
the services being offered in connection with the charter.
RESERVATIONS AND PAYMENT: Complete payment is due within 72
hours of reservation confirmation or in full if within 14 days of receipt of
reservation. Payment in full must accompany any application received less than
14 days before departure. A copy of this signed contract must accompany payment.
If the charter is fully booked when your reservation is received, your payment
will be returned within 7 days, or with your authorization, we can retain the
deposit and place your name on a waiting list in case other passengers cancel
their reservations. Even if you authorize us to put your name on a waiting list,
we will notify you within 7 days that your selected flight is fully
booked.
All checks, money orders,
and credit card payments must be made payable to Valley
National Bank, our depository bank, or to your travel agent, who in turn must
make his check payable to the depository account at the bank.
CHARTER
PRICE: The charter price
offered to you includes a charter flight (either a round or one-way trip) from New York to Tel
Aviv on selected charter
date(s).
Any tips or gratuities not specifically mentioned as included in
the total charter price will be at your discretion. Except for “major changes,”
as described below, no refund will be made for any accommodations or services,
which you voluntarily do not use, that are included in the charter price.
INSURANCE: Trip cancellation, health, and
accident insurance are available. We strongly recommend it. This important,
low-cost protection can save you money if you are forced to cancel or alter your
trip. If you are interested in receiving more information about this coverage,
please check the box marked “Insurance” on the reservation
form.
BAGGAGE: The
air carrier allows each passenger to bring 2 pieces of checked baggage,
each piece not larger than 62
inches/158 centimeters total (L+W+H) dimensions. Both pieces combined shall not be
heavier than 110 pounds/50 kilograms in total. Hand baggage shall be limited to a
total dimension of 45 inch/115 centimeters and shall not exceed a maximum weight
of 17 pounds/8 kilograms. Baggage within the prescribed weight allowance
exceeding the maximum dimensions will be charged a flat rate of $115 per piece.
Baggage exceeding the weight limitations shall be charged at $13 per one kilogram
(2.2
pounds). In case of excess of weight load of the aircraft,
it will be to ISRAIR’S absolute discretion to decide which passenger and baggage
will be carried and which passenger and baggage will not be carried on the
flight. A passenger who is denied boarding on the flight shall have the right to
cancel the ticket and receive a refund of the ticket fare. For INTERNATIONAL
flights, the air carrier’s liability is limited to the actual value of the
baggage but not more than $9.07 per pound in the case of checked baggage and
approximately $400 per passenger
for unchecked baggage. Unless the actual weight is entered on the baggage check,
each piece of checked baggage is presumed to weigh 20 kilograms and,
accordingly, ISRAIR’S liability shall be limited to $420 per piece.
AIRCRAFT: This flight will be performed by Boeing 767-300ER,
utilizing a 261 seat aircraft. The air carrier reserves the right to substitute
equivalent aircraft if necessary.
SECURITY AGREEMENT:
Your payments are protected in part
by a security trust agreement with Valley National Bank, 1040 Avenue of the
Americas, New York, NY
10018 and by a letter of credit issued to DOT.
Unless you file a claim with us, or, if we are not available, with the
securer within 60 days after the completion of the charter, the securer will be
released from all liability to you under the security
agreement.
CANCELLATION AND REFUND: If you cancel your reservations: Your
right to receive a refund is limited, as set forth in the following schedule.
All requests for refunds must be sent to us in writing.
If your notice is
received: 3 or more days before departure, you will receive a full refund, less
$250; and
if received within 3 days before departure, you will receive a $250
refund.
At any time, if we are able to resell
your seat(s) or if you are able to provide a substitute passenger, you will
receive a full refund, less a $25 administrative fee. Refunds will be made
within 14 days of receipt of your notice of cancellation.
The original section above was
written and was spaced as follows:
CANCELLATION AND REFUND: If you
cancel your reservations: your right to receive a refund is limited, as set
forth in the following schedule. All requests for refunds must be sent to us in
writing.
If your notice is received: You will
receive:
3 or more days before departure: Full
refund less 250$
Within 3 days before departure: $ 250
refund
At any time, if we are able to resell
your seat(s) A Full refund less 25$
administrative
fee
or if you are able to provide a
substitute: A Full refund less 25$
administrative
fee.
Refunds will be made within 14 days
of receipt of your notice of cancellation.
IF WE MAKE MAJOR CHANGES PRIOR
TO DEPARTURE: YOU HAVE THE
RIGHT TO CANCEL AND RECEIVE A FULL REFUND. The following are major changes: (1)
a change in the departure or return date, unless the change results from a flight delay experienced by the air
carrier (if, however, the delay is longer than 48 hours, it will be considered a
major change); (2) a change in the origin or
destination city, unless the change affects only the order in which cities named
in a tour package are visited; (3) a substitute of any hotel not listed in this
contract; and (4) a price increase of more than 10 percent occurring 10 or more
days before departure. In no event can we increase your price less than 10 days
before departure.
If a major change must be made in the program, we will
notify you within 7 days after first learning of the change, but in any event at
least 10 days prior to the scheduled departure. If, less than 10 days before
scheduled departure, we become aware that a major change must be made, we will
notify you as soon as possible. WITHIN 7 DAYS AFTER RECEIVING NOTIFICATION OF A
MAJOR CHARGE, BUT IN NO EVENT LATER THAN DEPARTURE, YOU MAY CANCEL YOUR
RESERVATION AND YOU WILL RECEIVE A FULL REFUND WITHIN 14 DAYS AFTER CANCELLING.
If a major change occurs after the departure of the flight, which you are
unwilling to accept, we will refund, within 14 days after your scheduled return
date, that portion of your payment that
applies to the services not accepted.
IF WE MUST
CANCEL THE CHARTER FLIGHT: WE WILL NOTIFY YOU IN WRITING WITHIN
7 DAYS OF THE CANCELLATION, BUT IN NO EVENT LATER THAN 10 DAYS BEFORE THE
SCHEDULED DEPARTURE DATE. We have no right to cancel the charter less than 10
days before departure, except for circumstances that make it physically
impossible to perform the charter trip. If that occurs, we will notify you as
soon as possible, but no later than the scheduled departure
date. If the charter is canceled, we will make a full refund to you within 14
days after cancellation.
The rights and remedies made available under
this contract are in addition to any other rights or remedies available under
applicable law. However, we offer refunds under this contract with the express
understanding that the receipt of that refund by a passenger waives the
additional remedies.
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