E-DAN club Terms and Conditions

E-DAN Club Regulations

General
1. These Regulations shall apply to all members of the E-DAN customers club managed by Dan Hotels Ltd., Public Company No. 520023573 (hereinafter: the "Regulations", the "Club" and the "Company" or "Dan", accordingly).

"Company Website" - the Company's website: www.danhotels.co.il or www.danhotels.com.

"Accommodation" - A stay at a hotel including sleeping.

"Club Member" - A private individual who is at least 18 years old who has joined the club and who fulfills all the conditions of these Regulations.

1. The provisions of these Regulations shall apply to any use made by the Club Member in connection with the Club Membership and will constitute the legal basis for any issue and discussions between the Member and the Company.
2. The Regulations exhaust and regulate the relations between a Club Member and the Company, and the joining of the Club constitutes and expresses full consent by the Club Member to all the conditions of the Regulations, as detailed below.
3. The Company reserves the right for itself to amend and/or add to and/or detract from and/or update the Regulations, fully or partially, at any time, at its exclusive and absolute discretion, without the need to provide prior notice to the Club Member. Starting from the date of the change of the Regulations and its publication on the Company Website, the new wording of the Regulations will be binding on Club Members, provided that rights accumulated by Club Members up until the amending of the Regulations will not be harmed. The binding version of the Regulations is the version held, from time to time, at the Company's offices.
4. In any event of a conflict and/or discrepancy between the Regulations and any other regulations and/or any previous regulations and any other publication, whether in writing or verbally, or any kind and sort, the provisions of these Regulations shall take precedence and shall be binding.
5. The hotels of the Company in which the rights granted to Club Members, as detailed in these Regulations, may be exercised will be all hotels of the chain in Israel only (hereinafter: the "Hotel Chain").

The Company may, at any time, and at its exclusive discretion, determine that certain hotels be excluded, or be added, temporarily or permanently, to the hotels where rights granted to the Club Members under these Regulations may be exercised.

1. For the sake of convenience only, these Regulations are written in the masculine form, however they are designated for both genders, as one.

Joining the Club and Club Membership
1. Membership of the Club is for individuals, for private use only.

The definition "single" - an individual who has been admitted as a Club Member and has agreed to all the rules and procedures of these Regulations.

It is clarified that corporations, businesses, groups and organizations of any kind and sort cannot be Club Members.

Benefits and Privileges for Club Members

In the calculating of the points for accumulation, the amount of points up to 0.49 will be rounded off downwards and when the amount, after the calculation, is equivalent or above 0.5 - the amount will be rounded off upwards to the next point.

For example: at the time of payment of the sum of NIS 5,000, value added tax will be deducted (in the sum of NIS 726) and will entitle the Club Member to 85 Cash Dan Points.

1. 1. It is clarified that the accumulating of points will be done after the deduction of the value added tax component from the payable amount. The example can be seen in Section REF _Ref72758193 \r \h 3.9.9.
  2. No accumulation will be allowed on the holding of events at all, regardless of whether this involves the holding of an event of a Club Member who is a guest at the hotel or a Club Member who is not a guest at the hotel.

"An event" for the purposes of the Regulations: the holding of a meal/convention of any sort, for more than ten persons and/or the opening of a special separate room/ separate hall for the holding of the event.

2. Realization of Cash Dan Points

It is clarified that the only possibility of realization given to a Club Member who is not staying over at the hotel is the possibility of realization as stated in this Section 3.10.9.3.

1. 1. The realization of Points as detailed below will not be possible:
    1. It is clarified that Cash Dan Points cannot be realized for services which are not expressly stated in these Regulations.
    2. It is clarified that Cash Dan Points Cannot at all be realized for the holding of events and/or conferences at the hotels of the Chain even if they are related to Accommodation at the hotel.

An event for the purpose of the Regulations: the holding of a meal/convention of any sort above ten persons and/or the opening of a special separate room - separate hall for the holding of the event.

1. 1. 1. It is further clarified that Cash Dan Points cannot be realized for the purchase of subscriptions to swimming pools of the Hotel Chain, gyms at the Hotel Chain and for spa treatments at the Hotel Chain.
2. Realization Points After the End of the Membership Period -
  1. A Club Member whose membership has ended will not be entitled to realize Points accumulated whilst he was a Club Member.
  2. The Company reserves the right for itself to offer deals which are limited in time, during the course of which it will be possible to make special accumulation or realization of Points by a Club Member.
3. Validity of the Cash Dan Points
  1. The validity of Cash Dan Points is for two years from the date of the accumulation thereof, so long as the membership of the Club Member is in force. If, during the course of the two years, a purchase has been carried out at hotels of the Chain, entitling the accumulation of Points, the validity of the Points which have not been realized will be extended by another two years starting from the last date of purchase which accumulated Points and up until the new purchase which shall start after two years.
  2. Expired points will not be extended and/or returned nor will credit of any sort be given for them.

1. Upgrading to Secondary Clubs
  1. E-DAN GOLD
    1. A Club Member whose total purchases at hotels of the Chain and during the course of Accommodations, including stayover only, is greater than NIS 20,000 (including VAT as required by law) during the course of a calendar year will be upgraded to a GOLD Club Member.
    2. In addition to the benefits all members of the GOLD Club will also enjoy the following:
A birthday gift - a meal for two at a 50% discount at one of the dining rooms or restaurants of the Hotel Chain - which can be exercised 3 months, on any day of the week, after prior coordination. Not valid on festival eves, festivals, whether Jewish or Christian and in the month of August.
At the discretion of the hotel the Club Member will be provided with a "gift package" (the package is not always the same and the giving thereof is subject to the decision and discretion of the hotel).

1. 1. E-DAN PLATINA
    1. A Club Member whose total purchases at the hotels of the Chain and during Accommodations including sleepover only, is greater than NIS 60,000 (including VAT as required by law) during the course of a calendar year, will be upgraded to a PLATINA Club Membership.
    2. In addition to the benefits all members of the PLATINA Club will also enjoy the following:
The upgrading of the class of the room by one category, if possible and as subject to availability of rooms in the hotel, not including suites and special rooms, at the discretion of the hotel.
Free entry into the business lounge at the hotel during the Accommodation, if any.
A birthday gift - a free meal for two at restaurants of the Hotel Chain - valid for utilization for 3 months on all days of the week after prior coordination. Not valid on festival eves, festivals, whether Jewish or Christian and in the month of August.
At the discretion of the hotel the Club Member will be provided with a "gift package" (the package is not always the same and the giving thereof is subject to the decision and discretion of the hotel).
1. 1. The validity of the membership at the PLATINA or GOLD Club is for 12 months from the date of joining, furthermore, the validity of the membership will be extended by the number of months remaining up until the end of the year, that is to say up until 31.12. For example, a Club Member joining the Club in October, will have his membership at the Club for 12 months up until the following October, and another 2 (two) months will be added up until 31.12, that is to say up until the end of the year.
  2. A cessation of membership at a PLATINA or GOLD Club (if the Club Member does not comply with the necessary conditions for every Club as detailed in these Regulations) will be carried out at the end of the every calendar year on 31.12.

E-DAN Points - Transition Provisions from the Old Club Regulations
1. Points accumulated up until 4.7.2021 within the framework of the accumulation mechanism which was valid up until 4.7.2021 and in accordance with the old Regulations attached hereto as Appendix A of these Regulations, will be kept for the Club Member and all of the laws of the original mechanism for the validity and realization of the Points as detailed in Appendix A shall apply.
2. Starting from 5.7.2021, the realization of points accumulated up until 4.7.2021, within the framework detailed in Appendix A, will be possible contemporaneously with the accumulation and realization of Cash Dan points in accordance with these Regulations.

Marketing Information and Database
1. By filling in the details on the Club Membership Form and delivering it to the Company, the Club Member agrees to receive advertisements and mail from the Company (such as, deals, benefits, etc.) including by email messages and/or SMS messages and/or by advertising brochures.
2. The Club Member confirms that he is aware that the Company intends to forward marketing information to him about deals, discounts, benefits, advertisements including offers to purchase products, booking for events and various updates. If the Club Member is not interested in receiving messages of the above mentioned sort at all or of a certain sort, he is invited to send the Company a notice of refusal, at any time, by removing himself from the distribution list by clicking on the "unsubscribe" link in the email, including also by way of sending an email the following address: clubs@danhotels.co.il or by responding with a "unsubscribe" SMS message to a SMS message which he has received.
3. By joining the Club the Club Member confirms that the information about him, including information which he is to provide during the course of his membership in the Club, will be kept and included in the database of the Company and will be used for the purposes as detailed in these Regulations.
4. The Company's privacy policies may be viewed at: https://www.danhotels.co.il/AboutDanhotels/Privacypolicy .

Cancelation and/or Cessation of Membership
1. The Company may, at its exclusive discretion, cancel the membership of any Club Member (and especially someone who institutes or is in legal proceedings against the Company) and of someone whose means of payment have not been accepted by the banks, credit card companies, etc.
2. The Company may, but is not obligated, at any time, and without giving any prior notice, stop the membership of a Club Member in whose account Points have not accumulated for two years. A Club Member whose activities in the Club have been stopped, will be entitled to renew his membership by filing an application for such with the Company.

Cessation of Club Activities
1. The Company may announce, in any manner at any time that it deems appropriate, the cessation of the Club's activities, at its sole discretion (hereinafter: the "Notice").

Miscellaneous
1. For the avoidance of doubt, Dan is the sole authority for the interpretation of the rules and procedures of the Regulations.
2. A Club Member waives any claim and/or demand towards the Company in any event of a computer and/or network failure.
3. A Club Member is responsible to report to the Company about changes applicable to his personal details indicated on the internet website, such as his residential address, email address, telephone number, etc.
4. For the avoidance of doubt it is hereby clarified that the Points and the benefits which have accrued in favor of a Club Member are for his personal use only and are not deemed and/or considered the property of the Member.
5. The Company, may at any stage, file notice, at its exclusive and absolute discretion, that the benefits to which the Club Members were entitled within the framework of the Points which have they accumulated, will not be valid at certain hotels of the Company.
6. A Club Member is exclusively responsible to keep up to date about the changes to the Regulations, from time to time, on the Company Website, and to be updated on notices published on the Website of the Company for Club Members.
7. Joining the Club is deemed consent to all that stated in these Regulations, including any future change to the provisions of the Regulations. A Club Member shall have no demand and/or suit in connection with the Regulations and/or the changes to the Regulations.
8. Only Israeli law shall apply to the provisions of these Regulations, and a dispute shall be heard before the competent courts in the Tel Aviv-Yaffo District only.

E-DAN Club Regulations

1. General

1.1. These Regulations shall apply to all members of the E-DAN customers club managed by Dan Hotels Ltd., Public Company No. 520023573 (hereinafter: the "Regulations", the "Club" and the "Company" or "Dan", accordingly).

"Company Website" - the Company's website: www.danhotels.co.il or www.danhotels.com.

"Accommodation" - A stay at a hotel including sleeping.

"Club Member" - A private individual who is at least 18 years old who has joined the club and who fulfills all the conditions of these Regulations.

1.2. The provisions of these Regulations shall apply to any use made by the Club Member in connection with the Club Membership and will constitute the legal basis for any issue and discussions between the Member and the Company.

1.3. The Regulations exhaust and regulate the relations between a Club Member and the Company, and the joining of the Club constitutes and expresses full consent by the Club Member to all the conditions of the Regulations, as detailed below.

1.4. The Company reserves the right for itself to amend and/or add to and/or detract from and/or update the Regulations, fully or partially, at any time, at its exclusive and absolute discretion, without the need to provide prior notice to the Club Member. Starting from the date of the change of the Regulations and its publication on the Company Website, the new wording of the Regulations will be binding on Club Members, provided that rights accumulated by Club Members up until the amending of the Regulations will not be harmed. The binding version of the Regulations is the version held, from time to time, at the Company's offices.

1.5. In any event of a conflict and/or discrepancy between the Regulations and any other regulations and/or any previous regulations and any other publication, whether in writing or verbally, or any kind and sort, the provisions of these Regulations shall take precedence and shall be binding.

1.6. The hotels of the Company in which the rights granted to Club Members, as detailed in these Regulations, may be exercised will be all hotels of the chain in Israel only (hereinafter: the "Hotel Chain").

The Company may, at any time, and at its exclusive discretion, determine that certain hotels be excluded, or be added, temporarily or permanently, to the hotels where rights granted to the Club Members under these Regulations may be exercised.

1.7. For the sake of convenience only, these Regulations are written in the masculine form, however they are designated for both genders, as one.

2. Joining the Club and Club Membership

2.1. Membership of the Club is for individuals, for private use only.

The definition "single" - an individual who has been admitted as a Club Member and has agreed to all the rules and procedures of these Regulations.

It is clarified that corporations, businesses, groups and organizations of any kind and sort cannot be Club Members.

2.2. Anyone who is interested in such may join the Club provided he agrees to the provisions of these Regulations, the privacy policies and has agreed to receive marketing material as detailed below. The Company may, at its discretion, refuse to approve a person joining as a Club Member without the need to provide the reasons for the refusal.

2.3. Anyone interested in being a Club Member may do so on any platform which is updated by the Company and/or on any other channel as shall be decided upon by the Company, including by registration during the course of Accommodation at the hotel at the relevant station, by phone call with the booking center and on the Company Website. Anyone wishing to join by any one of the above said means will fill in/provide his personal details, address, email address, cell phone number and any other particular required to be provided, including identity card number, and will provide his consent for the conditions of these Regulations, the privacy policy and the receiving of advertising and marketing material, all on an accumulative basis. After receiving confirmation from the Company that he has been accepted as a Club Member, together with his personal membership number, the customer will be a Club Member. The Club Member will be required to present an identity document (identity document including identity number and picture) which will be used to identify him as a Club Member.

2.4. It is the Club Member's responsibility to update the Company about any relevant change to his details (through customer service at telephone no. 03-5204000 or by email: clubs@danhotels.co.il or on the Company's Website) in order to enable the Company to continue to inform him about deals and benefits. The Company will not be liable in any event for the non-receipt of a benefit, notice or anything else due to the Club Member's details not having being updated on time, or for any other reason, and the Club Member waives any claim against the Company and/or anyone on its behalf in connection with information and/or the benefits which have not been utilized by him because of the lack of details and/or erroneous details provided by him and/or which have not been updated by him.

2.5. It is clarified that the relevant information, including eligibility for benefits, etc., about club membership, appearing on the Company Website, is the information which must be relied upon, and no inquiry is to be made in any event to the Company and/or any of its representatives to receive information on Club Membership, including on the membership itself, and in any event, no reliance is to be made on information in connection with the existence of Club Membership and any other detail for the benefit or liability of a Club Member, which is provided by the Company's representatives, if such is provided. The information appearing and the details of the Club Member appearing on the Website, after being identified as a Club Member and entering into the member's personal area, is that which will be the determining information and it is the Club Member's responsibility to see to it that his details are updated there.

2.6. The Club's Period of Activity: The Club will be active until some other decision of the Company. Without derogating from the generality of the above said, the Company shall be entitled at any time to stop the Club's activities, without any prior notice of such.

2.7. Membership of the Club is of the Club Member personally and cannot be transferred or used or utilized by anyone else or through any other means.

2.8. Joining the Club is free - without payment. The Company reserves its right to correct and/or alter its decision, so that it shall start collecting signing up fees in any form whatsoever (including on a monthly or annual basis), all at its exclusive discretion. A Club Member who chooses not to pay the signing up fees, will cease his membership of the Club and his rights will expire, including his accumulated points.

3. Benefits and Privileges for Club Members

3.1. A Club Member will be granted a discount for which the amount will be determined at the discretion of the Company, for every direct booking of Accommodations at the Hotel Chain (above and below: "Club Discount"). It is clarified that the Club Discount will be given to a Club Member only if he registered as a Club Member before the making of the booking and, at that, at the time of the making of the booking, the guest identified himself as a Club Member. It is clarified that no Club Discount will be given, in any event, after the making of the booking has been completed.

3.2. Subject to Section 3.1, the eligibility to a Club Discount for a Club Member will be for two rooms only, booked in the name of the same Club Member. The Club Discount will be valid starting from the first stay of the Club Member at the Hotel Chain after joining the Club.

3.3. The Club Discount will only be given for a booking in which the guest himself is accommodated at the Hotel Chain. It is clarified that under no circumstances will the Club Discount be given when the Club Member himself is not staying at the hotel, including when carrying out a "remote transaction" - where the guest is not the booking Club Member, even if the Club Member executes the payment in effect.

3.4. The Club Discount will be given on the price list price as published for the general public which is valid at the time of the Accommodation.

3.5. Club Members will enjoy special benefits and deals, early updates about special events, all at the sole discretion of the Company. For the avoidance of doubt, the Company is not obligated to forward information and/or provide updates, as stated above, to the attention of Club Members.

3.6. The exercising of benefits for a Club Member, including the Club Discount, the accumulating of points, etc., will be made possible and will be given to a Club Member only, against identification of the Club Member at the Hotel Chain by way of presenting an identification document (identification document including identification number and picture), providing the Club Member number and email address, accumulatively. It is clarified that the systems of the hotel and the booking systems will not identify the Club Member automatically and the Club Member is responsible to identify himself.

3.7. There are no duplicate discounts and deals - a Club Member will not be entitled to further discounts, if any, within the framework of consumer co-operations (such as credit cards, organizations, various Club Members, etc.) and will be required to choose one option.

3.8. Points (Cash Dan)

3.8.1. Club Membership entitles Club Members to accumulate Cash Dan Points, which can be exercised in accordance with the rules and procedures of these Regulations to receive benefits of various sorts. Moreover, E-DAN Club Membership allows for various benefits which will be advertised by Dan from time to time, without the need to exercise or realize points to receive those benefits. It is hereby clarified that, within the framework of the benefits, benefits will also be given which are limited in time and quantity, and for which the early birds will be entitled to receive the benefit, until Dan announces the end of the benefits, at its exclusive discretion.

3.9. Accumulation of Points (Cash Dan)

3.9.1. The accumulating of points will only be possible for a guest room which will be booked and registered in the name of the Club Member who has identified himself in accordance with that as set out in Section REF _Ref72249083 \r \h \* MERGEFORMAT 3.7 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000D0000005F00520065006600370032003200340039003000380033000000 above. It is clarified that under no circumstances will accumulation be possible in a booking in which the guest himself is in effect not a Club Member even if the Club Member makes the booking and/or payment in effect.

3.9.2. The accumulating of points is personal and requires the personal presence of the Club Member in the hotel Accommodation. The accumulating of points cannot be transferred and/or shared between other Club Members when leaving the hotel. In any event it is clarified that the accumulating will be carried out by the Club Member who has actually made the payment and for whom the invoice has been issued in his name.

3.9.3. It is clarified that in order to accumulate points the Club Member is responsible to note, during the course of accommodation and before the closing of the account (the checkout) to the hotel representative, that he is a club member, whilst presenting an identification certificate including an ID number and picture, and providing any further details required by the hotel representative at the time of the payment. It is clarified that without identification as a Club Member before the hotel representative, the hotel will not be able to carry out the identification as a Club Member and will be unable to give the benefit and/or accumulation, and the Club Member waives any claim and/or demand in this matter.

3.9.4. A Club Member may accumulate Cash Dan Points for Accommodation of up to 2 rooms registered in his name, for every stay, provided that he has stayed himself in one of the said Accommodation rooms. There is no credit for Cash Dan Points for the additional rooms, even if they belong to the same booking. The possibility of accumulating for more than one room, as stated (up to 2 rooms) will only be possible if this involves the booking of two rooms in the Club Member's name for the Accommodation of the nuclear family in 2 rooms (parents and children below the age of 18 - because children under the age of 18 are not entitled to be accommodated at the Hotel Chain without an accompanying parent and/or guardian).

3.9.5. Subject to Section 3.9.4 above, the accumulating of points will be possible within the framework of the Accommodation, including sleeping over (for a night) in hotels of the chain only. Furthermore, a Club Member sleeping over at the hotel will also be able to accumulate points for purchases in the hotel such as: food and drink consumption from the hotel eateries and use of the hotel spa for therapies only, that is to say, not including the purchase of spa products, provided that the said purchases are registered on the account of the room and paid by him directly to the Company when leaving the hotel (at the time of the checkout) and the closing of the account. In any event, it is clarified that the accumulating of points will not be possible for purchases in the various shops in the hotel area, nor for the withdrawal of cash at the hotel reception and for any purchase and/or expense which has been defined and/or which shall be defined by Dan, at its discretion.

3.9.6. The accumulating of points for a stay over for a Club Member will possible for direct bookings from the Company (through the Call Dan Booking Center at telephone: 1700-50-50-80 and on the Company's Website) and for booking of Singles through travel agents. The accumulating of stayovers will not be possible in bookings within the framework of organizations and/or groups. At the same time, for bookings within an organizational and/or group framework for Accommodation, including stayovers (night), the accumulation of points will be possible for purchases of food and drink at the hotel carried out by the Club Member, provided that the said purchases are registered on the room account and are paid by him directly at the hotel when checking out from the hotel and closing the account.

3.9.7. It is clarified that the accumulating of points will only be carried out on the component actually paid by cash and/or credit card. Accumulation will not be possible in consideration for a stayover of OTH Accommodation, compensation, realization of Dan payments, payment made by realization of points (of any sort), fully or partially, accommodation packages including flights, and lengthy Accommodation of more than 21 continuous nights.

3.9.8. It is clarified that, under no circumstances, will the retrospective accumulation of points be allowed after the making of the payment (settling of the account) when checking out from the hotel and after leaving the hotel. A Club Member waives any claim and/or demand in this matter.

3.9.9. Club Members will be entitled to use Accommodation vouchers which are sold on the Company's Website. In any event, it is the sole responsibility of the Club Member to check, before making the Accommodation booking and/or the stayover at the hotel, to check whether it is possible to realize the voucher at the Hotel Chain and whether it is possible to accumulate Cash Dan Points for such. A Club Member waives any claim and/or demand in this matter.

3.9.10. Cash Dan Points will be accumulated in such a way so that the Cash Dan Points will be given values in New Israel Shekels, equivalent to 2% of the amount paid for which points can be accumulated in accordance with these Regulations.

In the calculating of the points for accumulation, the amount of points up to 0.49 will be rounded off downwards and when the amount, after the calculation, is equivalent or above 0.5 - the amount will be rounded off upwards to the next point.

For example: at the time of payment of the sum of NIS 5,000, value added tax will be deducted (in the sum of NIS 726) and will entitle the Club Member to 85 Cash Dan Points.

3.9.11. It is clarified that the accumulating of points will be done after the deduction of the value added tax component from the payable amount. The example can be seen in Section REF _Ref72758193 \r \h 3.9.9.

3.9.12. No accumulation will be allowed on the holding of events at all, regardless of whether this involves the holding of an event of a Club Member who is a guest at the hotel or a Club Member who is not a guest at the hotel.

"An event" for the purposes of the Regulations: the holding of a meal/convention of any sort, for more than ten persons and/or the opening of a special separate room/ separate hall for the holding of the event.

3.9.13. Subject to the deduction of the value added tax component as stated in Section 3.9.10, it is hereby clarified that the accumulating of points is up to a maximum sum of 1,000 points for one accommodation, that is to say, the accumulating of points will not be allowed above the said sum of points for one accommodation.

3.9.14. Should a Club Member request to carry out a transfer of points to another Club Member, he must do this independently in his personal area on the Company Website and subject to the Company's policies. It is clarified that the transfer of points will not be allowed in any other way, and that the Company and/or anyone on its behalf will not be responsible in any manner for the transfer and/or non-transfer of the points, including because of technical failures on the Website, and the Club Member waives any claim and/or demand in this matter.

3.9.15. Points which have been accumulated for a Club Member will come into force 24 hours, or within one business day, after leaving the hotel and closing the account for the Accommodation made at the time of the checkout from the hotel. It is clarified that this directive is also valid even if it possible to see the accumulation on the invoice or on any other document. The actual realization of the accumulated points will only be possible after 24 hours or one business day as stated, from the time of the checkout.

3.9.16. The Company may, from time to time, determine different accumulation rates, all at its sole and absolute discretion, including different accumulation rates between the hotels/different accumulation rates in different periods of time/types of guests/secondary clubs.

3.9.17. Without derogating from the generality of the above said the Company shall be entitled to cancel, at any time, and at its sole discretion, the accumulation benefit and/or any other benefit granted to the Club Members in accordance with these Regulations.

3.9.18. Where points have been accumulated for the benefit of a Club Member because of a booking and/or a purchase in which the payment means were not accepted, the Cash Dan Points credited to the Club Member for the booking and/or the said purchase, will be deleted.

3.9.19. In the case of the cancelation of a transaction (in accordance with the Company's policies) for which Cash Dan Points have been accumulated, the accumulated Cash Dan Points for the canceled transaction will be deleted. In the case of the cancelation of the accumulated Cash Dan Points having already been realized by the Club Member before the cancelation of the transition, the Club Member will be required to pay the value of those points when cancelling the transaction.

3.9.20. It is hereby clarified that the Company shall be exempt from any liability towards Club Members in the event of errors occurring in the accumulating of the Cash Dan Points of the Club Members as a result of a technical and/or electronic and/or other fault in the software and/or the hard ware of the Company computer and/or the Company Website.

3.9.21. A Club Member will be responsible for updating the state of the accumulated points to his credit, by checking the Company Website and by entering into his personal area on the Company Website, as well as the Club Member being responsible for being updated on the current Club rules and procedures as decided by the Company from time to time, and Dan shall have no liability of any kind and sort in connection with such. The Company may, but is not obligated, to setup a station in hotels, or some of them, where it will be possible to be kept updated on the state of every members' points account.

3.9.22. If, in the view of the Club Dan Member, he is entitled to receive points for a certain stay, which have not been added to his account, he must file a request, in writing only, within 6 months after that stay, with the Customer Club of the Dan Hotel at the following address: clubs@danhotels.co.il, together with a true copy of the original of the invoice or any other documents he may be required to provide. Not attaching the said invoices and documents shall be grounds for not awarding the said points.

3.9.23. The accumulating of the said points will only be possible for Accommodation and further expenses as stated in Section 3.9.3 above and points cannot be accumulated for monthly rental of rental units in buildings managed by Dan Hotels.

3.9.24. The accumulating of points will only be possible by Accommodation in one of the hotels of the chain and subject to that as stipulated in Section 3.9.4 above, which, in accordance with the decision of Dan, is an active hotel in the Dan Club. If the Company has announced, on the Website and/or by any other means, that a certain hotel has ceased to be active in the Club framework, it will not be possible to accumulate points in that hotel, even if the booking was made prior to the filing of the said notice by Dan.

3.9.25. A Club Member who has joined the Club when staying as a guest in the hotel, provided that he joined before carrying out the checkout procedure, will be entitled to accumulate Cash Dan Points, however he will be prevented from receiving the other Accommodation benefits during the course of the present stay at the hotel, including the Club Discounts.

3.9.26. It is hereby clarified that the accumulation will be done on the basis of the "New Israel Shekel" currency only, i.e., should payment be received in foreign currency, including, but not solely, dollar, euro, pound sterling and/or any other currency, the accumulation will be done in accordance with the valid conversion rate of the New Israel Shekel in the hotel system at the time of the checkout.

3.10. Realization of Cash Dan Points

3.10.1. The value of all the Cash Dan Points for realization, as stated, at the time of the making of purchases and/or booking future accommodation by a Club Member is 1 (one) NIS inclusive of VAT (above and below: the "Cash Dan Points" or the "Points").

3.10.2. The realization of the Cash Dan Points will be possible so long as the Points are valid and in accordance with the provisions of these Regulations. It will not be possible to extend the validity of Points which have expired. Valid Points are Points which have been accumulated in the account of a Club Member for previous Accommodation in accordance with that as stipulated in Section REF _Ref72759571 \r \h \* MERGEFORMAT 3.9.15 above, without the calculation and/or addition of Points for present Accommodation.

3.10.3. The realization of the Points will only be possible by a Club Member himself, that is to say, the presence of the Club Member at the time of payment is obligatory. A Club Member will identify himself by noting his Club Membership number, presenting an identification document and noting his email. Under no circumstances will it be possible to realize Points if the Club Member is not present.

3.10.4. It will not be possible to have a negative point balance.

3.10.5. Realization of Points will be possible at the time of the closing of the account when leaving the hotel (checkout) for amounts which have accumulated in the account of a guest being charged on account of a room of a Club Member only.

3.10.6. It is clarified that it will not be possible to retrospectively realize Points on account of accumulated Points during a present Accommodation. As stated, the realization of the Points may only be carried out 24 hours after accumulating them and leaving the hotel as stated in Section REF _Ref75176620 \r \h \* MERGEFORMAT 3.10.2 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000D0000005F00520065006600370035003100370036003600320030000000 above.

3.10.7. Under no circumstances will change be given for the realization of Points. When realizing a decimal amount above 0.01 it will be charged like the realization of a whole point.

3.10.8. The realization of points will only be possible for a payment made directly at the hotel cashier, and will not be possible for realization through any third party, even in consideration for Accommodation services or restaurant services at the hotel chain.

3.10.9. The realization of points will be possible at the Hotel Chain for the following services:

3.10.9.1. The realization of Points will be done when checking out and closing the account for accommodation at hotels of the chain for a direct booking only which has been made through the Call Dan Booking Center at telephone 1700-50-50-80 and on the Company Website.

3.10.9.2. Purchases registered at points of sale in the hotel for a Club Member's room staying over at the hotel, for food and drink services. Not including shops in the area of the hotel such as: the purchase of spa products, jewelry stores, hairdressing salons, convenience stores, attraction stalls, etc.

3.10.9.3. A Club Member who is not staying over at the hotel may realize Points at points of sale in the hotel providing food and drink services, not including shops in the hotel area such as: spa (including the full array of services), parking, jewelry stores, hair salons, convenience stores, attraction stalls, etc. It is clarified that a Club Member interested in realizing points for meals at hotels of the Chain will be required to book a place in advance and to coordinate with the hotel his intention to realize the Points without being a guest at the hotel.

It is clarified that the only possibility of realization given to a Club Member who is not staying over at the hotel is the possibility of realization as stated in this Section 3.10.9.3.

3.10.10. The realization of Points as detailed below will not be possible:

3.10.10.1. It is clarified that Cash Dan Points cannot be realized for services which are not expressly stated in these Regulations.

3.10.10.2. It is clarified that Cash Dan Points Cannot at all be realized for the holding of events and/or conferences at the hotels of the Chain even if they are related to Accommodation at the hotel.

An event for the purpose of the Regulations: the holding of a meal/convention of any sort above ten persons and/or the opening of a special separate room - separate hall for the holding of the event.

3.10.10.3. It is further clarified that Cash Dan Points cannot be realized for the purchase of subscriptions to swimming pools of the Hotel Chain, gyms at the Hotel Chain and for spa treatments at the Hotel Chain.

3.11. Realization Points After the End of the Membership Period -

3.11.1. A Club Member whose membership has ended will not be entitled to realize Points accumulated whilst he was a Club Member.

3.11.2. The Company reserves the right for itself to offer deals which are limited in time, during the course of which it will be possible to make special accumulation or realization of Points by a Club Member.

3.12. Validity of the Cash Dan Points

3.12.1. The validity of Cash Dan Points is for two years from the date of the accumulation thereof, so long as the membership of the Club Member is in force. If, during the course of the two years, a purchase has been carried out at hotels of the Chain, entitling the accumulation of Points, the validity of the Points which have not been realized will be extended by another two years starting from the last date of purchase which accumulated Points and up until the new purchase which shall start after two years.

3.12.2. Expired points will not be extended and/or returned nor will credit of any sort be given for them.

3.13. Upgrading to Secondary Clubs

3.13.1. E-DAN GOLD

3.13.1.1. A Club Member whose total purchases at hotels of the Chain and during the course of Accommodations, including stayover only, is greater than NIS 20,000 (including VAT as required by law) during the course of a calendar year will be upgraded to a GOLD Club Member.

3.13.1.2. In addition to the benefits all members of the GOLD Club will also enjoy the following:

· A birthday gift - a meal for two at a 50% discount at one of the dining rooms or restaurants of the Hotel Chain - which can be exercised 3 months, on any day of the week, after prior coordination. Not valid on festival eves, festivals, whether Jewish or Christian and in the month of August.

· At the discretion of the hotel the Club Member will be provided with a "gift package" (the package is not always the same and the giving thereof is subject to the decision and discretion of the hotel).

3.13.2. E-DAN PLATINA

3.13.2.1. A Club Member whose total purchases at the hotels of the Chain and during Accommodations including sleepover only, is greater than NIS 60,000 (including VAT as required by law) during the course of a calendar year, will be upgraded to a PLATINA Club Membership.

3.13.2.2. In addition to the benefits all members of the PLATINA Club will also enjoy the following:

· The upgrading of the class of the room by one category, if possible and as subject to availability of rooms in the hotel, not including suites and special rooms, at the discretion of the hotel.

· Free entry into the business lounge at the hotel during the Accommodation, if any.

· A birthday gift - a free meal for two at restaurants of the Hotel Chain - valid for utilization for 3 months on all days of the week after prior coordination. Not valid on festival eves, festivals, whether Jewish or Christian and in the month of August.

· At the discretion of the hotel the Club Member will be provided with a "gift package" (the package is not always the same and the giving thereof is subject to the decision and discretion of the hotel).

3.13.3. The validity of the membership at the PLATINA or GOLD Club is for 12 months from the date of joining, furthermore, the validity of the membership will be extended by the number of months remaining up until the end of the year, that is to say up until 31.12. For example, a Club Member joining the Club in October, will have his membership at the Club for 12 months up until the following October, and another 2 (two) months will be added up until 31.12, that is to say up until the end of the year.

3.13.4. A cessation of membership at a PLATINA or GOLD Club (if the Club Member does not comply with the necessary conditions for every Club as detailed in these Regulations) will be carried out at the end of the every calendar year on 31.12.

E-DAN Points - Transition Provisions from the Old Club Regulations

4.1. Points accumulated up until 4.7.2021 within the framework of the accumulation mechanism which was valid up until 4.7.2021 and in accordance with the old Regulations attached hereto as Appendix A (click here) of these Regulations, will be kept for the Club Member and all of the laws of the original mechanism for the validity and realization of the Points as detailed in Appendix A (click here) shall apply.

4.2. Starting from 5.7.2021, the realization of points accumulated up until 4.7.2021, within the framework detailed in Appendix A (click here), will be possible contemporaneously with the accumulation and realization of Cash Dan points in accordance with these Regulations.

Marketing Information and Database

5.1. By filling in the details on the Club Membership Form and delivering it to the Company, the Club Member agrees to receive advertisements and mail from the Company (such as, deals, benefits, etc.) including by email messages and/or SMS messages and/or by advertising brochures.

5.2. The Club Member confirms that he is aware that the Company intends to forward marketing information to him about deals, discounts, benefits, advertisements including offers to purchase products, booking for events and various updates. If the Club Member is not interested in receiving messages of the above mentioned sort at all or of a certain sort, he is invited to send the Company a notice of refusal, at any time, by removing himself from the distribution list by clicking on the "unsubscribe" link in the email, including also by way of sending an email the following address: clubs@danhotels.co.il or by responding with a "unsubscribe" SMS message to a SMS message which he has received.

5.3. By joining the Club the Club Member confirms that the information about him, including information which he is to provide during the course of his membership in the Club, will be kept and included in the database of the Company and will be used for the purposes as detailed in these Regulations.

5.4. The Company's privacy policies may be viewed at: https://www.danhotels.com/AboutDanhotels/Privacypolicy .

6. Cancelation and/or Cessation of Membership

6.1. The Company may, at its exclusive discretion, cancel the membership of any Club Member (and especially someone who institutes or is in legal proceedings against the Company) and of someone whose means of payment have not been accepted by the banks, credit card companies, etc.

6.2. The Company may, but is not obligated, at any time, and without giving any prior notice, stop the membership of a Club Member in whose account Points have not accumulated for two years. A Club Member whose activities in the Club have been stopped, will be entitled to renew his membership by filing an application for such with the Company.

7. Cessation of Club Activities

7.1. The Company may announce, in any manner at any time that it deems appropriate, the cessation of the Club's activities, at its sole discretion (hereinafter: the "Notice").

8. Miscellaneous

8.1. For the avoidance of doubt, Dan is the sole authority for the interpretation of the rules and procedures of the Regulations.

8.2. A Club Member waives any claim and/or demand towards the Company in any event of a computer and/or network failure.

8.3. A Club Member is responsible to report to the Company about changes applicable to his personal details indicated on the internet website, such as his residential address, email address, telephone number, etc.

8.4. For the avoidance of doubt it is hereby clarified that the Points and the benefits which have accrued in favor of a Club Member are for his personal use only and are not deemed and/or considered the property of the Member.

8.5. The Company, may at any stage, file notice, at its exclusive and absolute discretion, that the benefits to which the Club Members were entitled within the framework of the Points which have they accumulated, will not be valid at certain hotels of the Company.

8.6. A Club Member is exclusively responsible to keep up to date about the changes to the Regulations, from time to time, on the Company Website, and to be updated on notices published on the Website of the Company for Club Members.

8.7. Joining the Club is deemed consent to all that stated in these Regulations, including any future change to the provisions of the Regulations. A Club Member shall have no demand and/or suit in connection with the Regulations and/or the changes to the Regulations.

8.8. Only Israeli law shall apply to the provisions of these Regulations, and a dispute shall be heard before the competent courts in the Tel Aviv-Yaffo District only.

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