The Policy of Dan Hotels Ltd. (hereinafter, “the Policy” or “this Policy” and the “Company” – respectively) regarding the Company’s undertaking to offer the lowest prices available on the Internet
The Company guarantees that the prices offered on the Company’s official website (in various languages) for accommodation packages at the Company’s hotels, will be the lowest of any other prices offered on competing websites which offer accommodation packages at hotels throughout Israel (including accommodation packages for stays at the Company’s hotels) (hereinafter, the “Competing Websites”), otherwise the Company will match the lower price, as set forth below;
Subject to the provisions of this Policy, if you find an offer, on any Competing Website, for accommodation package at the Company’s hotels which is lower than the price offered for an identical accommodation package on the Company’s website – the Company undertakes to match the offer for the accommodation package on the Competing Website (hereinafter, the “Company’s Undertaking”).
For the avoidance of any doubt, we would like to clarify that the Company’s Undertaking as set out in this Policy, will apply only to offers which are made on the Competing Websites and will not, in any event, apply with regard to offers made on the Company’s website (in the various languages) and/or on other websites which are owned by the Company, where the offers made thereon could vary due to currency exchange rates, VAT or some other tax, membership in a customer club, loyalty programs, a particular target clienteles (such as Israeli citizens or non-Israeli citizens) and similar.
We would also like to emphasize that the Company’s undertaking will always be subject to offers for members of the e-dan Club which is an internet loyalty program that was set up by the Company and which, inter alia, gives a discount of 5% on any order placed directly through the Company’s website. It should be clarified that membership in the e-dan Club does not involve any payment and that participation in the Club is free and open to everyone.
1.1 This Policy is an integral part of the Legal Terms which can be found on the Company’s website (hereinafter, the “Regulations”).
1.2 The terms used in this Policy will have the interpretation given to them in the Regulations, unless otherwise indicated in this Policy.
1.3 In any event of a contradiction between the provisions of the Policy and the provisions of the Regulations, the provisions of this Policy will prevail.
2. The Company’s Undertaking and its Conditions
2.1 The Company’s Undertaking will only apply with respect to accommodation packages, which are offered for sale to all public, in the ordinary course of the Competing Websites’ business. It is stressed that the Company’s Undertaking will not apply with respect to accommodation packages which are offered in the context of group sales/purchases, including offers to members of consumer clubs and customer clubs, and/or when the Company enters into direct agreements with various corporations/organizations, and/or coupons, and/or benefits offered to credit card holders, and/or individual discounts and special offers, and/or when the offer of accommodation package is made for marketing purposes only, without the option of actually ordering the package, or when – at the time of placing an order, the customer cannot know for certain at which hotel he will be staying and/or when the offer is the outcome of an error and/or technical mistake.
2.2 A User (a private individual only, i.e. someone who is not a corporation and/or a business) who purchases accommodation package through the Company’s website, has completed the ordering process, had received to his email address a confirmation of his order, and who identifies, by not later than 24 hours from the time of receiving confirmation of his said order, on the Competing Websites, accommodation package at the same Dan Hotels hotel, which is identical to the accommodation package which he has ordered, including (partial list), on the same dates (Check-in and Check-out dates), the same number of guests, the same room-type and accommodation type and the same cancellation terms – at a price which is lower than that at which he has purchased that accommodation package on the Company’s website (hereinafter, the “User” and the “Competing Accommodation Package”, respectively), will be entitled to apply to the Company by email to email@example.com and ask for the price which he has paid for that accommodation package on the Company’s website, to be adjusted to the price of the accommodation package on the Competing Website (hereinafter, the “Application”).
2.3 In the Application, the User will give details of his claim and will set out the time at which he received confirmation that his order had been processed, the time at which he identified the Competing Accommodation Package, the price at which he purchased the accommodation package on the Company’s website and the price of the Competing Accommodation Package. In addition, the User will provide his personal details, including his contact details.
2.4 Without derogating from section 2.3 above, the User will attach a link to the Competing Website on which the Competing Accommodation Package was located and where it is clearly shown that the price of the Competing Accommodation Package is actually lower than the price stated on the order that he has placed on the Company’s website. It must be emphasized that the offered price of the Competing Accommodation Package must be “on-line” when the appropriate people in the Company check the Application.
2.5 The Company will review the Application and if it is found that the Competing Accommodation Package complies, inter alia, with the conditions set out in section 2.2 above and was offered for sale on the Competing Website at a lower price than the price at which it was purchased by the User on the Company’s website (in same currency), the Company undertakes to match the price, to revise the User’s order to the lower price, or to allow the User to receive a credit for the difference between the price which he has been charged for the accommodation package ordered on the Company’s website and the price of the Competing Accommodation Package that has been demonstrated to the Company in the Application. It is clarified that the User’s entitlement as stated in this section, is personal and may not be assigned and/or transferred, with or without consideration, to any third party.
2.6 For the avoidance of all doubt, it should be emphasized that the Company will be entitled, at its sole discretion, to check and verify what is stated in the User’s Application, directly with the Competing Website on which the Competing Accommodation Package is presented. In the event that the Company determines that the Competing Accommodation Package does not comply with the conditions set out in section 2.2, the User will not be entitled to any discount or benefit in respect of the accommodation package which he has ordered.
In the case of a contradiction and/or difference of interpretation, the Company’s decision will be final.
3.1 This Policy does not create any form undertaking by the Company towards the User other than that which is specified above or in the Regulations. For the avoidance of doubt, it is clarified that in any event, nothing stated in this Policy will impart to the User, any right whatsoever to cancel the order for the accommodation package, which he has placed.
3.2 If there is any suspicion of abuse and/or deception and/or unlawful practice when ordering the accommodation package on the Company’s website and/or if the User fails to comply with any of the provisions of the Policy – in full and on time – the Company is permitted not to approve the Application.
3.3 No failure and/or error which is caused by an event that is outside the Company’s control will any entitlement whatsoever to a User to any relief and/or right and/or remedy whatsoever.
3.4 The records of the Company, its systems and the systems of anyone acting on its behalf will constitute conclusive evidence of the User’s details, the order for accommodation package and the User’s Application to the Company.
3.5 The Company may terminate or amend this Policy at any time and at its sole discretion without being required to give prior notice, provided that the rights of a User who has placed a purchase order as stated above, through the Company’s website and prior to the cancelation or amendment of this Policy, are not infringed. The Company will have no liability to the User on the Company’s website or to any third party whatsoever if it terminates the Policy, temporarily or permanently, for any reason whatsoever.