1 . General
1 .1 Use of the Dan Hotels Corporation Ltd. (herein-after "Dan Hotels" or "Company") site is predicated on the unequivocal consent to the following by any person entering the site (herein-after "User" or "Purchaser"), and by entering the site the User agrees and accepts all the below.
1 .2 The User declares and undertakes that he is aware of the site articles and agrees to their provisions, and that he and/or anyone on his behalf will not have any claim and/or contention, directly and/or indirectly, against the site and/or any of its operators and/or owners and/or directors and/or anyone on its behalf.
1 .3 The site www.danhotels.com (herein-after the "Site") is owned by Dan Hotels, supplies information about the Dan Hotels chain, and enables online purchasing of holiday packages at hotels belonging to the Dan Hotels chain.
1 .4 Part of the site content is drafted in masculine language for convenience only, but is intended for both men and women alike.
2 . Ownership of the Information and Protection of Copyrights
2 .1 The User declares, confirms, and agrees that the information presented on the Site and/or any part thereof is the Company's exclusive property, that the Company reserves all copyright to the information and/or any part thereof, whether owned by the Company or any third party, and that the Company has an interest in protecting it by keeping it confidential and secret.
2 .2 The User under-takes to use the information for his personal use only. The User under-takes not to copy, photocopy, print, duplicate, distribute, sell, broadcast or publicize the information on the Site, whether owned by the Company or by third parties, and/or part thereof to any person and/or entity whatsoever without the Company's prior written consent, except for non-commercial personal use of the information.
2 .3 The User under-takes not to distort or other-wise change the information or do any act that might prejudice the correctness of the information and the credibility or dignity reputation of the Company as owner of the copyright therein, or of any other entity.
2 .4 The User declares, confirms, and agrees that the logo, trademarks and icons on the Site (herein-after "Trademarks"), are registered trademarks of the Company. No part of this Site hints at any permission or right to use the Trademarks without the Company's written consent. All rights in the Site, without exception, are reserved exclusively to the Company.
3 . Risks and Liabilities
3 .1 The User here-by declares that he knows that use of the internet site involves many risks, both because of the technology involved and because of human factors operating on the internet.
3 .2 The User will be exclusively and fully responsible for any use he makes of the information. The information is for the User's personal use only, and use thereof, including any reliance thereon, is the User's own risk. Inter alia, the User declares that he is aware that the pictures presented on the Site are for illustration only, and that differences between the representation on the screen and actual appearance are likely.
3 .3 The information is presented on the Site "as is". The Company is not responsible for coordinating the information to the User's needs and is not liable to the User for any inability to make use of the information for any reason what-so-ever. The User alone will bear responsibility for the manner in which he makes use of the information.
3 .4 The Company does all it can for the information to be as correct and precise as possible, however the information does not purport to be a full, complete or detailed analysis of all the subjects detailed therein. The information is only general, partial, and based inter alia on data that the Company acquired from third parties without examining the correctness thereof. Inter alia the Company will bear no responsibility for errors in the information presented on the Site, both by the Company and by third parties.
3 .5 The Company will not be responsible for any damage, inconvenience, loss, expense, or grief, which might be caused to the User or his property (inter alia the User's hardware and/or soft-ware) or to any third party, directly or indirectly, consequent to entering the Site and using the content thereof and/or in connection with the information, including, without derogating from the generality of the aforesaid, as a results of one of the following events and/or incidents:
A. Tardiness and/or delays in obtaining the information as a result of overloaded telecommunication lines.
B. Corruption, including deletion, error, imprecision or updating of information as a result of disruption and/or faults in telecommunication, hardware or soft-ware in the computer systems used by the User, the Company, or for any other reason.
C. Exposure or disclosure of information about the User to any third party resulting from the User's use of the Company Site and/or entering it, and/or from the User's means of securing the information.
3 .6 The Company will not be responsible for illegal activity on the Site by any User or any other factor that is not in its control.
3 .7 The Company will not be responsible for changes made in the information by the User or by any other third party.
3.8 The Site contains links to other internet sites. The Company supplies these links for the Site User's convenience only and bears no responsibility for the information appearing on the linked sites, their validity or legality. The Company is not responsible for any damage, direct or indirect, caused to the User and/or his property as a result of using or relying on the information and/or content appearing on the sites the User links to through or by using the links on the Company Site.
4 . The Site Soft-ware
4 .1 The User undertakes not to copy the soft-ware installed on the Site to another computer and/or to attempt to crack the program and/or decipher codes and/or internal structure of data and/or interfere with telecommunications or information in any way. The User's obligation under this clause is unlimited in time.
5 . Purchase Procedure
5 .1 GENERAL:
5 .1 .1 Ordering vacation packages (herein-after the "Services") at the Dan Hotels through the Site is a binding procedure, equivalent to reserving rooms using any other method through the chain's reservation center.
5 .1 .2 The Purchaser is permitted to use this Site only in order to make reservations and purchase Services and/or obtain information. No use is to be made of the Site for other purposes.
5 .2 PURCHASE METHOD:
Purchases through the Site are to be made by credit card; Services can be purchased through the Site using a valid credit card of one of the following companies: Visa C.A.L., Visa Leumi, Diners Club, American Express, Isracard, and Mastercard. The Dan Hotels may permit orders to be placed without a credit card while specifying ways to make payment and guarantee the reservation.
5 .3 PURCHASER'S PARTICULARS
5 .3 .1 At the time of purchasing Services on the Site and making the reservation as specified herein-after, the Purchaser will have to enter personal particulars (herein-after "Purchase Details"). The Site owner and/or operators and/or administrators and/or anyone on their behalf are not responsible for any error made by the Purchaser in keying in the Purchase Details, including an error in selecting the hotel, the vacation package, date, number of beds, or any other service ordered by the Purchaser through the Site. The Dan Hotels will not bear any responsibility, directly or indirectly, in the event Purchase Details are not input on the system and/or for any technical and/or other problem preventing the Purchaser from purchasing Services on the Site.
5 .3 .2 Entering the false Purchase details is a criminal transgression and legal measures will be taken against perpetrators, including claims for damages in respect of damages that might be caused to the Site, its operators and/or any of its owners and/or administrators and/or anyone on their behalf.
5 .3 .3 The Company will refrain as much as possible from passing the User's personal particulars to third parties unless obliged to do so according to judicial order or if threatened with legal measures (criminal or civil) being taken against it in respect of acts done by the User on the Site. In this case the Company is permitted to deliver the User's details to the party claiming to have been injured by the User, or in accordance with the provisions of the judicial order.
5 .3 .4 The User declares that he is aware that upon entering the Purchase Details he will be included in the Company's database. The Company will be permitted to use the Purchase Details for the purpose of improving the Services it offers to the User on Site as well as to contact the User by regular mail, electronic mail, and any other means of communication, and for adapting the Site to his personal preferences and needs. Unless the User so desires, except for as set out in Clause 5.3.2 above, the Company will not transfer to others information that might identify the User personally. The User's Purchase Details will be removed from the Company's information database to the extent that the User specifically notifies the Company in writing that he is not interested in being included in the Company's database.
5 .4 MAKING RESERVATIONS
Reservations will be made by entering Purchase Details on the online forms, as follows:
5 .4 .1 Reservations Made by Providing Credit Card Details on Site The Purchaser will make the reservation on Site using a credit card. After entering the card's details, a notification of confirmation of the reservation will be sent to the Purchaser's email. This notification is to be printed and brought to the reception desk at the hotel for which the reservation was made, as confirmation of making the reservation. It is emphasized that details of the credit card entered on the Site are intended only to guarantee the reservation, and the credit card will be charged only at the time of actual arrival at the hotel.
5 .4 .2 Reservations Made by Giving Credit Card Details by Telephone to a Dan Hotels Representative Dan Hotels may permit a different procedure for reservations where the Purchaser enters all his personal particulars, except the credit card details. The reservation will not be confirmed automatically, but only after a Dan Hotels representative telephones the Purchaser and obtains his credit card details. A Dan Hotels representative will contact the Purchaser within two business days from the time the registration input is received by Dan Hotels, during the hours the Dan Hotel's reservation center is open.
Sunday - Thursday: 08:00-19:00
To remove doubt, reservations are on a basis of available space only, and will be confirmed after a Dan Hotels representative has replied to the Purchase and confirmed the reservation. Without confirmation the reservation is not binding on the Dan Hotels.
5 .5 PAYMENT TERMS:
5 .5 .1 The prices on the Site are in New Israeli Shekels and include v.a.t. The prices in Eilat do not include v.a.t.
5 .5 .2 The prices on the Site in New Israeli Shekels apply only to Israeli citizens who have a permanent address in Israel and/or who live permanently in Israel.
5 .6 CUSTOMER CLUB MEMBERS:
5 .6 .1 A Purchaser who is a member of one of the Dan Hotels clubs "E-Dan", "King David Crown" or "Shelach" for business customers of the Dan Hotels, will be entitled to a discount granted to the club member when entering his Purchase Details. The Purchaser must present his club membership card at the time of his arrival at the hotel in order to receive the discount given when the reservation was made.
5 .6 .2 It is emphasized that club members are not entitled to discounts in addition to those for accommodation published from time to time by Dan Hotels on the Site.
5 .6 .3 To the extent that the Purchaser does not have a club card in his possession at the time of his arrival at the hotel, the discount given at the time of making the reservation will be cancelled and he will be charged the full rate according to the price list valid at that time.
5.7 Reservation may be cancelled up to 48 hours prior to arrival (exceptions 5.7.2)
5.7.1 Cancellation charges for cancellations received within 48 hours of arrival will be 1 full night charge
5.7.2 For High and Peak periods (Jewish/Christian Holidays and August) cancellation of 14 days or more prior to arrival date, no cancellation charges will be applicable. Cancellations received less than 14 days prior to arrival date will be charged one night.
5.7.3 At the following hotels the below is correct for the specified room types:
Dan Accadia – Chalet Rooms
Dan Eilat – Family Rooms
King David Jerusalem – Deluxe Old City, Deluxe Old City Top and Garden rooms – 1 night cancellation fee for cancellations received 28 days prior to arrival. Full period of cancelation fee for cancelations of less than 7 days prior to arrival.
5.7.4 Special rooms and suites cancellation policies will be advised by the hotel at time of booking.
5.7.5 Dan Hotels reserves the right to change cancelation policies or fees upon prior advise to the client
5 .8 .1 The Purchaser's stay at the hotel will begin 15:00 on the day of arrived as per the reservation until 12:00 on the day of departure as per the reservation.
5 .8 .2 For all matters connected with staying at the hotel, an infant is considered to be under two years of age, and a child is considered to be between the ages of two and twelve years.
5 .8 .3 The number of places is limited, and reservations are made on the basis of space available.
5 .8 .4 The Purchaser shall not benefit from any double offers, discounts, special rates or any other promotions.
6 . Purchase Procedure
6 .1 The Company may terminate the Users use of the Site if he does not fulfill the terms of this agreement and/or part thereof.
6 .2 The Company may change the Site conditions from time to time without prior notice to the User. The Company will publish the new conditions on the Site and they will be valid upon publication.
6 .3 The Company may close the Site and change its structure, content, look, scope, and the availability of the Services and substance thereof provided therein from time to time, as well as any other aspect of the Site and its operation, without it being necessary to notify the User thereof in advance. The User declares that he will have no claim and/or suit and/or demand against the Company in connection therewith.
6 .4 The Company may cancel or change the terms of accepting reservations, as well as any prices published on the Site, at any time.
6 .5 Only the laws of the State of Israel will apply to this Site. Exclusive jurisdiction in any matter connected with this agreement and use of the Site is given to the competent courts of the District of Tel Aviv -Jaffa.