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Joombofly – General Terms and Conditions for Bookings
A. Company Details:
Starfly Ltd., Reg. Comp. No. 79-006519-7
(Hereinafter: “the Company” or “Joombofly”)
Joombofly.com is an Internet-based tourism trade site for flights, tour packages, land arrangements and other tourism services (hereinafter: “the Website”)
1.1. The following terms and conditions and limitations of liability, together with the details of the booking, will serve as the booking contract between the customer and Joombofly (which operates the www.joombofly.com website). By making a booking, the customer accepts all the terms and conditions and undertakings set forth in this document and in ancillary documents.
1.2. Joombofly is a travel agency that markets various tourism services (hereinafter - “the Various Services”) to the private retail customer via the Website. Joombofly operates as an agent on behalf of its customers with the various providers, and thus bears no responsibility or liability whatsoever for the provision, nature, or quality of the Services booked through it, their consistency with the booking, or changes in the final price, unless the fault is on account of an act or omission committed by the Company.
1.3. Joombofly does not itself actually provide any of the services included among the Various Services, and all the Services offered are purchased for the customer and on his behalf, from the providers of the Various Services, such as airlines, package tour organizers, various ground service providers, hotels, car rental companies, etc. that organize or provide the Services themselves (hereinafter: “the Various Providers”), and are subject to their terms and conditions and discretion.
1.4. Joombofly undertakes to skilfully execute the order according to its details and the customer’s demands, to accurately convey any information that it knows, or should know, about the Services being booked, to provide the Service Providers with the information relevant to the transaction, and to ensure that the booking corresponds to the order placed.
1.5. All the information related to the Various Services provided to the customer, such as flight times, airline and airplane details, terminal, etc., is taken directly from the Various Providers and is their responsibility. The Company undertakes to provide and present to the customer any material and updated information or representation in its possession, as received from the Various Providers, and any information that it knows or should know about the Various Services. However, the Company cannot be responsible or liable for the actual veracity of the information received from the Various Providers.
1.6. Joombofly will not be liable for any disruption or unexpected failure in the supply of the Services booked that are not under its control, including due to force majeure, cessation of airline operations, emergency situations and military tension, etc., if they occur in the course of the provision of the Services, unless it knew, or should have known, in advance, of the actual malfunction or disruption, including with respect to any failure to comply with special requests made by the customer, unless said failure is due to its act or omission.
1.7. By clicking the “Complete Order” button on the Website, the customer accepts all the terms and conditions and obligations detailed in this document. A booking cannot be cancelled even if final confirmation of the booking has not yet been received. Once the “Complete Order” button is pressed, the Company will be entitled to guarantee its ability to debit the customer’s credit card, by sequestering a portion of the credit card’s credit limit, to the amount of the cost of the booking.
1.8. Booking some of the Various Services is subject to confirmation of the booking by the Various Providers, of which the Company is unaware at the time of booking, and which is not guaranteed. At this stage, when final written confirmation of the booking has not yet been issued, the booking constitutes a “Waiting List” or a “Booking Request”, meaning that it is awaiting confirmation from the Various Providers with respect to the price and availability of the Services offered. Until final confirmation of the order, Joombofly may, at the request of the Various Providers, change the price of the booking and its terms and conditions. In such an event, the customer may cancel the Booking Request without charge.
1.9. After the “Booking Request” has been completed, a booking number will appear on the screen. Save this number and present it in any enquiry or contact with Joombofly. Immediately at the end of the booking process, you will be sent an email with details of the Booking Request and additional instructions. If you do not receive an e-mail message, check the spam / junk mail folder, and contact Joombofly immediately.
1.10. In general, orders placed on the Website are approved within a period of up to about 3 hours. Placing an order on the Website is conditional upon the customer’s consent to wait up to a maximum of 24 hours for the order to be approved by the Various Providers. An order cannot be cancelled even if the order has not yet been finally confirmed. A customer who does not wish to wait for this period of time, will not be able to place orders on the Website. If final confirmation of the booking is not issued (in whole or in part) or flight tickets are not received by the customer within 24 hours from the time of the Request, the customer may cancel it by email, free of charge.
1.11. After final confirmation of the booking and the debiting of the customer’s credit card, Joombofly will transfer the travel documents to the customer according to the contact details provided when the booking was made, and no later than 48 hours after the charge was created. If the first flight time relevant to the booking is less than 48 hours from the time of the charge, the documents will be sent immediately.
1.12. Orders placed less than 12 hours before the departure time will be confirmed, charged, and ticketed only when the customer contacts an agent via email or Facebook, and actually confirms the order, or if the customer receives a voucher/confirmation or flight ticket via email.
1.13. At the Company’s demand, the customer will provide his telephone contact details or be available to receive email for the delivery of notices and material information related to the booking, which will be always available, from the time the booking is made until the flight itself (including the return flight, if booked). The Company will not be responsible or liable for changes, or the consequences thereof, if the passenger cannot be located, or if the passenger did not read the messages sent to him.
1.14. The customer will notify the Company as soon as possible of any discrepancy in the supply of the Services booked, in order to enable the Company to deal with any such problem.
1.15. If, while booking on the Website, credit card details have been entered but the booking process was interrupted, or the Website stops responding, or a “Booking Request” order confirmation email with a reservation number is not received, or no confirmation / airline ticket is received, the booking process must be suspended immediately, and Joombofly must be notified by email or by Facebook. In any event, a repeat / additional booking should not be made for fear of double booking. Joombofly will not be liable for double booking cancellations, and the Customer will bear the cancellation charges, if applied by the Providers. Joombofly undertakes to act vis-à-vis Providers to reduce the costs.
1.16. Joombofly may cancel any flight, hotel stay, package, or parts thereof, and any other Service, for any reason that is not dependent on the Company, no later than 14 days, which are not days of rest, prior to the departure date. In such an event, the Customer will be offered alternatives for him to choose from. If the alternatives are not acceptable, the customer will be fully reimbursed for any payment or advance payment that has been made. It is agreed that the customer will have no claim and/or demand of any kind against Joombofly in this matter.
1.17. The Joombofly Website may include links to other websites that offer various tourism services. Joombofly will not be responsible or liable for the information, materials, products, or services included or accessible through such websites. All the services offered will be by direct contractual engagement between those websites and the customer, according to the purchase and price terms and conditions of those websites, and at their responsibility and liability. The customer will be the one to use such websites, and does so at his own risk.
1.19. According to the authorities’ and the airlines’ instructions, every passenger must, without exception, present himself for an outbound flight with a passport valid for at least six months from the scheduled date of return.
Payments and Refunds
1.20. The price is as of the moment of publication on the Website, and may change during the booking process, until the time of payment. The same applies to price quotes for changes to routes and schedules. These are correct as of the moment when they are given, and with them as well, price and availability are determined by the Suppliers and are subject to their final confirmation.
1.21. All prices of the Various Services appearing on the Joombofly Website include all taxes and levies, and everything necessary to book the Services included therein, according to the terms and conditions of the Booking.
1.22. Charges are applied in your local currency. Reservations may be paid for with ordinary credit cards or with debit cards. A variable rate credit commission will be applied to payments processed with ordinary credit cards.
1.23. Joombofly will charge $70 per ticket and/or passenger, in addition to the cancellation/change fees applied by the Providers, as a handling fee for cancellations not covered by the Consumer Protection Act, and changes made at the customer’s request as detailed below.
1.24. It is emphasized that if it transpires that the customer has the right to a refund in respect of his Reservation, the refund will be made only after the Service Provider actually transfers the funds to Joombofly, following which the money will be immediately refunded to the customer as stated. Shekel refunds of charges denominated in foreign currency will be executed at the official exchange rate on which the transaction was executed.
1.25. For every credit or refund, to any of the credit cards used in the order, on account of cancellations or other refunds, Joombofly will deduct and offset from the refund an additional $2 per credit card as a credit transaction cancellation fee.
2.1. In general, the Customer has the right to change, cancel, or add to his Booking, all subject to the Providers’ guidelines (airlines, service providers, etc.) and the agreements in this document.
2.2. Cancellations or changes to orders will be executed subject to the Ticket Rules, and the policies of the airlines or Various Suppliers.
2.3. For each passenger or each flight segment in the Booking that is changed or cancelled, Joombofly will charge an additional $70 US per passenger / segment as a cancellation processing fee, in addition to cancellation or change fees applied by the Providers and Ticket Rules, if any.
2.4. Notwithstanding the foregoing, on “Low Cost” flights, full cancellation fees will be charged at the cost of the ticket, from the time of the order.
2.5. Any request to change or cancel a flight will be forwarded to Joombofly in writing. Changing the details of the Booking is tantamount to cancelling the booking and making a new reservation, for all intents and purposes. Joombofly does not guarantee that it will be possible to execute modifications to the dates, destinations, or customer names, and these matters are subject to the Providers’ policies and the terms and conditions under which the tickets were ordered.
2.6. If it transpires that the customer has a right, in accordance with the determination of the airline or the Provider, to receive reimbursement from the airline with respect to port taxes, due to the cancelation of his flight, the customer will fill out a request form for reimbursement of port taxes. Joombofly will forward this application form to the airline. It is emphasised, that the refunds, if any, are subject to the airline’s decision, and will be returned to the customer only after the airline actually transfers the funds to Joombofly. Joombofly will charge, as abovementioned, up to $40 per passenger and flight segment, as a handling fee for such application.
2.7. All customers may cancel any reservation based on the booking terms and airline policy. Joombofly customer service will connect the airline and will act to realize the customer's rights as stated.
2.8. Joombofly undertakes to act reliably and devotedly vis-à-vis the Various Providers and airlines, to reduce or eliminate the cancellation fees and/or change fees as much as possible and will act to forward all refunds due to the customer including any refund of port taxes. It is again noted that cancellation and change fees are determined by the Various Providers, and any change in them is subject to their decision. Joombofly undertakes to work diligently vis-à-vis the Service Providers to secure the payment of all refunds due to the customer and will immediately transfer all the funds returned by the Providers, to the customer, except for the aforementioned handling fees.
2.9. There may be changes or cancellations of Bookings, or some part thereof, because of events arising from “force majeure”, bankruptcies of Suppliers and airlines, acts of war, etc. It is hereby clarified, that Joombofly will not be liable for, and will not be able to comply with, any request for a refund owing to such events. Refunds for changes or cancellations will be subject to the Providers’ refund policy. Joombofly undertakes to act reliably and devotedly vis-à-vis the Various Providers and to assist its customers to the best of its ability.
2.10. In case of cancellation of a flight by the airline, for any reason, and the customer will be entitled to a refund from the airline for his booking, Joombofly will charge a total of $ 35 per ticket as a handling fee. The refund will be delivered to the customer only after it is actually received from the airline. It will be clarified that the refund to the customer is conditional on the receipt of the refund from the airline and will be in accordance with the airline's policy.
2.11. The customer must arrange appropriate travel insurance, as comprehensive and extensive as his needs require, including any personal and luggage travel insurance policy. Cancellation or modification of a Booking in case of, God forbid, hospitalization or death of a first-degree relative, and the attendant refunds, are subject to the policy applied by the Providers and airline companies, and to their instructions. Joombofly will not be responsible or liable for, and will not be able to comply with, any refund request, or the consequences that may result from any failure to secure such insurance. Joombofly undertakes to act reliably and devotedly vis-à-vis the Various Providers, and to assist its customers to the best of its ability.
3.1. The provisions of the Montreal Convention will apply to the air transport of the passenger and his luggage.
3.2. Airline tickets are valid for the destinations and times noted on them. The policies of the airline / Provider or flight organizer for each and every ticket, including changes and cancellations and the costs thereof (hereinafter: the “Ticket Rules”), are detailed on the airline’s websites and reservation systems. Any change or cancellation of destinations / dates / names / routes is subject to these policies. Joombofly cannot change an airline’s or a Supplier’s rules or policies. These Rules will be available to the passenger at any time. At the passenger’s request, Joombofly will provide the passenger with all the relevant Ticket Rules, and will find out for the passenger, at his request, what the Ticket Rules are, as well as the changes and cancellations policy and their costs, and will assist in this matter as requested.
3.3. The Joombofly Website offers flight combinations from different companies and sources. Although it may be one reservation on the Website, the flights booked are separate sub-orders from each Supplier. In such a combined order, each flight segment and each passenger will be ticketed separately. Each segment / component of the order will be considered a separate transaction, and there will be no connection between the segments in any matters related to flight cancellations or changes. It is hereby clarified, that cancellation of one flight by the customer or by the airline / Supplier is not binding on, and does not relate to, the other flight segments ordered and ticketed by other airlines, which will stand as separate tickets in their own right.
3.4. The flight organizer and the air carrier have the right to change the details of the flights after the order is placed, including the exact dates, routes, and the identity of the airline that actually carries out the flight (it is noted that landing for refuelling purposes is not construed as a “layover”), subject to applicable law. The provisions of this Clause do not deny the passenger any lawful remedy in respect of the change, including, in the event that the law permits it, cancellation of the transaction.
3.5. Joombofly will not be liable for indirect damages caused to the customer as a result of delay or cancellation of air transport, which are the responsibility, and under the control, of the airline, including delay / cancellation due to “force majeure” or due to the termination of the airline’s operations.
3.6. The passenger’s rights with regard to any delay, cancellation, or early departure of a flight are set forth in detail in European Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights, and repealing Regulation (EEC) No 295/91 (Text with EEA relevance) – Commission Statement. Joombofly undertakes to inform the passenger of his rights, and to assist him in receiving said benefits under the law, and at the request of the passenger, to contact the flight operator, organizer, or any agent thereof to exercise their entitlement to such benefits in accordance with the provisions of said law.
3.7. The flight details appearing on the airline ticket are those that are binding with respect to the terms and conditions of the reservation. The airline may make cancellations or changes to the dates or route of a flight. The airline will notify you of these changes through us, or directly per the contact details you left on the Website at the time of the Booking. The airline may also offer you alternatives to your flight. You are not obligated to accept these offers. Please contact us to review your lawful rights, as well as so that we may propose any additional alternatives, if any.
3.8. Early check-in and flight confirmation – Early check-in may often prevent missing a flight or other mishaps. Some airlines require early check-in, and charge an additional fee at the airport if a passenger fails to check-in early. The passenger undertakes to check-in early on the airline’s website, if the airline facilitates this, and to thereby verify the final flight times. On charter flights, which do not facilitate early check-in, it is necessary to confirm each flight according to the instructions, by using the phone number on the flight ticket, 72 hours prior to the flight departure time. Joombofly will not be responsible and/or liable for any flight missed due to any failure to check-in early, or resulting from any failure to confirm the return flight.
3.9. The passenger must check-in early for all regular flights, including “Low-cost” flights. If the passenger is not successful in checking-in early on the airline’s website, he must immediately contact Joombofly’s call centre. The passenger must check the final departure time of his flight on the website of the airport from which the flight departs, or on the airline’s website, or by contacting the Company. Joombofly will not be responsible and/or liable for any flight missed due to failure to check-in early or resulting from the customer’s failure to perform such enquiries.
3.10. Airlines and state immigration authorities have various policies regarding any passenger who does not have an entry visa for an intermediate destination on the flight route or lacks flight tickets for subsequent flights and/or return flights. Airlines and immigration authorities may prevent the passenger from boarding a flight to the destination country, or bar his entry to the destination country, if the passenger does not have an entry visa for the intermediate destination, or a ticket for the subsequent flight, or a return ticket, and this is subject to the exclusive discretion of the airlines and immigration authorities with respect to each flight route / destination (and regardless of entrance visa). The passenger himself must check and verify all requirements on this point employed by the airlines and final and intermediate destination countries regarding his specific situation. Joombofly will find out for any passenger, at his request, what the policies of the airlines and of final and intermediate destination countries are and will assist each passenger on this point as requested. Joombofly will not be responsible or liable for any missed flights resulting from any failure to conduct this inquiry by the passenger.
3.11. Connecting time /Stopover on airline tickets with more than one a flight segment is determined and under the responsibility of the carrier/airline or handling airport company. The passenger must be aware of the connecting time between his flights and adapt his needs and abilities, and, if required, to choose more suitable flights. Joombofly will not be responsible or liable for any missed flights resulting from any failure to conduct this inquiry by the passenger.
3.12. Passengers must report to the flight check-in desk at least three hours before the flight for international flights, and two hours before the flight for domestic flights. It is hereby clarified for the passenger’s benefit, that security and screening procedures are not carried out by Joombofly, and therefore are not dependent on it.
3.13. Failure to turn up for a flight may result in the immediate and automatic cancellation of any connection flight / return flight, if any, as well as the imposition of a fine by the airline. If the passenger does not plan to board the outbound flight, or a subsequent flight on his route, or failed to turn up for the flight, he must immediately report this to Joombofly, so that we can try to preserve the return flight ticket or any subsequent flights further along the route. In any event, refunds due to non-appearance, or cancellation / retention of a connecting flight or return flight tickets, including refunds, if any, will be subject to airline policy and their discretion.
3.14. At the demands of various airlines, women who are 22 or more weeks pregnant must report to the flight with an appropriate medical certificate attesting to the health of the pregnancy, in English, including that there is no reason that they should be prevented from boarding the flight. Arriving for a flight without such medical certificate may result in the air crew refusing to allow the pregnant passenger to board the flight. Women over 27 weeks pregnant are not allowed to fly. In any event, in accordance with international conventions and treaties, the discretion regarding the participation of a pregnant woman on a flight is exclusively reserved to the flight captain, who may refuse to permit a pregnant woman to the board the flight even if she has presented him with such a certificate. The Company undertakes to maintain the privacy of the customer, and will not provide such information other than for the purposes of processing.
3.15. Joombofly will transfer to the airline, to the extent possible, any special request made by the customer, but it does not undertake in any way that the request will be complied with, unless it was originally defined as a material request by the customer, due to his special needs, and as a condition of the Booking, and was approved by the carrier jointly with the Booking confirmation, and was expressly recorded on the airline ticket.
3.16. Various airlines have different policies and definitions regarding the in-flight services, and regardless of the definition of the flight as a regular flight, low-cost, or charter flight. Sometimes there may be differences in services provided even on the same flight and depending on the ticket class. On “Low Cost” flights, charter flights, and on some regular flights, partial service is given for a payment, with respect to all or some of the following services: Early check-in, luggage, seating, meals, and entertainment. Early seating is not guaranteed and is subject to Providers’ and operators’ policies. Detailed information regarding the in-flight services appears on the Website at the time of Booking, on the search and results pages for the selected flight and with the appropriate marking, as well as through our representatives, and on the airline’s website.
3.17. The passenger may add early seating / a preferred seat or luggage to his booking in consideration of an additional charge. These orders can be made on the Website or with the help of Joombofly service representatives, during or after the booking, or on the airline’s website, or at the airport. On orders through Joombofly, the Company will charge fees per item / passenger, as applicable.
It is possible that the customer may be able to select his seat, or book luggage free of charge by directly booking with the airlines. The cost of some of the services available for purchase at the airport may be higher than if purchased earlier on Joombofly’s Website or on the airline’s website. Joombofly undertakes to perform inquires for a passenger’s benefit, and at his request, regarding the in-flight services and conditions, and regarding the purchase options and costs thereof.
3.18. In any event in which a customer performed early check-in, and early payment for luggage independently on the airline’s website, he must bring the boarding pass and confirmation of payment with him to the airport and present them.
4.1. Requests to make changes to Bookings are to be forwarded, in writing only, to email@example.com. The Company undertakes to process the requests and respond to the customer within two working days of receiving them, subject to receiving a response from the Providers of the Various Services. It is emphasised that Joombofly has no authority to approve applications or changes, and therefore they are not under its control. Approving a request is subject to product availability, Provider policy, and applicable Ticket Rules. Joombofly undertakes to act reliably and devotedly vis-a-vis the Various Providers and to assist the customer as best it can.
4.2. The customer may transfer to Joombofly any complaint or request relating to the Services rendered, by writing to the Company’s Customer Service Department at the address indicated in the heading of this document, or by email to firstname.lastname@example.org.
4.3. The customer must keep all documents relevant to his complaint, including airline tickets, boarding passes, original receipts, vouchers, confirmations of loss from airport lost and found offices, confirmations of police complaints, confirmations from any hotel, and any other relevant document, and be ready to present them on demand.
4.4. In the event of damage, loss, or delay in receiving a passenger’s luggage, the passenger shall immediately inform the airline of the event, at the lost and found station at the airport, and receive appropriate confirmation of this. Enquiries regarding loss or damage to passenger luggage should be addressed directly to the airline with the appropriate documents attached. Joombofly will provide the passengers with the contact details for the relevant departments that process these matters at the airlines.
4.5. In order to enable processing of a complaint, the passenger must contact the Service Providers, directly or through Joombofly as mentioned above, as soon as possible after the conclusion of the provision of the Services booked. In any case, complaints concerning events that occurred more than 3 years prior to the complaint will not be processed.
4.6. Joombofly undertakes to transfer the customer’s complaint to the Service Providers, and to transmit back to him any response received from them, but it has no possibility of controlling or influencing the response times, or the response of the Various Providers, and shall bear no responsibility or liability for them. If possible, complaints relating to Services provided overseas should be submitted in English. Joombofly representatives will assist, as much as necessary, any passenger requesting assistance in drafting or translating into English an enquiry to be submitted to a Provider.
These terms and conditions and the provision of our services shall be governed by and construed in accordance with French law. Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Paris, France.