Summer time, winter time or any or time is always a good time for vacations in Israel and we all love vacations don’t we?
Between expectations and disappointments:
The problem begins when we expect to have a good time or even a great time – or even worse when instead of a great vacation we get very little for the small fortune we have spent buying this vacation. The problem can become a serious legal issue when we know we have been ripped off or if we were injured on this vacation due to someone’s negligence.
How to prevent:
It is not always possible to prevent what we expected to be a great vacation from becoming a bad experience or just a waste of our money, but we can certainly take measures to avoid some of the problems. If we are smart and careful we can avoid most potential problems, but probably not all.
Be careful and attentive:
Using the Internet with all the information and pictures can be a great tool to find the best spot on earth to have that great vacation we’ve dreamed of, but be aware that pictures you see are posted by the “seller” or his/her “agent” for sales purposes. You may not be presented with the full reality… remember that Photoshop can alter just about any image and smart cameras with wide angle lens can make that tiny room look spacious. We benefit from the latest technologies, but so can the “bad guys”, and at your expense.
Reviews by previous consumers can also be a reliable tool and today there are plenty of sites where people can post their experience and rating of hotels and services – but keep in mind that these don’t always provide the complete truth. Every big tourist or vacation-related business has a “watchman”, a person who reads every review before approving it for publication and possibly has friends who help fill that review/rating page.
It is better to use a variety of sources to gain a realistic perspective. The opinion of trusted friends who have already experienced the places you want to visit is your best source of information, coupled with your common sense.
Grandiose labels such as Extra, Deluxe, super deluxe, upgrade, better view, superior, etc. are often just marketing ploys. Anyone can fall for these appealing labels and end up paying a lot of money for nothing.
Eating out:
The “chutzpa” in some places can be just amazing. Imagine that you order a mushroom pizza – paying extra to have those mushrooms on top – but when the pizza arrives all you can find is a tiny piece of mushroom. You ask the waiter or the owner why there are no mushrooms on your mushroom pizza, and they tell you, “I am so sorry we had such a busy day – all the mushrooms are gone”. You would expect them to adjust the price or give you something free for the trouble, but instead you might find that they expect you to pay for something you never got. In this case all you have to do is refuse to pay – yes, say “no”, and don’t agree to pay for something you didn’t get.
The law in Israel:
The consumer laws and regulations in Israel are not adequate. We still need to pass many bills and enforce the existing ones in order to begin to see improvement. As a matter of fact, in some places the level of customer service is still far behind most developed countries. That is why it’s important for you to understand and demand your consumer rights. Consumers often possess more power than they realize when it comes to effecting change – if you feel someone is trying to take advantage of you, tell them so and demand you receive what you are paying for.
Complaints:
Writing letters of complaint to the Ministry of Tourism (http://www.tourism.gov.il/GOVHeb/Pages/default.aspx), Ministry of Industry, Trade and Labor (http://www.moital.gov.il/cmsTamat/SendMail.aspx) or any other Government office will help to create awareness and we need a lot of awareness to make changes.
Sometimes, letters of complaint written by a lawyer will have more effect but in many cases nothing but a law suit will help. Be prepared that even after writing an excellent letter and being completely right about the issue, you still may not get the desired results. The worst part is that even after a law suit you may end up with such a minor settlement amount that it doesn’t cover your expenses. As the saying goes, pick your battles wisely.
Let it go:
When must we let it go? In my opinion the answer is in only one situation: when we know that our efforts will accomplish nothing; and unfortunately in our present legal situation this may be the case for most of us.
Small claims court is a reasonable tool but not one that will provide us with a perfect solution. The court’s solution is always: compensation/money and nothing else. For example, if you had a horrible experience in a certain hotel and all they are willing to offer is another weekend, would you accept it? Most probably you will have another bad time and more disappointment.
Expectations from a law suit:
Whatever your expectations are from a Judge ruling in your case – lower them and lower again because the courts in Israel are not (not yet) “punitive” in the sense that they will send a “strong message” to the offender of the consumer. The reality is that for many service providers, it is financially worth it for them to give bad service even if the result is that they lose some clients or have to pay some “penalties” in court. Making changes can be complicated and expensive, therefore service providers resist change.
Israelis are big complainers but somehow they keep going back to the same bad places! They will also rarely invest the time to write complaints or sue for damages. As a result businesses can think it is “good business practice” not to improve services since it is known that the average Israeli is a conformist and often the penalty is a trivial amount to pay.
Everything I’ve told you so far is correct but with one exception – personal injury. If you were injured during your vacation and this injury is the result of negligence of the hotel or some other “fun place” you decided to go, please consult with a lawyer on the spot – the earlier the better. A lawyer who is an expert in personal injury will guide you through the process of gathering evidence and avoiding crucial mistakes that most people make.
A last word:
I am not saying you should just waive your rights. I am saying “pick your battles” and if you do decide to fight for what you believe, do it with legal guidance and understand that there will be lawyer and court fees.
