1. The Site
1.1 The site – www.danhotels.com (hereinafter the “Site”) - is an Internet site owned by the company Dan Hotels Ltd. p.c. 52-002357-3, of 111 Hayarkon St., Tel-Aviv (hereinafter “Dan Hotels: or the “Company”), providing information regarding the Dan Hotel Brand and enabling the purchase of various vacation packages at Dan Hotel’s hotels.
1.2 Use of the Site and/or ordering vacation packages through the Site, is subject to the unambiguous agreement of any person who goes onto the Site (hereinafter, the “User” or the “Buyer”) to everything stated hereunder in these Regulations. On entering the Site, the User agrees and accepts all conditions set out hereunder unconditionally and/or unreservedly.
1.3 The User declares and undertakes that he is aware of the Site Regulations and agrees to the provisions thereof, and that neither he nor anyone on his behalf, will have any contention and/or claim, directly and/or indirectly, against the Site and/or any of those operating the Site and/or its owners and/or any of its directors and/or anyone on its behalf.
1.4 The Buyer may use this Site only for the purpose of placing an order and purchasing vacation packages and/or receiving information. The Site may not be used for other purposes.
1.5 Parts of these Regulations are formulated in the male voice for convenience alone, but are intended for men and women alike.
1.6 Headings in the Regulations are for convenience and are not to be used for the purpose of interpretation.
2. Proprietary Information and Copyright Protection
2.1 The User declares, confirms and agrees that the information presented on the Site and/or any part thereof, is the exclusive property of the Company, that the Company’s copyright in the information and/or any part thereof, is protected, whether the information is owned by the company or whether owned by any third party whatsoever and the Company has an interest in protecting it by ensuring that the information remains confidential.
2.2 The User undertakes to make only personal use of the information. The User undertakes not to copy, photograph, print, distribute, sell, broadcast or publish the Site information, whether it is owned by the Company or whether owned by third parties, and/or any part thereof, to any person and/or entity whatsoever, without the prior, written consent of the Company, other than for personal and non-commercial use of the information.
2.3 The User undertakes not to introduce any distortion or other change into the information or perform any action that is likely to prejudice the accuracy of the information and its reliability or the reputation and good name of the Company as owner of the copyright in the information, or any other element.
2.4 The User declares, confirms and agrees that the logo, trade marks and icons posted on this Site (hereinafter, “Trade Marks”), are registered as the Company’s copyright. No aspect of the Site implies approval or entitlement to use the Trade Marks, without the Company’s written approval. All rights in the Site without exception, are exclusively reserved to the Company.
3. Risks and liability
3.1 The User hereby declares that he is aware that use of an internet site involves many risks, both due to the technology entailed therein and the human factors operating on the internet.
3.2 Neither the Company nor anyone on its behalf will be responsible for the server on which the Site operates, being free of malicious content, including viruses and/or spyware which could harm the User’s personal computer.
3.3 The User is solely and fully responsible for any use he makes and/or will make of the information. The information is for the User’s personal use only and its use – including reliance thereon – is the sole responsibility of the User. The User declares, inter alia, that he is aware of the fact that the photos published on the Site are for the purpose of illustration only, and that there are likely to be differences between the representations that appear on the computer screen and their appearance in reality.
3.4 The Information is posted on the Site “as is”. The Company is not liable for the information complying with the User’s purposes and is not responsible to the User for his inability to make use of the information for any reason whatsoever. The User will only be responsible for the way in which he makes use of the information.
3.5 The Company does what it can to ensure that the information is as correct and accurate as possible, but the information does not pretend to be information that is complete, exhaustive or covering all the subjects detailed therein. The information is general only, partial and based inter alia, on data that the Company has acquired from third parties, without the Company having checked to see if the data is correct. Inter alia, the Company will not accept any liability regarding errors in the information appearing on the Site, which is posted either by the Company or by third parties.
3.6 The Company will not be liable for any damage, inconvenience, loss or expense or stress, which might be caused to the User or his property (inter alia, to the User’s hardware and/or software) or to any third party, directly or indirectly, pursuant to entering the Site and using the content of the Site and/or in relation to the information – including and without derogating from the generality of the aforesaid, as a result of one of the following events and/or factors:
(a) a delay and/or hold-up in receiving the information as a result of communication line overloads;
(b) disruption including deletion, error, inaccurate or out of date information resulting from a disruption and/or break-down in communication resources, hardware, or software in the User’s computer system or in that of the Company or for any other reason;
(c) disclosure and revelation of information about the User to any third party whatsoever as a result of the User’s use of the Company’s Site and/or from his entering thereon and/or of the means of securing the User’s information.
3.7 The Company will bear no liability for the unlawful actions of a User whilst on the Site or for any other factor which is not within its control.
3.8 The Company will bear no responsibility for changes made to the information by the User or by any other third party.
3.9 The Site contains links to other sites on the Internet. The Company provides these links only for the convenience of the Site user, and bears no responsibility for the information that appears on these Site links, as to their validity and their legitimacy. The Company is not responsible for any damage, indirect or direct, caused to a User and/or his property, as a result of using or relying on the information and/or the content appearing on the sites at which the User arrives through or by way of using the links that exist on the Company’s Site.
3.10 The User undertakes not to copy the software installed on the Site to another computer and/or to attempt to disassemble the software and/or decipher codes and/or the built-in structure of the data, and/or to interfere with communications or information in any way whatsoever. The User’s undertaking under this section is unlimited in time.
4. Ordering vacation packages
4.1 Ordering vacation packages with Dan Hotels through the Site is a process that is as equally binding as ordering rooms by any other means, including with the Company’s reservation center.
4.2 Method of purchasing: the purchase process through the Site will be implemented by means of a credit card whereby it is possible to buy a vacation packages through the site by the use of a valid credit card from one of the companies detailed hereunder: VISA C.A.L., VISA Leumi, Diners Club, American Express, Isracard and MasterCard. Dan Hotels may also facilitate a reservation without a credit card whilst specifying the method of payment to secure the reservation.
4.3 It is clarified that the quotation for the vacation package that appears on the Site will only be valid for the date that it is produced by the Site software.
4.4 The Company is allowed to refuse to confirm the purchase of a vacation package for any reason whatsoever, at its exclusive discretion, and the buyer will have no demand and/or claim and/or suit against the Company in the matter.
4.5 In these Regulations, a “Non-Refundable Package” is a vacation package which the Company may, at its exclusive discretion, offer for sale on the Site, at attractive prices, and which is a vacation package without the right to cancel and/or get a refund for the vacation package price or part thereof, subject to the provisions of these Regulations and to the provisions of the Consumer Protection Law, 5741-1981. It is clarified that a Non-Refundable Package can be offered to a buyer in parallel with packages that are not Non-Refundable Packages.
4.6 The Company does not undertake that the price at which it sells a Non-Refundable Package to a buyer is the lowest price offered by the Company and the Company does not undertake that Non-Refundable Packages will be available to be purchased at all times and for any date, and any sale and/or offer and/or non-sale or non-offer, in all respects - including the price of the package, will only be in accordance with the Company’s exclusive discretion.
4.7 In the context of a Non-Refundable Package, the Company may, at its exclusive discretion, at any time and on any date and without giving any notice and/or prior notification, change and/or limit the number and/or type of rooms which the buyer is allowed to reserve and/or to discontinue the sale and/or part thereof.
5. Details of the person purchasing a vacation package
5.1 At the time of placing an order for a vacation package through the Site and making a reservation as detailed hereunder, the buyer will be required to register personal details on the system (hereinafter, “Personal Details”). The Site owners and/or the operators of the Site and/or any of its owners and/or any of its directors and/or anyone on their behalf will not be responsible for errors made by the buyer when entering details of the purchase, including a mistake in his choice of hotel, the vacation package, the date, the number of beds or any other service ordered by the buyer through the Site. Dan Hotels will have no liability whatsoever, direct or indirect, for a situation in which the purchase details are not recorded on the system and/or for any technical and/or other problem which prevents the buyer from purchasing a vacation package through the Site.
5.2 Registering false details is a criminal offense and legal measures will be taken against those registering false details, including claims for compensatory damages in respect of the damages that could be caused to the Site, to its operators and/or any of its owners and/or any of its directors and/or anyone on their behalf.
5.3 The Company will do its utmost to prevent the transfer of the User’s personal details to third parties unless it is obliged to do so in accordance with a judicial order or confronted by a threat to have legal measures taken against it (criminal or civil) in respect of activity that the User has carried out on the Company’s Site. In this case, the Company will be permitted to transfer the User’s details to the party claiming to have been damaged by the User or in accordance with the provisions of the judicial order.
5.4 The User declares that he is aware that upon providing purchase details, he will be incorporated in the Company’s data bank. The Company will be entitled to use the purchase details in order to improve the vacation packages and/or the services that it offers to Users on the Site and to contact the User by regular mail, email as well as by any other means of communication and to adjust the site to its preferred, individual purposes. The Company will not transfer to other entities – except for those stated in section 5.3 above – information that could identify the User in person, unless the User is willing.
The User’s purchase details will be removed from the Company’s database in the event that the User specifically notifies the Company in writing that he does not wish to be included on the Company’s database.
6. Making a reservation
6.1 A reservation will be made by inputting the purchase details onto the system, as detailed hereunder:
6.1.1 Making a reservation by giving credit card details on the Site: the buyer will make a reservation on the Site with a credit card. After inputting the details of the credit card, a notification will be sent to the buyer’s email address confirming acceptance of the reservation (hereinafter, the “Reference”). This Reference is to be printed out and presented to the reception clerk at the hotel at which the reservation is made.
6.1.2 Making a reservation by giving credit card details to a Dan Hotels’ representative on the phone: the Company may allow a reservation to be made through a different process, in the course of which the buyer shall provide all necessary details for placing a reservation, expect for credit card details. The reservation will not be confirmed automatically but will only be confirmed after a Company representative has contacted the buyer by phone and received from him on the phone, the details of his credit card. A Company representative will contact the buyer within two working days from the date of registration as noted by the Company, and this during the hours in which the Company’s reservation center operates, as detailed hereunder:
Sunday-Thursday – between 8:00 and 19:00
Friday – between 8:00 and 15:00
For the avoidance of doubt, reservation of rooms in accordance with this section is on availability basis only, and the reservation will only be confirmed after the Company representative has got back to the buyer and confirmed his reservation by sending the Reference to the buyer. Without such Reference, the reservation is not binding on the Company.
6.1.3 It is clarified that the credit card details provided on the Site as stated in section 6.1.1 above, and/or provided to the Company representative by phone as stated in section 6.1.2 above, are intended only to secure the reservation and the card will be debited only at the time of arrival at the hotel. Notwithstanding the aforesaid, it is clarified that reserving a Non Refundable Package will entail the credit card being debited in the full amount of the reservation immediately after the reservation has been made.
6.2 Terms of payment
6.2.1 The prices set out on the Site are in New Israeli Shekels and include VAT. In Eilat, the prices exclude VAT.
6.2.2 Wherever prices are fixed in dollars, payment will be calculated at the representative rate of the dollar on the day of actual payment, as is set by the Bank of Israel.
6.3 Customers Club Members
6.3.1 The Company, at its exclusive discretion, may extend benefits and discounts to a buyer who is a member of the Dan Hotels’ customers club, “e-Dan” (hereinafter the “Customers’ Club”), when purchasing a vacation package on the Site.
6.3.2 As a condition for receiving a discount given to him when making the reservation on the Site, the buyer must identify himself as a member of the Customers’ Club, as detailed in the Customers’ Club Regulations.
6.3.3 It is emphasized that members of the Customers’ Club are not entitled to further discounts over and above the discounts on the prices of accommodations which are published from time to time by the Dan Hotels on the Site, unless otherwise specified on the Site itself.
6.3.4 If the buyer is unable to identify himself as a member of the Customers’ Club as stated in section 6.3.1 when arriving at a hotel, the discount which he received when making the reservation will be rescinded and he will be charged the full price in accordance with the price list that is in force at that time.
6.4 Canceling a reservation
6.4.1 Canceling a reservation for a vacation package may only be done by a written application to the Company, sent by registered mail, by fax to number 03-7250715 or by email to Reservations@danhotels.co.il. Cancellation of the reservation for a vacation package that is not a Non Refundable Package can also be done with the written confirmation of a telephone representative from the Dan Hotels’ reservation center through phone number 03-7408988, which is sent to the Buyer requesting cancellation of the package reservation.
6.4.2 The date set for a cancellation and/or change made in accordance with sub-sections 3, 4, 5 hereunder is the date on which the fax and/or the email and/or the registered letter is received by the Company, or the date on which the letter of confirmation from the sales center representative as stated in sub-section 1 above, is sent to the buyer. If the date on which the notification is received by the Company is a rest day in Israel, the date set [for cancellation] will be considered as the first working day thereafter.
6.4.3 For cancellation of a vacation package that is not a Non Refundable Package and whose date of realization is not at a Peak Period (as defined hereunder):
(1) It is possible to cancel without a cancellation fee up to 2 working days prior to the date of the stay.
(2) Cancellation / no show / shortening the duration of the stay (meaning – partial cancellation of the reservation) made less than 2 working days before the date of the stay, will be subject to cancellation fees amounting to 25% of the total cost of the reservation.
6.4.4 When canceling a vacation package that is not a Non Refundable Package and whose date of realization is in July-August and/or on main Jewish holidays in Israel (Rosh Hashanah, Succoth, Passover and Shavuot) and/or during any other period at the Company’s sole discretion provided that a notification thereof has been given to the buyer when placing the reservation (hereinafter, “Peak Period”):
(1) Cancellation may be made without cancellation charges up to 21 working days prior to the date of the stay.
(2) Cancellation / shortening the duration of the stay (meaning – partial cancellation of the reservation) made between 21 and 14 working days before the date of the stay, will be subject to cancellation fees amounting to 5% of the total cost of the reservation or to NIS.100 (whichever is the lower) – subject to the Consumer Protection Law.
(3) Cancellation which is not made on the dates set out in sub-sections (1) and (2) and/or no show and/or shortening the duration of the stay (meaning – partial cancellation of the reservation) will trigger cancellation fees amounting to 25% of the total cost of the reservation.
(4) In the event of the shortening of the duration of the stay, the cancellation fees in the amount indicated above, will be calculated from that part of the stay that is canceled, and not from the total cost of the reservation.
(5) Dan Hotels may define specifically longer cancellation periods than those stated above, provided however that detailed information is given prior to placing the reservation by the Buyer.
6.4.5 When canceling a Non Refundable Package
(1) It is possible to cancel the reservation within 14 working days from the date of making the reservation or from the date of receiving the Reference regarding the reservation (whichever is later) provided that more than 14 working days remain prior to the date of the stay. Such cancellation will oblige the buyer to pay cancellation fees in the sum of 5% of the total cost of the reservation, or of NIS.100 (whichever is lower), as required under the provisions of the Consumer Protection Law. The charge will be made through the credit card whose number was given to the Company when making the reservation.
(2) Cancellation of a reservation which will not be done by the date set out in sub-section (1) above, and/or no show and/or shortening of the duration of the stay (meaning – partial cancellation of the reservation), shall be charged with cancellation fees in a sum of 100% of the total cost of the reservation.
7. Policy for cancellation of a sale by the Company
7.1 The Company may, at any time and at its exclusive discretion, discontinue the sale of vacation packages on the Site, in whole or in part, in one of the following events:
7.1.1 If it becomes clear that unlawful activity has or is being perpetrated on the Site.
7.1.2 If there is failure in communications and/or a technical fault which prevents or is likely to prevent a certain purchase.
7.1.3 In the event of a force majeure event and/or an act of war, hostility or terror, which, in the Company’s view, prevents the continued sale of vacation packages on the Site.
7.1.4 If there is an error in the description of the vacation packages and/or the services offered for sale on the Site, in the terms of the vacation packages and/or the services and/or in the event of an error, of any kind, entitling the Company to cancel a specific sale.
7.1.5 In any event that an action is taken in contravention of these Regulations.
7.2 Notification of such cancellation will be provided to the User and the Company will refrain from debiting his credit card and will refund the User the money he has paid, to the extent paid, on account of his purchase.
8. General Terms
8.1 It is a condition of being provided with a room, that an adult of at least 21 years of age be in attendance, for any reservation.
8.2 Access to rooms at the Company’s hotels is given at 15:00 on the day of the reservation. Rooms at the Company’s hotels must be vacated no later than 12:00 on departure day. Any change in the schedule for accessing or vacating rooms, at the client’s request, will be made with the hotel at the exclusive discretion of the hotel and its management, and subject to the hotel’s occupancy level and for a supplementary charge to be set by the hotel. The Company reserves the right to change the hours of accessing and vacating the rooms, from time to time, in accordance with the hotel and the date of the stay, and a notification to that effect will be given to the buyer when confirming the reservation.
8.3 A “baby” will be regarded as being up to two years of age, and a “child” will be regarded as being between 2 and 12 years of age, for any purpose relating to a stay at a hotel.
8.4 Availability is limited and making a reservation is based only on availability.
8.5 The prices determined for vacation packages are up to and including the last date indicated.
8.6 Promotional offers cannot be used twice.
9. Changes and general provisions
9.1 The Company will be permitted to discontinue the use made of the Site by the User if he does not comply with the requirements of this Agreement and/or part thereof, as well as in any of the following circumstances:
(1) If, in the Company’s view, the User has intentionally provided, when registering on the Site, and/or when ordering a vacation package, false and/or misleading details.
(2) If, in the Company’s view, the User does and/or omits to do anything that harms and/or is likely to harm the Company and/or third parties, including other Site Users.
(3) If, in the Company’s view, the User has made unlawful use of the Site and/or the Site services and/or has performed an action that could assist and/or encourage and/or enable such use.
(4) If the credit card of which the User has provided details is blocked or restricted in use in any way whatsoever.
9.2 It is clarified that the use of the Site is for personal usage only, and use of the Site which is not for such purpose will entitle the Company to take all measures available to it under the law.
9.3 The Company is entitled to change the Site Regulations from time to time without giving prior notice thereof to the User. The Company will publish the new conditions on the Site and they will come into force upon their publication.
9.4 The Company is entitled to close the Site and, from time to time, to change its structure, content, appearance, scope and the availability of vacation packages and of services and the content provided therein, and any other aspect involved in the Site and its operation, and all without being required to give prior notice thereof to the User. The User declares that he will have no contention and/or claim and/or demand against the Company in respect thereof.
9.5 The Company has the right to cancel or change the conditions for accepting reservations as well as any of the prices advertised on the Site at any time.
9.6 This agreement will be subject solely to the laws of the State of Israel. Sole jurisdiction in all matters relating to this Agreement and to the use of the Site will be with the authorized courts in the district of Tel Aviv-Yafo.
9.7 These Regulations may be viewed at the Company’s offices at: 111 Hayarkon Street, Tel Aviv.
9.8 The Company may be contacted by phone at 03-7408988.