The private garden was closed. Can the kindergarten teacher demand payment?
First, it is important that we explain that Israel does not have specific consumer legislation during wartime, which exists in other countries. In the United States, for example, there is legislation from World War II that states that it is forbidden to exploit the consumer and raise prices in wartime.
Another important matter to understand is the claim of thwarting a contract under the Contracts Law. This argument actually prevents the party to the agreement from fulfilling its obligation, and therefore the agreement is canceled. In 2010, the Supreme Court ruled that war does not constitute a preventive event, since the State of Israel has been at war since its establishment. We at the Consumer Council believe that this is a situation that has not existed until now, and indeed it has the power to challenge the ruling.
Regarding the gardens - the contract signed must be examined. During the coronavirus there was confusion and disorder, and after the pandemic the economy learned. In the event of thwarting and non-fulfillment of the contract, the consumer should not be obliged to pay, and both parties must stop payments and forward charges.
Closed Garden, Illustration, Photo: Dudu Greenspan
Am I eligible for a refund as the country club is closed?Country clubs and gyms are regulated by section 13A1 of the Consumer Protection Law. The consumer can cancel the deal with the country, as with gyms, at any stage he wants - and the refund will be in accordance with the provisions of the law, at a relative rate. There is a transaction cancellation simulator on the Consumer Council website, where you can check the relative amount.
Can a couple who was supposed to get married during the war and preferred to hold a modest and homely event cancel the wedding and receive a refund?An examination we conducted about two weeks ago shows that most of those working in the field after the coronavirus introduced a condition according to which if there is a war or an epidemic, the event will be postponed. If you want to cancel the transaction, it will be according to the terms of the contract.
It is possible that, like kindergartens and after-school programs, the preventive claim can be accepted. If this is a couple who booked a hall for 300 guests, and Home Front Command guidelines allow only 50 guests provided there is a standard safe room, it is obviously impossible to hold an event. If the preventive action claim is made, the agreement with the courtroom must be memorialized in writing for the purpose of evidence. In any case, we are not calling for quarrels and legal arguments – this is the time for solidarity, and we see that many companies are responding to this.
Ben Gurion Airport, Photo: Ami Shumen
Are consumers entitled to refunds for flights?Almost all foreign airlines do not fly to Israel these days. This means that every flight cancelled by the airline requires the airline to allow the consumer to choose whether they want a full refund. Unlike flight cancellation in cases that are not at war, the chances that airlines will be obliged to pay compensation beyond the refund of the flight fee are low, since these are special circumstances beyond the control of the airlines.
There is an Aviation Services Act, a Consumer Protection Act and a Contract Act relating to tour package services. For example, if I bought a flight and hotel from an Israeli company, I am entitled to a full refund for both. The Council's position is to return the full consideration. If it is abroad, it is a policy practiced abroad and it is difficult to enforce it.
Answers courtesy of Adv. Lior Nissim of the Consumer Council
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