Smoking in Public Places: Compensation Claim Procedures

1. Furniture assembled at the consumer’s home;
2. Goods manufactured specifically for the consumer according to special measurements or requirements;
3. Goods that by law cannot be returned;
4. Food products;
5. Medicines and dietary supplements;
6. Perishable goods – products that, from the moment they are supplied to the customer, cannot be reused or supplied to another, or products whose value will decrease (or spoil) by the time they are returned to the business;
7. Information as defined in the Computers Law (“data, signs, concepts or instructions, except for software, expressed in computer-readable language, and stored in a computer or other storage medium, provided that the data, signs, concepts or instructions are not intended for use in a support computer only”);
8. Goods that can be recorded, copied or duplicated, where the consumer has opened their original packaging (such as books);
9. Underwear, including swimwear;
10. Liquefied petroleum gas (cylinder or gas tank);
11. Jewelry priced above 3,000 NIS, excluding watches;
12. Hospitality, travel, leisure and entertainment services performed entirely outside of Israel;
13. Where the consumer requested delivery of a product more than 6 months from the date of the transaction, the transaction cannot be cancelled after the products have been supplied.
14. Transactions whose consideration was paid using gift certificates, gift vouchers or rechargeable magnetic cards.
15. Unpackaged tableware.

How to File a Small Claims Case. We have compiled all you need to know about the process – Filing a Small Claims Case.

This amendment, effective September 2018, prohibits smoking in all educational institutions, including higher education institutions and post-secondary institutions with students over 18 (including courtyards and student residences), kindergartens, nurseries, and daycare centers (including courtyards). The smoking ban extends to the premises and an additional 10-meter radius from entrances and exits (excluding residential buildings within this radius). The 10-meter restriction does not apply to playgrounds.

In higher education institutions and post-secondary institutions with students over 18, the institution’s administration may designate a separate smoking room (excluding administrative or faculty offices), provided the room is adequately ventilated and does not cause a nuisance to other areas.

A peddler’s transaction is one where the vendor offered goods or services without a prior order from the consumer. This occurs outside the vendor’s place of business or that of their representative. For example, if the vendor sets up a sales stand at a military base and the consumer makes a purchase, this is a peddler’s transaction, as the consumer did not initiate the contact and the transaction took place within their proximity.

The consumer may cancel the agreement according to the type of peddler’s transaction (goods or services):

Peddler’s Transaction for Sale of Goods: The right of cancellation exists from the date of the agreement until 14 days from the delivery of the goods or from the receipt of the transaction details, whichever is later.

Peddler’s Transaction for Sale of Services: The right of cancellation exists within 14 days from the date of the agreement or from the receipt of the transaction details, whichever is later. In an ongoing service contract, the right of cancellation exists regardless of whether the service has commenced. In a one-time service contract, the right of cancellation exists as long as the service has not commenced.

In the event of cancellation of a peddler’s transaction, the vendor shall return the full consideration paid by the consumer. If the transaction involves goods, the consumer shall return the goods to the vendor. If the transaction involves an ongoing service contract and the service has commenced, the consumer shall pay the pro-rata consideration for the service rendered and return any goods received for the provision of the service (if any).

Note: A vendor who installed goods in the consumer’s home to provide a service under the agreement may charge a fee for installation costs not exceeding 100 ₪. The vendor also retains the right to claim damages – if any – due to a decrease in the value of the goods that were the basis of the transaction. Furthermore, it should be noted that peddler’s transactions for perishable goods are not cancellable.

First, take a deep breath. Having done so:

Arrive appropriately dressed (no shorts and flip-flops). Bring photo identification (for entry), a hard copy of the writ of summons and its exhibits, and arrive at least fifteen minutes before the scheduled hearing time; have coffee in the cafeteria, observe the courtroom, absorb the atmosphere, and alleviate tension.

From the moment you enter the courtroom (and ideally, as a way of life), conduct yourselves respectfully towards all present; from the defendant, through the court clerk, to the judge. The assumption that whoever shouts loudest is right does not hold true in court.

All supporting documentation upon which the claimant intends to rely must be attached to the small claims lawsuit. For example, in a small claims action for breach of a lease agreement, it is appropriate to attach a copy of the signed agreement and any document substantiating the alleged breach (such as text messages, a dishonored check, a recording of a conversation, etc.).

He prefers to maintain privacy on this matter. However, attempts to contact him are always welcome.

To reschedule a hearing, any party must submit a written request specifying the reasons for the requested change and attaching any relevant documents.

For example, if a plaintiff/defendant has pre-planned international travel coinciding with the scheduled hearing, this must be stated in the written request, supported by an affidavit and accompanying documentation (e.g., flight tickets and booking confirmation in the applicant’s name).

Non-delivery in itinerant sales transactions – a transaction where the trader offered to perform the transaction without an order from the consumer, in any place that is not the trader’s business premises or those of his representative. It is not possible to cancel an itinerant sales transaction for the purchase of “perishable” goods. That is, products that, once supplied to the customer, cannot be reused or supplied to another, or products whose value will decrease (or will deteriorate) until they are returned to the trader.

Yes, it is possible to file a small claims lawsuit in civil proceedings. Regarding the advantages and disadvantages of filing a small claims lawsuit versus a “regular” civil lawsuit, please see our article Filing a Small Claims Lawsuit – Everything You Need to Know.