These terms and conditions apply between Midrash BEN ISH HAI, located at 97-13 64th Road, Rego Park, NY, and elsewhere, hereinafter referred to as "MBIH" and those participating in MBIH events, hereinafter referred to as "participant" or "participants". Other terms and conditions may apply in relation to specific items considered as part of the event.

Once a reservation has been made, even verbally, all cancellations must be in writing to MBIH. Between the time of booking and 10 days prior to the event, an administration fee per person of $25 or 30% of the cost (whichever is less) may be charged. Between 9 and 3 days prior to the event, a fee per person of $40 or 60% of the cost (whichever is less) may be charged. Within 2 days of scheduled event, no refunds will be given. In the event that no payment was received by MBIH by the time of cancellation, participant agrees to pay the amount required in full.

MBIH reserves the right to refuse attendance to any individual at any of its events.

MBIH makes no representation as to the character of any of the participants. 

MBIH reserves the right to substitute venues, hotels, accommodation, food, caterers, transportation companies, dates of events and any service and program within the same category. Any booking over reserved allotments is subject to confirmation

MBIH, and/or its agents act in the capacity of agent for the participants in all matters. They shall not be liable for any injury, damage, or loss occasioned by neglect or default of any company or person engaged in conveyancer, or any hotel proprietor or organization or other persons supplying services or materials in connection with the event. Neither MBIH (and/or its agents) nor any contractor are to be held responsible for lack advertised facilities due to bad weather or road conditions or for any other reasons beyond their control. In addition, they are not to be held liable for any additional payments or any refunds for unused hotel accommodations or meals occasioned by late arrivals at hotels holding rooms as per confirmed itineraries or for any other reason.

MBIH does not guarantee the psychological satisfaction of participants at MBIH's events.

All prices quoted are subject to change. Prices exclude taxes unless noted. MBIH reserves the right to adjust prices due to misprints, changed rates, changed tax rates, new taxes or surcharges that might be imposed, changes in the rate of foreign exchange on international portions or other valid reasons. MBIH reserves the right to charge a rush fee for reservations made 3 days or less before an event. For events that require accommodation, typically $25-$30 rush fee is charged for reservations made within 3 days of travel to cover additional expenses. MBIH reserves the right to charge a change and reprocessing fee for changes requested after initial reservation. The person making reservations with MBIH for several participants, is responsible for transmitting information, including information about potential cancellation penalties, to other participants within his/her booking party.

MBIH undertakes to perform its services with reasonable care and skill. MBIH is not liable for any loss or damage which results from the act or omission of other parties including the parties providing the individual items which make up the MBIH event/package.

Further, except as expressly provided in these terms and conditions, MBIH is not liable for any direct or indirect losses incurred by clients including (but not limited to) any injury to person, damage or property or losses or delay or disruption to travel plans or the non availabilty of facilities.

MBIH expressly reserves the right in its absolute discretion to utilize hotels and/or accommodation other than those named in the itinerary. While care is taken in the selection of accommodation, no representation or guarantee is made or given as to the standard class or fitness for purpose of such accommodation or services.

Under no circumstances can MBIH be held responsible for snow or weather conditions, nor can any reservation be cancelled, altered or amended once the event has commenced on the basis of snow or weather conditions. MBIH is not responsible for any refunds due to the closure of any resort, facility or ski area.

If, of his/her own choice, participant decides not to use part or parts of the arranged services or facilities, participant will not be entitled to a refund from MBIH and may not be entitled to a refund from any Supplier unless otherwise specified.

MBIH is a non-profit organization. Participation in MBIH's activities is VOLUNTARY. Participant fully understands that MBIH activities may involve risk of serious bodily injuries and accepts and assumes all such risks and all responsibilities for losses, costs, and damages participant may incur as a result of his/her participation. Participant agree to hold harmless MBIH, its directors, employees, representatives and agents, from any liability whatsoever resulting from participation in any and all MBIH sponsored or related activities. Participant understands that fees are non-refundable. Participant understands that his/her continuing participation at any MBIH event is at the sole discretion of MBIH and its Board of Directors.

Participant shall defend and indemnify MBIH, its representatives, agents and employees as well as any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf or by third parties as a result of your participation in an MBIH event.

This Agreement and its performance shall be governed by the laws of the state of New York, United States of America, without regard to its conflict of laws provisions. Participant consents and submits to the exclusive jurisdiction of the state and federal courts located in Nassau county, the state of New York, United States of America, in all questions and controversies arising out of Participant's participation at an MBIH event and this Agreement.

MBIH may at any time modify these terms and conditions and participant's continued participation in the MBIH event will be conditioned upon the terms and conditions in force at the time of participant's use.

Additional terms and conditions may apply to reservations, use of services and participation in the MBIH event, and participant agrees to abide by such other terms and conditions.

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the MBIH web site.
 
 

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