2023-10-09 13:13:15
Today, the Consumer Council issued a call to act fairly, sensitively and in solidarity with the public who were forced to cancel transactions due to the security situation. The current war – Iron Swords, raises issues in the field of consumerism and questions such as is it possible to cancel transactions? Is a service technician required to arrive? What happens with the gym membership? and more. The legal situation is not always clear regarding a solution and therefore in some cases it is necessary to try to reach an understanding between the parties.
The main tip is to check if you are entitled to compensation according to the Consumer Protection Law. The law does not refer to a security situation, but it allows to cancel a transaction of any kind which is only the factor of time.
Below are questions and answers from the Consumer Council that try to answer the current situation.
I live in the Gaza Strip and my air conditioner broke down at home. Is it possible to oblige a technician to come to me for repairs?
“If the security authorities ordered the public to avoid movement and to be only in the vicinity of protected areas, it is impossible to enforce a technician to violate the instructions. The Consumer Council says that if the state of emergency continues, creative solutions will be required with the agreement of the air conditioner companies, such as making a procedure whereby the consumer can have the air conditioner repaired by a technician Private, which is nearby, and the company will reimburse the consumer for the repair.”
We leave our home on the conflict line and move to the north until the end of the war. Are we obligated to pay property tax for the period when we will not live at home?
“Yes. Property tax is a tax paid on the ownership of the property and not on its use. Therefore, there is no legal exemption from payment during absence. If the house is damaged and is unfit for use or is undergoing renovations due to damage, you can request a special exemption from the local authority for properties that are damaged, and are not fit for use for The time that will pass until the renovation is finished.”
I ordered delivery from the supermarket in Ashkelon and the courier is late. Do I deserve compensation?
“If the delivery date is set before the announcement of a state of emergency in the south, and the service representative is late because of this, the consumer is not entitled to compensation. The “Technician Law” is intended to limit the consumer’s waiting time for a technician in cases where the law applies, to improve the service to the consumer and to compensate the consumer in the event of a delay technician”.
“However, there are circumstances in which the delay will not entitle the consumer to compensation. The dealer must do everything to prevent harm to the consumers, and update as much as possible on changes in the established schedule, provided that the aforementioned postponement does not delay the provision of the service beyond the period of time established for this by law.”
Is it possible to obtain a gym membership due to the situation?
“The agreement with the gym includes a general condition, according to which the club will allow safe use. The existence of an emergency situation that does not allow the club to provide the service requires allowing the consumer to freeze the subscription or credit him for the days he did not use the subscription. This obligation applies to the club especially if he receives Compensation from the government for his damages, in a way that allows him to reduce his damages without putting it on the shoulders of the consumer.”
Due to the security situation, is it possible to cancel a flight and get a refund?
“In the case of receiving order 8 – mobilization of emergency reserves – only the owner of the mobilized ticket is entitled to a refund. Therefore, and in general, it is always recommended to take out flight cancellation insurance, for all flights, for any reason. Without order 8, there is no right of cancellation beyond the right of regret established by law.”
“If it is actually possible to fly abroad – the flight takes place, the right of cancellation is in accordance with the law. In cases related to the cancellation of a flight due to a security situation (when the flight takes place and takes off on time), each case is considered individually by the travel and flight companies. If it is a case that grants a refund – that the company cancels the flight or allows a change – there is a full refund.”
“The law allows you to cancel a tourism transaction within 14 days of the date of execution of the transaction, you can cancel a holiday abroad and receive a full refund or a minimum cancellation fee of 5% of the value of the transaction, however the deadline for canceling the transaction depends on how it is executed: remote sales transaction, up to 7 days that are not rest days before the flight; In a transaction that is not a remote sale, up to 14 days that are not rest days before the flight.”
I ordered tickets for the show and it was canceled due to the security situation, am I entitled to a refund?
“The Consumer Protection Law and the Sales Law and the Contracts Law examine whether there was a claim of obstruction – did something happen that neither party could have foreseen, so they expect to be refunded. If the performance takes place and I cannot attend because of the security situation? According to the Consumer Protection Law, I am not entitled to cancellation Because it takes seven business days and I don’t comply with the Consumer Protection Law and just in case. Neither the Sales Law nor the Contracts Law.”
“If the show takes place and the situation allows me to come but I’m afraid and don’t want to? I don’t deserve a refund either. The following situations require flexibility and compromise from both sides because the law does not exactly match the current security situation.”
Having a wedding and a wedding – the guests canceled their arrival at the wedding at the last minute due to the alarms, will we be charged for all the dishes?
“In a “normal” situation, a prudent consumer will consider the scope of his commitment to a number of dishes in a reduced manner, since it must be taken into account that some of the guests will be forced to cancel. In this case, the guests canceled their arrival due to understandable circumstances, but if there is no prohibition to hold the event by the security authorities, it is not fair to impose the full The responsibility is on the business. At the same time, even if the business can insist on fulfilling the contract, then this is a war of the entire Israeli people and each side must consider the other side.”
Is it possible to cancel registration for the afternoon or classes without cancellation fees?
“According to the Consumer Council’s position, a business cannot force parents to bring their children in such a situation. In a place where missiles fall, it is impossible to hold a wedding or a gathering of several hundred people. Since the business cannot force the parents to do the transaction, on the other side of the coin, the business also wants to make a living, then people with good will will find ways to reach an even ground and carry out the transaction according to the will of both parties and subject to the security situation.”
I don’t receive the newspaper regularly, what can I do?
In areas where the supply of newspapers has been affected and the newspaper systems do not deliver the newspaper regularly, the supplier must freeze the subscription or credit the consumer for the newspapers he did not receive.
In any case, even if the newspapers arrive, in most of the agreements between the customer and the newspapers and/or internet companies there is an option to freeze a subscription and it is possible to use it in this case (for example in the case where the family had to leave the house due to the situation for an unlimited period).
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In light of the situation, and after many inquiries from consumers who encountered problems due to the effects of Operation Iron Swords, the Israel Consumer Council is opening a special consumer hotline. The hotline will be open Monday through Thursday at 10:00 13:00 to answer and assist with consumer problems caused by and following the war.
The answer will be given by the lawyers of the Consumer Council. At other times and for other consumer problems, you can contact the Council’s Facebook forum or file a complaint.
The hotline will be activated by phone number: : 03-5034903
The Israeli Consumer Council calls on all traders, especially these days, to act fairly, sensitively and in solidarity towards the public who are forced to cancel transactions due to the security situation.
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