Welcome to the website of Africa-Israel Hotels Ltd.
The operator of the website, as defined herewith, authorizes access to the site and the information, products, and services offered, subject to the terms detailed on the site and in these bylaws below (hereinafter: “Terms of Use” or “the Bylaws”).
Please make sure to read the Terms of Use, since your very use and activity on the site are construed as your consent to the Terms of Use, including making a purchase and ordering products and/or services through it, without restriction or reservation.
The wording of the Bylaws is in male tense for convenience purposes only, but it is intended for both women and men.
Definitions:
The “Site Operator” or “the Company” Africa-Israel Hotels Ltd., PC 520038977 and/or its representative, whose offices are at 29 HaLehi St, Bnei Brak.
“The Site” or “the Website”, which is owned in full by the site operator, at www.vert-hotels.co.il is every site named under a sub-domain that was purchased by the Site Operator, as long as it does not have specific Bylaws.
The “hotels” or “the Hotels” owned and/or managed by the site operator in Israel that have, among other things, the brand name “Crowne Plaza”, “Indigo”, “Vert”, and “Haifa Bay View”. To clarify, the bylaws serve as a third party contract with respect to all of the hotels and/or the subsidiaries of the Site Operator that own the rights on the hotels and/or to manage them, by way that every right (but not required) granted to the Site Operator (including the right to use credit cards given as a security), will also to the Company’s subsidiaries and/or the hotels under their management. It is also clarified that where the wording “Hotel” or “the Hotel” appears, it means implicitly the Site Operator’s subsidiary and/or Site Operator, with respect to charging the user in this regards and/or with respect to granting the Hotel any right per any section of the Bylaws.
“User” or “Users” are any person (who is not a corporation or a business) that browses and/or views the website, and/or books a vacation, and/or services via the Website and/or used the Site and/or the information it includes in another way, as per the instructions and the terms detailed in the Bylaws and the Site.
“The Booking System” is an online system working on the Website, with which the users may book a room at hotels, and/or order other services to be supplied from time to time on the site, as applicable, as per the instructions of the Bylaws and the Site.
“Order Form” means an order form on the Site that should be completed by any user that wishes to make a reservation using the Order system, by entering the order information, as defined below, as per the instructions detailed on the Site and the Bylaws.
“Using the Site” means browsing and/or viewing the website, and/or booking a vacation, and/or other services via the website and/or via the Order System, and/or buying products via the Website, and/or used the Website and/or the information it contains in another way, as per the instructions and the terms detailed in the Bylaws and the Site.
The “Law” means the Consumer Protection Law, 5741-1981.
“Order Cancelation” as defined by law with respect to remotely canceling hospitality services transaction, including canceling an order placed by the website user, subject to the Law and the terms of the Bylaws, after the user placed an order using the website’s Order System, approved the order and having received an order confirmation (as defined below).
1. General:
2. The Bylaws regulate the relations, and serve as a binding agreement between the Site Operator and any person and/or corporation and/or a business, and/or anyone that browses and/or views the Website, and/or books services, and/or a vacation via the Website and/or purchased any products, and/or used the Site and/or the information it includes in another way, as per the instructions and the terms detailed in the Bylaws and the Site.
3. Portions of the Website and the Bylaws are worded in male tense for convenience purposes only, but it is intended for both women and men.
4. To clarify, using the Website, which includes completing any electronic form on the website and/or making a reservation through the Website and/or booking any of the services provided by the Site Operator will be construed as the users consent to all of its term without any restriction and/or reservation.
5. If the user does not consent to any of the terms of this agreement, he is required to not use the Website.
6. Introduction:
7. The Bylaws regulate the Terms of Service on the Website, including with respect to making hotel reservations. The Website includes, among other things, information about the hotels, the services provided by the hotels, hospitality and vacation prices, costs, various offers, and other additional terms with respect to making hotel reservations through the Website. Also, the Website shows, among other things, articles, content, information (including information about the Site Operator), general advertising, including advertisements about various offers and services on behalf of the Site Operator and advertisement that are a result of a business cooperation with third parties.
8. The user understands and consents that the directives and terms of the Bylaws serve as a binding contract between the user and the Site Operator, and will apply to any use of the Website and completion of any electronic form, and/or making a reservation by the user.
9. When using the Website, the user confirms that he and/or his representative will have no claim and/or complaint and/or demand directly and/or indirectly against the Site Operator and/or their owners, and/or their managers, and/or their representatives.
10. The Site Operator reserves the right to make from time to time updates and/or changes to the content and nature of the Bylaws, Terms of Use and the terms detailed on the Website, per their sole discretion, and without needing to make an announcement in advance, and these terms will be in effect as soon as they are published on the Website, unless otherwise stated explicitly.
11. The Site Operator is not liable nor will they be liable for the content and nature of the information presented and published on the Website, which belongs, and/or originates from and/or written, and/or published by any third parties, and/or that was taken from sources that do not belong to the Site Operator, and the user will have no claim and/or complaint and/or demand against the Site Operator and/or their owners, and/or their managers, and/or their representatives.
12. All of the pictures displayed on the Website are for illustration purposes only. Note that since the pictures are displayed on the user’s computer screen, and/or printed by the user from the computer screen, there could be differences and changes from the appearance of the products on the picture and their actual appearance.
13. You can find links on the Website that lead to other websites (hereinafter: “the Linked Websites”). The aforementioned links are intended for the convenience of the user exclusively. The operator is not responsible for the aforementioned links, and/or the Linked Websites, and/or the information they include, their validity, veracity and legality. Any use and/or entry to the links and/or the Linked Websites are the user’s sole responsibility.
14. Eligibility to Use the Website:
The eligibility to use the Website, per its terms and directives, and use it to purchase various services, belongs to any user subject to complying with all of the following terms:
1. Any person who is 18 years old or older, and he is legally competent (as defined in the Legal Capacity and Guardianship Law, 5722-1962).
2. The user has an active bank account, an ID card or a valid passport and a valid credit card issued by one of the following credit card companies: VISA CAL, Leumi Card, American Express, Diners Club, Isracard and Mastercard.
3. The user has a valid email, and all of the mandatory fields on the order form on the Website were faithfully completed by the user, including but not limited to, an active email address, residential address, ID number and cell phone number.
4. The user can only be a private person that wishes to book a vacation and/or order a service from the Website for personal use purposes, and not to sell said vacation and/or product and/or service as a resale and/or wholesale and/or bulk sale.
5. Preventing Access And/Or Use of the Website:
6. The user may use the Website for the sole purpose of booking and purchasing services and/or receiving information. To clarify, any use of the Website except for the permitted actions specified in the Bylaws is strictly forbidden, and the Site Operator reserves all right concerning this matter.
7. Using the Website is strictly forbidden if it is for one of the following objectives and/or activities: (a) Editing and/or uploading copyrighted texts and/or pictures if the user does not have the required permission, as well as use of materials that violate third parties’ intellectual property rights of any kind (including patents, trademarks, trade secrets, publishing rights, etc.); (b) Executed and/or suspected evidence for a criminal/civilian offense; (c) Slander and/or libel; (d) Distributing profanity related materials, discriminatory, violent, offensive, pornography, racism related material and/or invasion of privacy related material, or any material that serve as grounds for a lawsuit or violates the law, including the Defamation Law, 5725-1965 and the Privacy Protection Law, 5741-1981; (e) Violating third party’s rights that they legally have, or acquired through an agreement; (f) carrying out forbidden activities and/or activities that are restricted per an agreement or the law; (g) Violating confidentiality and/or publishing information that was disclosed in confidence; (h) Distributing materials considered as direct mailing which forbidden by law, and/or do not comply with the law, and/or harassing materials of any kind that their recipients did not give an explicit consent to receive them; (i) Distributing materials that may damage or harm or cause a loss to any third party.
8. The Site Operator has the right to prevent and/or remove and/or stop any content that is related to an activity detailed in section 4.2 above, and/or any material that may damage the image of the Website and/or the Site Operator.
9. The Site Operator and/or their representative are not responsible for any illegal activity carried out, if at all, by any of the users of the Website, and/or any other agent that does not represent them.
10. The Site Operator has the right to prevent or stop the access of any user to any portion of the Website, including a user that placed an order on the Website, and the user will have no complaint and/or claim and/or demand against the Site Operator and/or any representative on their behest.
11. Without derogating from the aforementioned, the Site Operator may prevent a user from using the Website, including from making a reservation, in any one of the following instances:
12. If the user deliberately provided false information.
13. If the Site Operator believes the user’s action harmed and/or can potentially harm the Site Operator and/or any third parties, including the customers of the Site Operator.
14. If the Site Operator believes the user utilized the services of the Website for an illegal conduct, or to enable, facilitate, assist, or encourage executing the aforementioned illegal conduct.
15. If the Site Operator believes the user violated the terms of the Bylaws and/or any other agreement with the Site Operator and/or its representative.
16. To clarify, entering false information is a criminal offense, and the Site Operator and/or their representative may take any measure legally available to them against the person that falsified their information, including due to potential damages to the Website, the Site Operator and/or their representative as a result of the falsified information; as well as, without derogating from other remedies available by law, cancel the order of the aforementioned user and/or his representative.
17. Value Added Tax:
All of the prices quoted on the Website include VAT (where applicable), at the rate set on the date the Operator provided the hotel service, unless explicitly stated otherwise.
1. Booking Using the Order System on the Website:
2. A user that wishes to book a vacation at the hotels and/or other services and/or to purchase any products using the Website, is required to complete all of the mandatory fields on the order form on the Website, including full and accurate contact information, credit card number, and any information requested by the Site Operator as prescribed below in the Bylaws and in the instructions on the Website (hereinafter: “Order Information”).
3. Searching for Available Rooms - The user is required to use the search window on the homepage to choose, among other things, the hotel he wishes to stay at, as well as enter additional applicable information with respect to the reservation, including check-in and check-out dates, how many rooms and how many people will be staying (using the demography of adults / children and babies).
4. Search Results - Per the parameters entered by the user in the search window, the Order System will show the user a list of the applicable hotels and the lowest price for making a reservation in every hotel (which will read, “Starting at X ILS”) (hereinafter - “the Lowest Price”). On this page, the user will also be able to view information about the hotels, rooms, and additional services offered by the hotel, as well as view pictures that are intended for illustration purposes only of the hotel and the rooms.
5. Choosing a Room - On the room choice page, the various types of rooms offered at the hotel will be shown to the user (for instance, a “Standard” room, or any upgraded room, as they are offered from time to time by every hotel) and prices categorized by the hospitality rate (only stay/stay and breakfast/half board/full board).
6. Prices per rooms and hospitality basis that are shown on the room's choice page, are in two categories:
7. Regular Call Center Price - The price offered to users that choose to complete the order via the Site Operator’s call center by calling *3993, rather than the Website.
8. Internet Reduced Price - Reduced price offered to users that complete the booking process by using the website’s order system, received the order confirmation (as defined below), and complied with all of the directives of the Bylaws, the website and the SOP practiced by the Site Operator.
9. Another Display of the Price Offered on the Website, if the Customer Identifies as a Club Member:
Reduced Internet Price, in addition to Club Members Special Discount - Users enrolled as club members when making a reservation, or sign up to be enrolled in the club during the process of making the reservation, and identify as club members when making the order on the Website (prerequisite for receiving the discount), are eligible to receive a special discount that is offered to the Site Operator’s club members, that also make their reservation through the Website. To clarify, in order to receive this discount, it is required that the user complies with all the applicable terms to be enrolled in the Site Operator’s Customer Club, as described in section 12 below.
1. In order to complete the order, the user has to choose the applicable price offer, and click on “Order Now”.
2. On this page (or on other pages) additional restrictions and terms about the order will be shown. Additionally, this page will show information about various offers made by the Site Operator to order at the hotel.
3. To emphasize, during the process of making a reservation on the Website, the user may only book up to 3 rooms, and a club member may order up to two rooms. In any case, the user is not allowed to order more than 9 rooms using the website for the same dates and/or on similar dates and/or close dates at a certain hotel and/or at several hotels.
4. To emphasize, using the Order System is intended only for private customers (and not for corporations or businesses) that book an individual vacation, and the Site Operator prohibits any use of the order system for the direct or indirect purpose of resale and/or wholesale and/or bulk sale and/or group vacation and/or any other vacation that is not an individual booking of a single vacation.
5. The user undertakes to avoid booking for a group and/or bulk and/or any other type order through the Website, which is not detailed in the Bylaws, directly or indirectly, including but not limited to, splitting orders and/or booking a vacation on close dates and/or ordering a vacation on similar and/or close dates and/or booking while using several users and/or accounts and/or any other use contrary to the directives of the Bylaws and/or that can bypass the directives of the Bylaws, specifically directives 4.6.1 - 4.6.4 of the Bylaws.
6. The Site Operator reserves the right to take action in case of suspected violation of sections 4.6.1 - 4.6.4 above, including the right to cancel any reservation that was made and/or prevent access from any user to the Order System and/or access to the Website and/or part of it, as well as charge the cancellation fee and/or change making fee set in the bylaws due to making reservations as aforementioned. This does not detract from the Site Operator’s right to sue the user using any right and/or remedy they are eligible for due to violating the directives of the Bylaws and/or the Law.
7. It is also agreed that in case of suspected use of the order system in a way that contradicts the Bylaws and/or intended to bypass the directives of the Bylaws, the Site Operator may fulfill the order but charge the user the full price, as per their sole discretion.
8. The user will have no claim and/or complaint and/or demand against the orderer and/or any of their managers and/or their representative with respect to sections 4.6.1 - 4.6.4 above.
Making a Reservation on the Website:
1. On this page the order information will be shown to the user, including the vacation dates, the rooms that were reserved, the cost of the rooms, and the order’s total cost.
2. Additionally, the user will be required to enter the following information for the purpose of order identification and opening the user account (hereinafter: “User Account”):
3. Personal Information - Including, full name, email address, telephone, full mailing address and a password.
4. Valid Credit Card Information Belonging to the User - To clarify, entering the credit card information is not payment for the booking, but a security given to the Site Operator to ensure the user will redeem the order. In any case, the payment for the reservation made will be done on the vacation date at the hotel, and not through the website.
5. Notwithstanding the aforementioned, when making a reservation, the user approves and grants an irrevocable permission to the Site Operator and/or their held companies and/or affiliated companies and/or hotels and/or their representative to use the credit card information for the purpose of charging the customer should he violate the terms of the order and/or will owe funds to one of the hotels and/or the companies that operate them due to booking services and/or products and/or due to damages and/or other charges that he is dully liable for. The Site Operator and/or the companies they hold and/or affiliated companies and/or the hotels and/or their representatives will use the credit card information in any case of charging due to canceling the order and/or making a change in the order and/or not arriving on the date of the booked vacation in case of an uncancelled order, etc, per the charging fees specified below in the Bylaws.
6. The Site Operator and/or their held companies and/or affiliated companies and/or the hotels and/or their representative will use the credit card information, and will charge the customer in case of debt and/or charge and/or damage he is liable for to the Site Operator and/or the hotels and/or the Site Operator’s subsidiaries.
7. Submitting Direct Notes to the Hotel - In this window, the user may enter comments and additional requests for the hotel’s approval. To emphasize, entering comments in the Order Form by the user does not obligate the Site Operator and/or the hotel to oblige these comments and/or requests, and in any case obliging the user’s requests will be done, if at all, subject to the hotel’s policy and the hotel’s sole discretion. The user understands that the Site Operator and/or their representative and/or the hotel do not undertake to oblige the user’s requests on the order, and that he forgoes any claim and/or demand and/or complaint against the hotel and/or the Site Operator and/or their representative due to not obliging the user’s notes, in full or in part, as they were entered into the order form.
8. Order Summary - On this page, the user may add to the order special services that the hotels offer from time to time (hereinafter: “Additional Services”). The Additional Services are subject to a surcharge, which is specified on the website and will be added to the total cost of the order.
9. Subsequent to completing the order of the special services, click on the order confirmation button. Alternatively, if the user does not wish to book any special services, he can opt to skip the ordering special services phase and move to confirm the order.
10. To clarify, ordering Additional Services does not grant the user and/or club member any discount and/or benefit, and the discounts and/or benefits specified in the Bylaws and/or the website are calculated only with respect to the cost of the rooms and meals included in the basis of the reservation.
Reservation Confirmation:
1. Subsequent to entering the order details in full, and complying with the instructions and directives on the Website and Bylaws, the Site Operator will provide the user a formal Reservation Confirmation, which serves as a reference for completing the order on the website’s order system (hereinafter: “Reservation Confirmation”).
2. The Site Operator will send the user the Reservation Confirmation using the email address the user provided the Site Operator with during the process of making the reservation on the Website.
3. Every reservation has a serial number that is kept on the Site Operator’s Order System for monitoring and internal record keeping purposes.
4. The Reservation Confirmation shows the user, among other things, the summary of the reservation, the cost, and information with respect to the option of cancelling the reservation
5. To clarify, the information shown on the Reservation Confirmation is a summary, and in any case, the reservation is subject to the directives of the Bylaws, instructions on the Website, and the Site Operator’s acceptable terms with respect to making reservations and cancelling them.
6. The user should print the Reservation Confirmation and present it upon his arrival at the hotel. To emphasize, presenting the Reservation Confirmation to the hotel representatives is a prerequisite to do a check-in at the hotel, per the terms and the prices detailed on the Reservation Confirmation.
7. Only subsequent to fully completing the reservation and receiving confirmation from the Site Operator, through the Website and email, the user will be considered as having completed the reservation, subject to the terms of the Website and its instructions, as well as, to the hotel chain’s acceptable terms with respect to making reservations.
8. Notwithstanding the aforementioned, the user affirms he understands that the Site Operator reserves the right to decline the reservation or cancel it even after it is approved per their sole and absolute discretion, and they are not under any obligation to provide any explanation concerning the aforementioned refusal. The Site Operator reserves the right to do so, among other things, in cases of a technical malfunction on the Website and/or human error (including a human error in entering the reservation prices) and/or concern about criminal and/or inappropriate use of the Website and/or due to any other reason, including the cases detailed in the Bylaws.
9. The user foregoes making any claim and/or demand and/or complaint against the Site Operator and/or their representative and/or the hotel with respect to the content of this section.
10. Should you have any query or concern, you may call the website’s tech support at *3993 or email [email protected].
11. The user may view the details of the reservations he made through the Website by going to the “Personal Area” on the Website, and entering the account information (his email and password).
12. To emphasize, making a reservation through the Order System is binding by all accounts, and it is the same as booking rooms and/or other services from the Site Operator via any other means, including using the phone to make the reservation with the operator’s call center.
13. To emphasize, the Reservation Confirmation and the right to redeem the services detailed in the reservation are given only to the user, and are nontransferable. The user therefore undertakes to avoid transferring the right for the reservation to any third party and/or allow use of the Reservation Confirmation by any third party, as well as inform the Site Operator about any unauthorized use of the reservation as aforementioned.
14. The user understands and consents that he has the sole and exclusive responsibility for any damage and/or loss caused to the Site Operator and/or their managers and/or their owners and/or their representative due to a lawsuit and/or any third party’s demand and/or damage and/or loss caused to the Site Operator with respect to or subsequent to the aforementioned reservation.
Restrictions Regarding Liability When Executing Orders:
1. The Site Operator and/or their representative and/or any of the site managers and/or their representatives and/or the hotels are not liable, directly or indirectly, if the reservation information was not received on the Website and/or due to any technical issue and/or otherwise that prevents the use from making a reservation and/or order other services and/or products through the Website.
2. In order for any reservation made to be received by the Site Operator,the computers of the Site Operator must receive the input in a proper and orderly fashion, and it should include all of the required information. The Site Operator will not execute an order that was not received by their computers or received in a faulty fashion, or if not all of the required order information were completed, or if the order includes illegible information, even if the source of the malfunction and/or the blunder originated from the computers of the Site Operator. Therefore, it is the user’s responsibility to ensure vis-a-vis the Site Operator about carrying out the order, and the user foregoes in advance any claim in that regard.
3. The Site Operator and/or their representative and/or any of the Website managers and/or their representative and/or the hotels will not be responsible in any way for any error that was made by the user when inputting/entering the specs of the reservation, including but not limited to, an error in the choice of the vacation package, date, number of beds, meals, as well as any other service that would be ordered by the user through the website, and the user declares and agrees herewith that he take responsibility for the information he entered as it was received by the Site Operator, will have no claim and/or complaint and/or demand against the Site Operator and/or their representative and/or any of the Website managers and/or their representative and/or the hotels about the aforesaid.
4. To clarify, making a reservation through the Website will be confirmed by the Site Operator, if at all, subject to receiving approval by the applicable credit card company with respect to executing the order.
5. If the credit card company refuses to approve any transaction, the Site Operator may decline the reservation, and charge the user cancellation fees as aforementioned. The site Operator may, but is not required to, inform the card holder about the refusal of the credit card company to approve the transaction, and time to sort out the approval of the transaction by the credit card company, rather than declining the reservation.
6. Policy of Reservation Cancellation By the User:
Subject to the Consumer Protection Law, 5741-1981, and the regulations derived from it, the reservation cancellation by the user will be in accordance with the following:
1. Concerning a hotel room reservation that was made for May, August, October and the holidays (Jewish and Christian) - the reservation can be cancelled no later than 7 days prior the scheduled check-in at the hotel.
2. Concerning a hotel room reservation scheduled to any of the other months, it can be cancelled up to 72 hours prior to the scheduled check-in at the hotel.
3. Should a cancellation is made by the date as specified in sections 7.1 - 7.2, the Site Operator will not charge cancellation fees.
4. A reservation that was cancelled not within the scope of the permitted time frames as specified in section 7.1 - 7.2 will incur a cancellation fee of one night stay. If the person making the reservation did not check in on the set date for the service, the instructions of section 9 below will apply.
5. Only the user that made the reservation has the right to cancel it, even if the user made the reservation for another person.
6. Cancelling a reservation may only be done as a written notice to be submitted to the company by the user (and not by any third party) in one of the following ways:
7. Fax: 03-7600707
8. Email: [email protected]
9. Using a designated link on the website
10. Verbally - by calling the company's customer service call center at *3993
11. Sending a letter via registered mail to 29 LEHI St., Bnei Brak
12. The cancellation notice has to include the full name of the user, his ID number and the order number.
13. To clarify, the above instructions of this section do not derogate from the Site Operator’s right to sue for damages as a result of unlawfully cancelling the reservation and/or due to any other conduct by the user contrary to the directives of the Bylaws and the Law.
14. Policy of Changing the Reservation By the User
Subject to the Consumer Protection Law, 5741-1981, and the regulations derived from it, changing the reservation by the user will be in accordance with the following:
1. For the purpose of the content of the Bylaws, “Reservation Change” will be as follows: Change by the user of the Website of the reservation made, with respect to adding other and/or additional services to his order, subject to the Law and the terms of the Bylaws, after the user made a reservation using the website’s Order System, approved the reservation and having received an Reservation Confirmation.
2. To clarify, any change requested by the user with respect to removing services that were ordered within the scope of the original reservation (which includes decreasing the number of rooms reserved and/or decreasing the number of guests and/or decreasing the number of days reserved) will not be considered within the scope of the directives of this section as making a change in the reservation, but they are included only within the scope of the directive of section 7 above, with respect to “Reservation Cancellation”.
3. To clarify, that company is not under any obligation to accept a Reservation Change, and an aforementioned change will be subject to the company’s discretion, and their ability to make the requested change.
4. Any change in the reservation should only be made vis-a-vis the company’s call center by calling *3993. The determining change date is the date of making the aforementioned call.
5. No claims about any changes will be accepted, unless they are backed by a written document, signed and approved by the company’s call center.
6. A user who makes a change to his reservation as aforementioned, will cover all of the required costs with respect to his reservation, as quoted to him by the company’s call center, in accordance with the cost of the changes and/or additions when making the aforementioned change.
7. Charging Policy With Respect to Failure to Check-In on the Date Scheduled for the Service:
8. For the purpose of the Bylaws, the term “Failure to Check-In” means: when the person placing the order did not arrive to receive the services he ordered via the Website, on the set date on the Reservation Confirmation, and did not practice his right to cancel the reservation per the aforementioned Reservation Cancellation policy.
9. A user that did not arrive on the set date for the services detailed in the reservation that was confirmed by the Site Operator, will incur the charge of the first night of his reservation, based on the regular hotel rate concerning that date with respect to reserving a room for the night with breakfast included (to emphasize, the user will not be charged the discounted rate in lieu of making the reservation online and/or making reservation within the scope of club membership, but the charge incurred is the regular standard hotel rate on the time he did not check-in).
10. Reservation Cancellation by the Site Operator:
Without derogating from any other remedy at the Site Operator’s disposal as per the Law or the Bylaws (including the right to cancel reservations per other directives specified in the Bylaws), the Site Operator may cancel any reservation made, should one of the following terms take place:
1. In case an error is found in setting and characterizing the service and/or the issue, including the price and/or any other detail with respect to the product and/or the service.
2. In case of a technical error and/or human error and/or any malfunction on the website and/or on certain applications on the Website and/or due to any reason that impacted making the reservation as per the Bylaws and/or the ability of the orderer to comply with the directives of the Bylaws.
3. In case the Site Operator recognized that the user that made the reservation does not comply with one of the terms set on the Website and or by one of the terms of the Bylaws, as per their sole and absolute discretion.
4. In a case that subsequent to making an order, the Site Operator realizes there is no vacancy or that they cannot carry out the reservation due to any reason, the Site Operator may cancel the reservation and refund the user any sum he may have paid for the reservation and/or cancel any charge applicable to the user due to the reservation. Alternatively, they may offer the user with an alternative equivalent vacation to the one he made a reservation for. Should the user opt to not book the alternative vacation, the reservation he made will then be cancelled, and the Site Operator will refund the user in full any sum he paid for the service reserved, as well as cancel any user charge with respect to the reservation.
5. In case it is suspected that the user violated the directives of the Bylaws, or used the Bylaws inappropriately and/or for the purpose of bypassing its directives.
6. In case of force majeure, plagues, acts of war, hostility or terrorism, or due to circumstances that are not under the control of the Site Operator that prevent the Site Operator from operating the hotels as a whole or a specific hotel.
7. Should the Site Operator practice their right as aforementioned in this section on all of its subsections, the user can make no claim, complaint and/or demand against the Site Operator and/or their owners and/or their managers and/or their employees and/or their representative, of any type, including due to executing the reservation, profit loss, making a reservation with a third party at a higher price, etc.
8. In any other case specified in the Bylaws.
9. Terms and Restrictions Related to the Reservation:
10. The user states he is aware the number of the available hotel rooms is limited, and that carrying out the reservation and approving it are subject to having a vacant room at the applicable hotel.
11. The Site Operator reserves the right to dynamically cancel or change the terms of executing the reservations made on the Website, as well as all of the prices listed on the Website, and at any time, even after confirming the reservation on the Website, and the user will have no complaint and/or claim and/or demand concerning the matter.
12. The prices in Eilat do not include VAT, and the user will not be charged for this.
13. Any place on the website that lists the prices in USD, the price will be calculated per the formal exchange rate set by the Bank of Israel as of the payment date, the day the reservation was made on the website or the date of the stay at the hotel, the highest of them.
14. Unless otherwise specified, no more than one offer at a time can be redeemed when making a reservation on the Website.
15. The stay at the hotel will begin at 03:00 PM of the first day specified in the reservation and will continue until 11:00 AM on the day of departure. Early check-in at the hotel and/or late check-out are subject to a surcharge.
16. In all of the chain hotels, the stay of children and teens under the age of 18 years old is permitted only when accompanied by an adult older than 21 years old. Making hotel room reservations is only permitted for adults over the age of 18 years old.
17. With respect to a hotel stay - a baby is considered a person up to two years old, and a child is considered a person between two years and thirteen years old.
18. VERT Community:
19. “VERT Community” is the Site Operator’s customer club, which gives its members the opportunity to vacation and enjoy at the hotels (hereinafter: “the Club”).
20. Any person, resident of the State of Israel, who is 18 years old or older, has a valid ID card, who wishes to enroll as a member of the customer club, will be required to open an account under his name on the Website (hereinafter: “Club Member Account”), and complete the consent and enrollment form for the club membership correctly and accurately (hereinafter respectively: “Club Membership Enrollment Form” and “Club Member”).
21. It is also possible to join the customer club via the chain’s call center, in this case, the guest will receive an enrollment form that he will need to complete and sign. After he submits the form back to the center, the club enrollment will be finalized by the call center.
22. The user will be required to choose a personal user name and password on the Club Membership Enrollment Form that will serve him when making reservations and other activities on the website, as well as enter his personal information, including his full name, address, telephone number, ID number, email address and date of birth. To clarify, the Site Operator relies on the veracity of the aforementioned data in order to provide the Club Member with the benefit as specified below. Any error in the data entered as aforementioned is the Club Member responsibility exclusively, and the Site Operator is not liable for, among other things, issues in redeeming the benefits due to data errors as aforementioned.
23. Also, there is the option of enrolling with the customer club at the chain hotels, by completing the Club Membership Enrollment Form to be handed by the hotel’s reception clerk. Subsequent to completing the form, the reception clerk will input the Club membership information.
24. Club enrollment requires a recurring annual fee of 150 ILS, except for special enrollment offers, to be made available from time to time at the sole discretion of the Site Operator. In the end of every year, the Club Member will be required to renew his membership in order to continue to enjoy the Club’s benefits.
25. The Site Operator reserves the right to change the Club enrollment price, as well the Club’s payment terms.
26. After approximately 60 business days from the date the enrollment form was completed have elapsed, the Club Member will receive at the address he entered on the Club Membership Enrollment Form the club card (hereinafter: “the Club Card”).
27. Site Operator’s hotel discounts and benefits will be given only to the Club Card holders. Therefore, the club membership is personal and non transferable to any third parties, except for the Club Member’s spouse and children (up to 18 years old) (hereinafter: “Immediate Family), and it is not intended for corporations, agents and/or businesses. The Club Member undertakes to refrain from giving the account information to any third party to make use of his account, as well as immediately inform the Site Operator about any unauthorized use of the Club Member Account.
28. To clarify, for the purpose of customer club membership, “spouses” are only people that are legally married or common law spouses, subject to and in accordance with the Israeli law.
29. After opening the account, the Club Member will receive an email message that will include his password and the benefits and/or discounts offered by the Site Operator and/or third parties.
30. Any user that is enrolled as a Club Member is personally responsible for any use that is made with the Club Member Account that he opened, as soon as he opened it. The user understands and consents that he has the sole and exclusive responsibility for any damage and/or loss caused to the Site Operator and/or any of their managers and/or any of their owners and/or any of their representatives due to a lawsuit and/or any third party’s demand with respect to using the Club Member Account. The Club Member assumes herewith full responsibility for any cost derived from carrying out reservations via the Club Member Account, as well as undertakes to indemnify and/or compensate the orderer due to any damage and/or loss they incurred due to carrying out any reservations as aforementioned in this section.
31. Customer Club Benefits:
The benefit package for the club members and the start date for the right to redeem the aforementioned benefits are as follows:
1. First Time Reservation Benefit: 10% off as of the first reservation made by the Club Member. The aforementioned benefit does not apply in August, during the holidays and Israel commemorative dates. This benefit allows for also using the additional 5% discount when making a reservation on the Website.
2 .Birthday Benefit: The Club Member is eligible for a 20% discount when making a reservation on the birthday month of the Club Member or the birthday month of the Club Member’s spouse, per the Club Member’s discretion. This benefit can be redeemed only once a year, either on the birthday month of the Club Member or on the birthday month of his spouse, as of the second hotel room reservation the Club member makes.
3. Anniversary Benefit: 15% discount is given when making a reservation on the anniversary’s month. The benefit can be redeemed once a year, as of the second time the Club Member makes a hotel room reservation. This benefit does not apply in August, during the holidays and Israel commemorative dates.
4. Month of Choice Reservation Benefit: 15% discount is given on a chosen calendar month. The benefit can be redeemed once a year, as of the second time the Club Member makes a hotel room reservation, except for August, during the holidays and Israel commemorative dates.
5. Food and Beverage Benefits: 10% discount on food and beverages as of the first reservation made. This benefit is available to redeem at any time, even if there is not an actual stay at the hotel.
6. Spa Treatment Benefits: 10% discount on making spa treatment reservations at the hotel’s spa starting with the first reservation. This benefit is available to redeem at any time, even if there is not an actual stay at the hotel. This benefit does not apply at Crowne Plaza Tel Aviv City Center hotel.
7. Event Reservation Benefit: 10% discount on booking events at chosen hotels of the Site Operator (Brith, wedding, being called to read from the Torah, etc.). Redeeming this benefit should be done by calling the Site Operator’s call center (*3993). The list of the participating hotels for the events varies from time to time, and in order to have the current hotel list, contact the call center.
8. Food, beverage, event and spa treatment benefits can be redeemed via the Site Operator’s call center (*3993), or during the stay at the hotel. The rest of the benefits can be redeemed also when making the reservation on the website. The Club benefits cannot be redeemed as part of making order via an agent and/or a travel agency.
9. In addition to the aforementioned, the Club Member will also benefit from a variety of offers and discounts year-round, which will be communicated via advertising, as aforementioned.
10. The discount that the Club Member is eligible for is a discount when he makes the reservation and it is derived from the price list on that day.
11. The Club Member may book only one room, or two at the most, predicated the second room he booked is for an immediate family member (up to 18 years old), as defined above, who will stay with him during the vacation.
12. The discounts and/or benefits given to the Club members as specified on the Website and/or the Bylaws are temporary, and may dynamically change from time to time, per the sole discretion of the Site Operator. Therefore, the Site Operator may change and/or update and/or cancel the benefits and/or discount specified above, that they may give from time to time, and as per their sole discretion. This includes, and the Club Member understands, that the Site Operator is not required to issue him any minimum discount and/or give any discount and/or benefit at all.
13. The Club Member understands that in order to redeem any benefit and/or discount, he has to be enrolled as a Club Member, and comply with all of the directives of the Bylaws and the instructions on the Website in that regard, both on the date of making the reservation, and on the date of receiving the service (and until completion). If a Club Member makes a reservation via the Website, which credits him with any discount, and his club membership was terminated before the service date specified on the reservation (due to any reason, including his request to cancel his club membership, or a having the Site Operator decide to terminate his membership in the Club), his rights for any discounts and/or benefits will automatically be expired. In such a case, the Club Member will be charged the standard price for the room reservation and/or service, as set by the hotel at that time, with no right to receive any discounts and/or benefits.
14. Without detracting the rest of the Site Operator’s rights per the Bylaws, including their rights to cease the services provided through the Website, in part or in full, to all of the users and/or to a specific user, the Site Operator reserves their right to cease the Club Membership of any Club Member and/or temporarily and/or permanently restrict it, per their sole and absolute discretion. The Site Operator may practice its aforementioned right, including but not limited to, in cases of suspected abuse of the Club Membership and/or due to a technical malfunction and/or due to a human error and/or due to some duplication of the account and/or due to a policy change by the Site Operator and/or due to any reason. The Club Member foregoes here with any claim and/or demand and/or complaint against the Site Operator and/or their managers and/or their owners and/or their representative about that.
15. Unless otherwise specified, the Club Member may not claim more than one offer.
16. Club Member’s Personal Information and Updating Information:
17. Every Club Member consents that when he joins the Customer Club, the information he entered in the Club Enrollment Form will be used by the Site Operator for the purpose of keeping in touch and promotional purposes, updating the Club Member from time to time about offers and benefits for the Club members, and to send advertisements in various ways, including via email, fax, post, SMS messages, auto dial calls, etc. (hereinafter in this section: "Advertising Methods”).
18. In addition to the aforementioned, the Club Member consents that the Site Operator will send him mail and/or advertising that will include, among other things, hotel benefits and/or discounts (hereinafter in this section: “Direct Mailing”).
19. The Club Member understands that the Direct Mailing and/or Advertising Methods may include third party advertisements that are not necessarily related to the Site Operator and/or the hotel, and he gives his informed consent to receive these advertisements within the scope of the Direct Mailing/Advertising Methods as aforementioned. The Club Member will have no claim and/or demand and/or complaint against the Site Operator and/or any of their managers and/or any of their owners and/or any of their representative with respect to the content of this section 12, including its subsections.
20. The Club Member explicitly consents to the aforementioned use of the information, and confirms that the use will not be considered a violation of his privacy, not will it grant him and remedy and/or compensation.
21. The Club Member may withdraw his consent at any time by clicking on the applicable link at the bottom of the email that was sent to him, or by giving an explicit written notice to the Site Operator, which will include his full name, and an explicit notice about his wish to be removed from the Site Operator’s distribution list, and his refusal to receive advertisements as aforementioned, and fax it to 03-7600707 or email to [email protected].
22. To clarify, note that a request to cancel receipt of advertisements, as aforementioned in section 12.22.5, will not cancel the enrollment of the Club Member with the Site Operator’s customer club, and he may continue to enjoy the benefit packages given to the Club Member as detailed below without receiving updates about the benefits and the offers.
23. The directives of the Bylaws will apply to the Club Member with respect to keeping records in databases and/or confidentiality, including the aforementioned.
24. Cancellation of Club Membership:
25. The Club Member may request at any time to be removed as a club member by sending a written notice to fax 03-7600707 or by email to [email protected].
26. Cancellation of the Club membership means the Club Member completely and immediately foregoes any right and/or benefit and/or discount that were given to him and/or that he was eligible for with respect to his club membership before the cancellation from the Site Operator and/or third parties and/or their representative.
27. Notwithstanding the aforementioned, a Club Member that had his membership canceled, and during his membership period in the Club he redeemed one or more of the benefits given to the Club member, will not be eligible for a refund of his membership fees for any reason whatsoever.
28. The Site Operator may cancel the membership of a Club Member for any reason whatsoever, and will not be required to explain their reasoning, as aforementioned, including if the payment method provided was declined by the bank and/or credit card company etc., or for any reason whatsoever, subject to their sole and absolute discretion.
29. Without derogating from the aforementioned, the Site Operator may decide to terminate effective immediately the membership of a Club Member due to his failure to comply with the terms of the Bylaws or due to abuse, as per the Site Operator’s sole discretion.
30. The Club Member foregoes herewith making any claim and/or demand and/or complaint against the Site Operator and/or their managers and/or their owners and/or their representative with respect to the content of this section.
31. The Site Operator reserves the right to add, change, detract, and replace at any time the rules and procedures of the Bylaws, and even cancel the customer club effective immediately, without giving an advance notice and as per their sole and absolute discretion. As of the date of the change in the Bylaws, the Club will be subject to complying only with the new version.
32. The Site Operator may, per their sole discretion, donate a sum of the Club enrollment fees to a nonprofit organization and/or company of their choosing. Also, the Site Operator may change the amount of the donated sum and/or name of the beneficiaries, per their sole discretion, and with no need to have the approval of the customer club members.
33. The Site Operator may, at any time, and at their sole discretion, change the name of the Club, logos of the Club etc.
34. Providing benefits for the Club members is subject to the proper operation of the Site Operator’s operation and computer systems. If malfunctions occur that will temporarily prevent provide the Club members the benefits, as aforementioned, the Site Operator will to have the matter resolved expeditiously, and the Club member will have no claims or complaints against the Site Operator due to not being able to provide the benefits during the period of time the malfunctions occurred and the time it took to fix them.
35. Submitting an application to enroll in the customer club is the same as consenting to the entire content of the bylaws, including any future change in the directives of the Bylaws. The Club Member will make no claim and/or demand and/or complaint against the Site Operator and/or their managers and/or their owners and/or their representative with respect to the Bylaws and/or the change in the Bylaws.
36. The Site Operator may change and/or update from time to time the Club enrollment method, as well as add or remove members from the Club per the criteria they will set from time to time, per their sole discretion. The Site Operator may set from time to time criteria for admission of members to the Club, per their discretion.
37. Without derogating from the aforementioned, the Site Operator may decide to terminate effective immediately the membership of a Club Member due to his failure to comply with the terms of the Bylaws or due to abuse, as per the Site Operator’s sole discretion.
38. To clarify, all of the terms and restrictions listed in the Bylaws apply to the Club members with respect to making a reservation using the Website’s Order System and/or booking Additional Services and/or making any use of the Website, except for instructions that were explicitly changed with respect to the Club members.
39. Ceasing Operation on the Website:
40. The Site Operator reserves the right to change from time to time the structure of the Website, including its appearance, contents, scope, and availability of the services provided, and any other applicable aspect, with no obligation to give advance notice.
41. Without derogating from the Site Operator’s rights concerning the Bylaws, the Site Operator reserves the right to cease, effective immediately, at any time, subject to their sole and absolute discretion, the operation of the website, be it temporarily or permanently, including, but not limited to, due to any of the following cases:
42. If it is found that an illegal operation transpired or is taking place on the Website.
43. If a technical malfunction occurred that to the best of the Site Operator’s understanding prevented or could have prevented execution of any reservation that was made by the user or by all of the user on the Website.
44. In case of force majeure, acts of war, hostility or terrorism, or due to circumstances that are not under the control of the Site Operator that in the opinion of the Site Operator prevent continued proper operation of the Website, including executing a reservation that was made in accordance with the instructions on the Website and the Bylaws.
45. In any case when the Site Operator thinks an action was done contrary to the instruction on the Website and/or the Bylaws.
46. The user states and consents herewith that he will have no claim and/or complaint and/or demand of any kind against the Site Operator and/or their owners, and/or their managers, and/or their employees and/or their representative, with respect to ceasing the Website operation as per the Bylaws and/or due to issues and/or malfunctions that occurred.
47. To clarify, ceasing the operation on the Website by the Site Operator per this section will not derogate from the rights and/or responsibilities of the users that complied with the Bylaws, after the date of ceasing the operation on the Website as aforementioned.
48. The Site Operator may disconnect and/or restrict and/or cease providing the various services given through the Website, and/or refuse to grant access to the Website and/or to parts of it to any user, including, but not limited to, for the purpose of carrying out maintenance work, or doing an essential or immediate reset of the systems they use, per its sole discretion and without advance notice.
49. Blocking, ceasing or restricting the services, as aforementioned, does not make the Site Operator responsible in any way and/or derogate from the user’s responsibility to comply at any given time with the terms of the Bylaws.
50. Additional Statements and Responsibilities of the User:
51. The user undertakes to act in good faith and integrity with respect using the Website and/or with respect to anything he may do on the website and/or executing any order for purchasing products and/or services through the Website and/or with respect to everything involved with and/or derived from the aforementioned, and undertakes to not use the Website for any purpose except for the specified action prescribed in the Bylaws and/or according to it.
52. The user states and undertakes that he is aware the Bylaws, read them, understood them and consents to the directives and terms of the Bylaws and that he and/or his representative will have no claim and/or complaint and/or demand directly and/or indirectly against the Site Operator and/or their owners, and/or their managers, and/or their representatives, with respect to the aforementioned.
53. User Information Confidentiality:
54. The user understands that the Site Operator has databases as specified under the Privacy Protection Law, 5741-1981, and that all the information he provides can and will be entered into the databases, as aforementioned, that the company and/or third parties maintain on its behest.
55. By providing the information, as aforementioned, on the Order Form and/or Consent Form for Enrollment as a Club Member and/or any for and/or application and/or page on the Website, the user states that the aforementioned information was given voluntarily and in full consent.
56. The user understands that the Site Operator will use the information he provides for commercial and/or marketing purposes (including Direct Mailing) and/or other statistical purposes, and he hereby provides his full and informed consent to receive Direct Mailing and/or advertisements, among other things, as per the directives of the Communication Law (Bezeq and Broadcastst).
57. The user understands and he grants the Site Operator and/or their representative, including third parties providing the Site Operator various services, his consent to accessing the information he provided.
58. The Site Operator will make a due diligence effort, using all the means at their disposal, to protect the confidentiality of the user information on the Website, and prevent leaking it to outside parties. However, due to the nature of an online operation, the Site Operator cannot guarantee full protection from hacking their computers and/or from exposing the information they store. If, despite the security measures taken by the Site Operator, a third party successfully hacks the user information on the Website and/or abuses it, the user may have no claim. complaint and/or demand against the Site Operator and/or their owners and/or their managers and/or their employees and/or their representative with respect to the aforementioned.
59. The user understands that the Site Operator may submit the information, in full or in part, to third parties for a limited time or permanently, for a fee or at no cost, as per their discretion, and after consideration, he grants the Site Operator his full and informed consent with respect to this matter.
60. Without derogating the directives of section 15.6 above, the Site Operator will submit the user information to a third party (for identification purposes), in the following cases, and the user grants his consent herewith to submitting the aforementioned information should any of the following cases apply:
61. Submission of the user information is required for the purpose of having the Site Operator comply with their responsibilities per the Bylaws.
62. If user committed and action and/or a blunder that harmed and/or can potentially harm the Site Operator and/or any third parties, including the customers of the Site Operator.
63. If the user utilized the services of the Website for an illegal conduct, or to enable, facilitate, assist, or encourage executing the aforementioned illegal conduct.
64. If the user violated the terms of the Bylaws and/or any other agreement with the Site Operator and/or their representative.
65. If the Site Operator was served with a court order instructing them to provide the user information to a third party.
66. In any case of dispute, claim, demand or legal proceedings, if at all, between the user and the Site Operator.
67. If the Site Operator will undergo a merger or reorganization of their operations and/or the Website operation within the scope of another corporation, they may submit a copy of the information stored about the user on the Website to the aforementioned corporation.
68. The Site Operator may use the user’s personal information, as provided when making his reservation, as well as any information stored about the user when he used the website, for the purpose of generating and analysing statistical information. The Site Operator may submit statistical and other data to third parties, as long as the aforementioned data does not personally refer to the user or identify him, and the user can make no claim and/or complaint and/or demand against the Site Operator and/or their owners and/or their managers and/or their employees and/or their representative with respect to the aforementioned.
69. The Site Operator may use the user’s information for the purpose of database management and/or Direct Mailing and/or commercial and/or other marketing uses as permitted by law. The user provides the Site Operator with his explicit informed consent to send him Direct Mailing (including advertisements), subject to his rights as prescribed by the Law to request to remove him from the Direct Mailing list.
70. The Site Operator informs the user that the personal information he provided the Site Operator when he was making the reservation may be used for sending advertisements in various ways, including via email, fax, post, SMS messages, autodial calls, etc. (hereinafter in this section: "Advertising Methods”).
71. Furthermore, the user understands and consents that the Site Operator will send him mail and/or advertising that will include, among other things, hotel benefits and/or discounts (hereinafter in this section: “Direct Mailing”).
72. The user understands that the Direct Mailing and/or advertising may include third party advertisements that are not necessarily related to the Site Operator and/or the hotels, and he gives his informed consent to receive these advertisements within the scope of the Direct Mailing/advertising as aforementioned. The user will have no claim and/or demand and/or complaint against the Site Operator and/or their owners and/or their representative with respect to the content of this section 15, including its subsections.
73. A user that wishes to remove himself from the aforementioned mailing list, may do so at any time by clicking on the applicable link at the bottom of the email that was sent to him, or by giving an explicit written notice to the Site Operator, which will include his full name, and an explicit notice about his wish to be removed from the distribution list, and his refusal to receive advertisements as aforementioned, and fax it to 03-7600707 or email to [email protected].
74. The user states and affirms that he understands that the Site Operator uses technical services provided by third parties for the purpose of ongoing maintenance of the Website and carrying out the directives of the Bylaws, and within this scope, third parties may have access to the user’s data.
75. Intellectual Property:
76. All of the website related intellectual property rights of any kind (be they copyrighted or not), including the patents, copyrights, surveys, commercial methods and secrets, manner of displaying and designing the website, its databases (including lists of products and services, description of products and services, etc.), computer code of the website and any other information related to the website and its operation, are the sole property of the Site Operator, and only the Site Operator may practice all of the aforementioned rights. Concerning intellectual property rights with respect to products published on the website on behest of advertisers and/or third parties that permitted the Site Operator to publish information and/or rights as aforementioned, the aforementioned information and rights are the sole property of the advertisers and/or the third parties (as applicable), and may not be used without receiving in advance and in writing the Site Operator’s consent.
77. Do not copy, replicate, distribute, sell, market and translate any information from the website (including trademarks, pictures, texts and computer code) without receiving in advance the Site Operator’s explicit written permission.
78. Do not make any commercial use or otherwise of the data published on the website, the website’s database, the product list or any other information published on the website without the explicit written consent of the Site Operator, and do not do anything that may harm the intellectual rights of the Site Operator.
79. Do not use any data published on the website for the purpose of presenting them on any other website and/or service without receiving in advance the Site Operator explicit written consent, and subject to the terms of said consent (should it be granted). Also, do not collect data from the website by using Crawlers, Robots etc type software and/or distribute aforementioned data to the public in commercial way or framework.
80. Do not display the website in a visible or hidden frame, and do not link to pages within in (”deep links”), except for the homepage.
81. Do not display the website in a different design or a graphical interface from the ones designed by the Site Operator, unless the Site Operator’s explicit written consent was received in advance.
82. Do not use any commercial secrets related to the Site Operator and/or any data included in the reservation made and/or any part of the website for a purpose that was not specified in the Bylaws, in particular for the purpose of competing the Site Operator.
83. In order to link or display the website www.h-i.co.il and/or pages from it and/or part thereof and/or any information from it on other websites, including but not limited to by linking, the written consent of the Site Operator is required.
84. Site Operator’s Limited Liability, Compensation and Indemnification:
85. The user states he understands that the Site Operator takes every acceptable precautions to protect, as much as possible, the confidentiality and the security of the information on the website. However, due to the nature of the internet and occurrence of network and computer malfunctions, there could be malfunctions that are beyond the control of the Site Operator and/or derived from force majeure, and the Site Operator and/or their owners and/or their employees and/or their representative will not be held liable for any kind of damage, indirectly or directly, to be caused to the user and/or his representative due to using the website and/or if the aforementioned information is lost and/or being used by an unauthorized person.
86. The Site Operator and/or their owners and/or their managers and/or their employees and/or their representative will not be held liable in any way, nor will they cover any damage, be it direct, indirect, consequential, special or otherwise, which was caused and/or will be caused to the user and/or a third party, as a result of using and/or making a reservation via the website and/or as a result of any other procedure and/or any reason, not specified by the bylaws, whatever the grounds for the lawsuit may be, including loss of revenue and/or profit loss caused due to any reason. The understands and undertakes that even if any organization determines that the Site Operator bears some liability towards the user, the user agrees herewith that in any case the liability of the Site Operator and/or their owners and/or their manager and/or their representative with respect to the user is limited to the sum of the applicable reservation made and the amount of cancellation fees with respect to the aforementioned reservation.
87. The website displays various products and services with different specs and characteristics. In cases an error is found in the product’s specs and/or its description and/or its picture and/or in matching the picture to the product and/or the description of the service characteristics and/or any other error, the Site Operator is required to only provide the product and/or service as listed in the product and/or service title, and not any other presentation that displayed by error or due to a change or a bona fide error, and the user foregoes making any claim and/or demand and/or complaint against the Site Operator and/or their owners and/or their employees and/or their representative with respect to the aforementioned.
88. The Site Operator’s records about activities carried out through the website will serve as a conclusive evidence with respect to the veracity of the activities, including but not limited to the booked product type and/or service, user requests and the shipping date of the product and/or the date for providing the service.
89. The Site Operator does not assume responsibility for the website to operate without outages or malfunctions, and be immune to damages, delays, malfunctions, or failures derived from, among other things, hardware or software used by the Site Operator and/or their representative, or malfunctions derived from communication lines, communication means, communication equipment or any other communication limitations, and the user will not make any claim and/or complaint and/or demand towards the Site Operator and/or their owners and/or their managers and/or their employees and/or their representative with respect to the aforementioned.
90. To clarify, the Site Operator will not be held responsible with respect to statements, explanations, presentations, and verbal interpretations made by the Site Operator’s employees and/or any other person on their behest, as well as not by such that were included in the press, marketing brochures, and/or any other Advertising Method or illustration, except for the specified content per the Bylaws.
91. The Site Operator is not responsible for the content and nature of the information presented and published on the website, with respect to information originating from any third parties, and the user will have no claim and/or complaint and/or demand against the Site Operator and/or any of its owners, and/or any of its managers, and/or their representatives with respect to the aforementioned.
92. The user agrees to compensate and/or to indemnify the Site Operator promptly after their first demand, due to any damage, direct and/or indirect and/or any expense incurred by the Site Operator with respect to the complaint and/or demand and/or claim made by the user and/or his representative and/or as a result of a complaint and/or demand and/or claim the user and/or his representative made with respect to the Terms of Service and/or use of the website.
93. The user consents, without derogating any other right of the Site Operator, in cases the Site Operator suspects that the user’s use of the website does not comply with the directives of the Terms of Use and/or the law, the Site Operator may trace the user’s use on the website, deny the user access to the website or submit the user’s behavior pattern to third parties that will prove to the satisfaction of the Site Operator that harm was done from the user’s non compliant activity, as well as any other conduct that the Site Operator finds necessary to protect their property and/or their rights, and the user will have no claim and/or complaint and/or demand against the Site Operator and/or their owners and/or their managers and/or their employees and/or their representative with respect to any of their actions as aforementioned.
94. The user understands and agrees that all of the pictures displayed on the website are for illustration purposes only, and that there could be differences and changes from the appearance of the products on the picture and their actual appearance.
95. You can find links on the website that lead to other websites. The aforementioned links are intended for the convenience of the user exclusively. The Site Operator is not responsible for the links, and/or the Linked Websites, and/or the information they include, their validity, veracity and legality. Any use and/or entry to the links and/or the Linked Websites are the user’s sole responsibility, and the Site Operator and/or their owners and/or their employees and/or their representative will not be liable for any damage, direct or indirect, which was caused or may be caused to the user as a result of using and/or relying on the information that is presented on the aforementioned linked websites.
96. The Site Operator and/or their owners and/or their managers and/or their employees and/or their representative will not assume any responsibility for the server with which the website operates, including with respect to having the aforementioned server free of virii and/or other components that may harm the user’s personal computer while using the website, and the user will have no claim and/or complaint and/or demand against the Site Operator and/or their owners, and/or their managers, and/or their employees and/or their representative with respect to the aforementioned harm.
97. The Site Operator is not responsible for any illegal activity carried out, if at all, by any of the users of the website, and/or any other agent that they have no control over.
98. Prevailing Law and Jurisdiction
99. The laws of the State of Israel will apply with respect to the bylaws and the website and all that is derived and/or related with any of them. The bylaws and the website will be interpreted in accordance with the laws of the State of Israel and any dispute and/or legal issue with respect to the Bylaws and/or the Website and/or anything that is derived from them and/or related to them will be only decided in front of the authorized court at Tel Aviv-Jaffa.
100. If it is decided by an authorized authority and/or court that a certain part of the Terms of Use is invalid or unenforceable, then the sections that their validity was denied or decided that they are not enforceable will be considered as having been replaced by valid and enforceable sections, whose content matches as closely as possible the intent of the original sections, and the rest of the sections of the Terms of Use will remain in effect.
101. Assigning Rights and Responsibilities
102. The Site Operator may transfer and/or assign their rights and responsibilities per the Bylaws, in full or in part, to any person, without need to have the user’s consent, or providing any notice in that regard.
103. The user may not transfer and/or assign his rights and/or responsibilities per the bylaws, in full or in part, to any third party, unless he received the Site Operator’s consent for that in advance and in writing.
104. Collecting and Receiving Information
105. “Cookie” is a small text file that is transferred to your device via an internet server. By using the services, the Cookie is used so that the website system can swiftly and efficiently identify you when you return to use any of the services, and when you visit other websites.
106. By consenting to the Terms of Service, you permit the Site Operator to send your device a “Cookie”, use the information stored in the Cookie, and use it to identify you.
107. Information the User Provides to the Website: For the purpose of the content of this section, the meaning of the term “informaiton” is as follows: Information received by the Site Operator, by virtue of having certain services provided on the Website or using services that require early registration and entering, among other things, necessary personal information of the user. In this regard, “Personal Information” means data that the user voluntarily entered, for instance, his full name, residential address, type of hospitality and/or products and/or services the user wishes to consume, payment method if applicable, user’s contact information, for instance email address, telephone number, etc. Additionally, this also includes personal information received for marketing purposes or when signing up for receiving services on websites, or when purchasing products/services.
1. In addition to the aforementioned, some of the collected information during the user’s browsing on the Website is statistical information about the user’s activity, including type of advertisements, web pages, offers and services the user paused on, the user’s IP address, the user’s operating system (USER AGENT), etc.
2. Using the Information During the user’s browsing on the website, the Site Operator will collect the aforementioned information.
The Site Operator will store the information in their databases. Without derogating the law and the Bylaws, the Site Operator may use the information, among other things, for the following purposes:
1. Improving and enriching the services and the contents the Website offers, which includes adjusting them to the preferences of the users.
2. Make possible for the user to utilize the various services on the Website, including for creating personal areas on the Website.
3. Purchasing the services the website offers.
4. Contact the user if need be.
5. Analyzing, collecting and submitting statistical information to third parties, including advertisers.
6. For any other purpose specified in the Bylaws.
The operator of the website, as defined herewith, authorizes access to the site and the information, products, and services offered, subject to the terms detailed on the site and in these bylaws below (hereinafter: “Terms of Use” or “the Bylaws”).
Please make sure to read the Terms of Use, since your very use and activity on the site are construed as your consent to the Terms of Use, including making a purchase and ordering products and/or services through it, without restriction or reservation.
The wording of the Bylaws is in male tense for convenience purposes only, but it is intended for both women and men.
Definitions:
The “Site Operator” or “the Company” Africa-Israel Hotels Ltd., PC 520038977 and/or its representative, whose offices are at 29 HaLehi St, Bnei Brak.
“The Site” or “the Website”, which is owned in full by the site operator, at www.vert-hotels.co.il is every site named under a sub-domain that was purchased by the Site Operator, as long as it does not have specific Bylaws.
The “hotels” or “the Hotels” owned and/or managed by the site operator in Israel that have, among other things, the brand name “Crowne Plaza”, “Indigo”, “Vert”, and “Haifa Bay View”. To clarify, the bylaws serve as a third party contract with respect to all of the hotels and/or the subsidiaries of the Site Operator that own the rights on the hotels and/or to manage them, by way that every right (but not required) granted to the Site Operator (including the right to use credit cards given as a security), will also to the Company’s subsidiaries and/or the hotels under their management. It is also clarified that where the wording “Hotel” or “the Hotel” appears, it means implicitly the Site Operator’s subsidiary and/or Site Operator, with respect to charging the user in this regards and/or with respect to granting the Hotel any right per any section of the Bylaws.
“User” or “Users” are any person (who is not a corporation or a business) that browses and/or views the website, and/or books a vacation, and/or services via the Website and/or used the Site and/or the information it includes in another way, as per the instructions and the terms detailed in the Bylaws and the Site.
“The Booking System” is an online system working on the Website, with which the users may book a room at hotels, and/or order other services to be supplied from time to time on the site, as applicable, as per the instructions of the Bylaws and the Site.
“Order Form” means an order form on the Site that should be completed by any user that wishes to make a reservation using the Order system, by entering the order information, as defined below, as per the instructions detailed on the Site and the Bylaws.
“Using the Site” means browsing and/or viewing the website, and/or booking a vacation, and/or other services via the website and/or via the Order System, and/or buying products via the Website, and/or used the Website and/or the information it contains in another way, as per the instructions and the terms detailed in the Bylaws and the Site.
The “Law” means the Consumer Protection Law, 5741-1981.
“Order Cancelation” as defined by law with respect to remotely canceling hospitality services transaction, including canceling an order placed by the website user, subject to the Law and the terms of the Bylaws, after the user placed an order using the website’s Order System, approved the order and having received an order confirmation (as defined below).
1. General:
2. The Bylaws regulate the relations, and serve as a binding agreement between the Site Operator and any person and/or corporation and/or a business, and/or anyone that browses and/or views the Website, and/or books services, and/or a vacation via the Website and/or purchased any products, and/or used the Site and/or the information it includes in another way, as per the instructions and the terms detailed in the Bylaws and the Site.
3. Portions of the Website and the Bylaws are worded in male tense for convenience purposes only, but it is intended for both women and men.
4. To clarify, using the Website, which includes completing any electronic form on the website and/or making a reservation through the Website and/or booking any of the services provided by the Site Operator will be construed as the users consent to all of its term without any restriction and/or reservation.
5. If the user does not consent to any of the terms of this agreement, he is required to not use the Website.
6. Introduction:
7. The Bylaws regulate the Terms of Service on the Website, including with respect to making hotel reservations. The Website includes, among other things, information about the hotels, the services provided by the hotels, hospitality and vacation prices, costs, various offers, and other additional terms with respect to making hotel reservations through the Website. Also, the Website shows, among other things, articles, content, information (including information about the Site Operator), general advertising, including advertisements about various offers and services on behalf of the Site Operator and advertisement that are a result of a business cooperation with third parties.
8. The user understands and consents that the directives and terms of the Bylaws serve as a binding contract between the user and the Site Operator, and will apply to any use of the Website and completion of any electronic form, and/or making a reservation by the user.
9. When using the Website, the user confirms that he and/or his representative will have no claim and/or complaint and/or demand directly and/or indirectly against the Site Operator and/or their owners, and/or their managers, and/or their representatives.
10. The Site Operator reserves the right to make from time to time updates and/or changes to the content and nature of the Bylaws, Terms of Use and the terms detailed on the Website, per their sole discretion, and without needing to make an announcement in advance, and these terms will be in effect as soon as they are published on the Website, unless otherwise stated explicitly.
11. The Site Operator is not liable nor will they be liable for the content and nature of the information presented and published on the Website, which belongs, and/or originates from and/or written, and/or published by any third parties, and/or that was taken from sources that do not belong to the Site Operator, and the user will have no claim and/or complaint and/or demand against the Site Operator and/or their owners, and/or their managers, and/or their representatives.
12. All of the pictures displayed on the Website are for illustration purposes only. Note that since the pictures are displayed on the user’s computer screen, and/or printed by the user from the computer screen, there could be differences and changes from the appearance of the products on the picture and their actual appearance.
13. You can find links on the Website that lead to other websites (hereinafter: “the Linked Websites”). The aforementioned links are intended for the convenience of the user exclusively. The operator is not responsible for the aforementioned links, and/or the Linked Websites, and/or the information they include, their validity, veracity and legality. Any use and/or entry to the links and/or the Linked Websites are the user’s sole responsibility.
14. Eligibility to Use the Website:
The eligibility to use the Website, per its terms and directives, and use it to purchase various services, belongs to any user subject to complying with all of the following terms:
1. Any person who is 18 years old or older, and he is legally competent (as defined in the Legal Capacity and Guardianship Law, 5722-1962).
2. The user has an active bank account, an ID card or a valid passport and a valid credit card issued by one of the following credit card companies: VISA CAL, Leumi Card, American Express, Diners Club, Isracard and Mastercard.
3. The user has a valid email, and all of the mandatory fields on the order form on the Website were faithfully completed by the user, including but not limited to, an active email address, residential address, ID number and cell phone number.
4. The user can only be a private person that wishes to book a vacation and/or order a service from the Website for personal use purposes, and not to sell said vacation and/or product and/or service as a resale and/or wholesale and/or bulk sale.
5. Preventing Access And/Or Use of the Website:
6. The user may use the Website for the sole purpose of booking and purchasing services and/or receiving information. To clarify, any use of the Website except for the permitted actions specified in the Bylaws is strictly forbidden, and the Site Operator reserves all right concerning this matter.
7. Using the Website is strictly forbidden if it is for one of the following objectives and/or activities: (a) Editing and/or uploading copyrighted texts and/or pictures if the user does not have the required permission, as well as use of materials that violate third parties’ intellectual property rights of any kind (including patents, trademarks, trade secrets, publishing rights, etc.); (b) Executed and/or suspected evidence for a criminal/civilian offense; (c) Slander and/or libel; (d) Distributing profanity related materials, discriminatory, violent, offensive, pornography, racism related material and/or invasion of privacy related material, or any material that serve as grounds for a lawsuit or violates the law, including the Defamation Law, 5725-1965 and the Privacy Protection Law, 5741-1981; (e) Violating third party’s rights that they legally have, or acquired through an agreement; (f) carrying out forbidden activities and/or activities that are restricted per an agreement or the law; (g) Violating confidentiality and/or publishing information that was disclosed in confidence; (h) Distributing materials considered as direct mailing which forbidden by law, and/or do not comply with the law, and/or harassing materials of any kind that their recipients did not give an explicit consent to receive them; (i) Distributing materials that may damage or harm or cause a loss to any third party.
8. The Site Operator has the right to prevent and/or remove and/or stop any content that is related to an activity detailed in section 4.2 above, and/or any material that may damage the image of the Website and/or the Site Operator.
9. The Site Operator and/or their representative are not responsible for any illegal activity carried out, if at all, by any of the users of the Website, and/or any other agent that does not represent them.
10. The Site Operator has the right to prevent or stop the access of any user to any portion of the Website, including a user that placed an order on the Website, and the user will have no complaint and/or claim and/or demand against the Site Operator and/or any representative on their behest.
11. Without derogating from the aforementioned, the Site Operator may prevent a user from using the Website, including from making a reservation, in any one of the following instances:
12. If the user deliberately provided false information.
13. If the Site Operator believes the user’s action harmed and/or can potentially harm the Site Operator and/or any third parties, including the customers of the Site Operator.
14. If the Site Operator believes the user utilized the services of the Website for an illegal conduct, or to enable, facilitate, assist, or encourage executing the aforementioned illegal conduct.
15. If the Site Operator believes the user violated the terms of the Bylaws and/or any other agreement with the Site Operator and/or its representative.
16. To clarify, entering false information is a criminal offense, and the Site Operator and/or their representative may take any measure legally available to them against the person that falsified their information, including due to potential damages to the Website, the Site Operator and/or their representative as a result of the falsified information; as well as, without derogating from other remedies available by law, cancel the order of the aforementioned user and/or his representative.
17. Value Added Tax:
All of the prices quoted on the Website include VAT (where applicable), at the rate set on the date the Operator provided the hotel service, unless explicitly stated otherwise.
1. Booking Using the Order System on the Website:
2. A user that wishes to book a vacation at the hotels and/or other services and/or to purchase any products using the Website, is required to complete all of the mandatory fields on the order form on the Website, including full and accurate contact information, credit card number, and any information requested by the Site Operator as prescribed below in the Bylaws and in the instructions on the Website (hereinafter: “Order Information”).
3. Searching for Available Rooms - The user is required to use the search window on the homepage to choose, among other things, the hotel he wishes to stay at, as well as enter additional applicable information with respect to the reservation, including check-in and check-out dates, how many rooms and how many people will be staying (using the demography of adults / children and babies).
4. Search Results - Per the parameters entered by the user in the search window, the Order System will show the user a list of the applicable hotels and the lowest price for making a reservation in every hotel (which will read, “Starting at X ILS”) (hereinafter - “the Lowest Price”). On this page, the user will also be able to view information about the hotels, rooms, and additional services offered by the hotel, as well as view pictures that are intended for illustration purposes only of the hotel and the rooms.
5. Choosing a Room - On the room choice page, the various types of rooms offered at the hotel will be shown to the user (for instance, a “Standard” room, or any upgraded room, as they are offered from time to time by every hotel) and prices categorized by the hospitality rate (only stay/stay and breakfast/half board/full board).
6. Prices per rooms and hospitality basis that are shown on the room's choice page, are in two categories:
7. Regular Call Center Price - The price offered to users that choose to complete the order via the Site Operator’s call center by calling *3993, rather than the Website.
8. Internet Reduced Price - Reduced price offered to users that complete the booking process by using the website’s order system, received the order confirmation (as defined below), and complied with all of the directives of the Bylaws, the website and the SOP practiced by the Site Operator.
9. Another Display of the Price Offered on the Website, if the Customer Identifies as a Club Member:
Reduced Internet Price, in addition to Club Members Special Discount - Users enrolled as club members when making a reservation, or sign up to be enrolled in the club during the process of making the reservation, and identify as club members when making the order on the Website (prerequisite for receiving the discount), are eligible to receive a special discount that is offered to the Site Operator’s club members, that also make their reservation through the Website. To clarify, in order to receive this discount, it is required that the user complies with all the applicable terms to be enrolled in the Site Operator’s Customer Club, as described in section 12 below.
1. In order to complete the order, the user has to choose the applicable price offer, and click on “Order Now”.
2. On this page (or on other pages) additional restrictions and terms about the order will be shown. Additionally, this page will show information about various offers made by the Site Operator to order at the hotel.
3. To emphasize, during the process of making a reservation on the Website, the user may only book up to 3 rooms, and a club member may order up to two rooms. In any case, the user is not allowed to order more than 9 rooms using the website for the same dates and/or on similar dates and/or close dates at a certain hotel and/or at several hotels.
4. To emphasize, using the Order System is intended only for private customers (and not for corporations or businesses) that book an individual vacation, and the Site Operator prohibits any use of the order system for the direct or indirect purpose of resale and/or wholesale and/or bulk sale and/or group vacation and/or any other vacation that is not an individual booking of a single vacation.
5. The user undertakes to avoid booking for a group and/or bulk and/or any other type order through the Website, which is not detailed in the Bylaws, directly or indirectly, including but not limited to, splitting orders and/or booking a vacation on close dates and/or ordering a vacation on similar and/or close dates and/or booking while using several users and/or accounts and/or any other use contrary to the directives of the Bylaws and/or that can bypass the directives of the Bylaws, specifically directives 4.6.1 - 4.6.4 of the Bylaws.
6. The Site Operator reserves the right to take action in case of suspected violation of sections 4.6.1 - 4.6.4 above, including the right to cancel any reservation that was made and/or prevent access from any user to the Order System and/or access to the Website and/or part of it, as well as charge the cancellation fee and/or change making fee set in the bylaws due to making reservations as aforementioned. This does not detract from the Site Operator’s right to sue the user using any right and/or remedy they are eligible for due to violating the directives of the Bylaws and/or the Law.
7. It is also agreed that in case of suspected use of the order system in a way that contradicts the Bylaws and/or intended to bypass the directives of the Bylaws, the Site Operator may fulfill the order but charge the user the full price, as per their sole discretion.
8. The user will have no claim and/or complaint and/or demand against the orderer and/or any of their managers and/or their representative with respect to sections 4.6.1 - 4.6.4 above.
Making a Reservation on the Website:
1. On this page the order information will be shown to the user, including the vacation dates, the rooms that were reserved, the cost of the rooms, and the order’s total cost.
2. Additionally, the user will be required to enter the following information for the purpose of order identification and opening the user account (hereinafter: “User Account”):
3. Personal Information - Including, full name, email address, telephone, full mailing address and a password.
4. Valid Credit Card Information Belonging to the User - To clarify, entering the credit card information is not payment for the booking, but a security given to the Site Operator to ensure the user will redeem the order. In any case, the payment for the reservation made will be done on the vacation date at the hotel, and not through the website.
5. Notwithstanding the aforementioned, when making a reservation, the user approves and grants an irrevocable permission to the Site Operator and/or their held companies and/or affiliated companies and/or hotels and/or their representative to use the credit card information for the purpose of charging the customer should he violate the terms of the order and/or will owe funds to one of the hotels and/or the companies that operate them due to booking services and/or products and/or due to damages and/or other charges that he is dully liable for. The Site Operator and/or the companies they hold and/or affiliated companies and/or the hotels and/or their representatives will use the credit card information in any case of charging due to canceling the order and/or making a change in the order and/or not arriving on the date of the booked vacation in case of an uncancelled order, etc, per the charging fees specified below in the Bylaws.
6. The Site Operator and/or their held companies and/or affiliated companies and/or the hotels and/or their representative will use the credit card information, and will charge the customer in case of debt and/or charge and/or damage he is liable for to the Site Operator and/or the hotels and/or the Site Operator’s subsidiaries.
7. Submitting Direct Notes to the Hotel - In this window, the user may enter comments and additional requests for the hotel’s approval. To emphasize, entering comments in the Order Form by the user does not obligate the Site Operator and/or the hotel to oblige these comments and/or requests, and in any case obliging the user’s requests will be done, if at all, subject to the hotel’s policy and the hotel’s sole discretion. The user understands that the Site Operator and/or their representative and/or the hotel do not undertake to oblige the user’s requests on the order, and that he forgoes any claim and/or demand and/or complaint against the hotel and/or the Site Operator and/or their representative due to not obliging the user’s notes, in full or in part, as they were entered into the order form.
8. Order Summary - On this page, the user may add to the order special services that the hotels offer from time to time (hereinafter: “Additional Services”). The Additional Services are subject to a surcharge, which is specified on the website and will be added to the total cost of the order.
9. Subsequent to completing the order of the special services, click on the order confirmation button. Alternatively, if the user does not wish to book any special services, he can opt to skip the ordering special services phase and move to confirm the order.
10. To clarify, ordering Additional Services does not grant the user and/or club member any discount and/or benefit, and the discounts and/or benefits specified in the Bylaws and/or the website are calculated only with respect to the cost of the rooms and meals included in the basis of the reservation.
Reservation Confirmation:
1. Subsequent to entering the order details in full, and complying with the instructions and directives on the Website and Bylaws, the Site Operator will provide the user a formal Reservation Confirmation, which serves as a reference for completing the order on the website’s order system (hereinafter: “Reservation Confirmation”).
2. The Site Operator will send the user the Reservation Confirmation using the email address the user provided the Site Operator with during the process of making the reservation on the Website.
3. Every reservation has a serial number that is kept on the Site Operator’s Order System for monitoring and internal record keeping purposes.
4. The Reservation Confirmation shows the user, among other things, the summary of the reservation, the cost, and information with respect to the option of cancelling the reservation
5. To clarify, the information shown on the Reservation Confirmation is a summary, and in any case, the reservation is subject to the directives of the Bylaws, instructions on the Website, and the Site Operator’s acceptable terms with respect to making reservations and cancelling them.
6. The user should print the Reservation Confirmation and present it upon his arrival at the hotel. To emphasize, presenting the Reservation Confirmation to the hotel representatives is a prerequisite to do a check-in at the hotel, per the terms and the prices detailed on the Reservation Confirmation.
7. Only subsequent to fully completing the reservation and receiving confirmation from the Site Operator, through the Website and email, the user will be considered as having completed the reservation, subject to the terms of the Website and its instructions, as well as, to the hotel chain’s acceptable terms with respect to making reservations.
8. Notwithstanding the aforementioned, the user affirms he understands that the Site Operator reserves the right to decline the reservation or cancel it even after it is approved per their sole and absolute discretion, and they are not under any obligation to provide any explanation concerning the aforementioned refusal. The Site Operator reserves the right to do so, among other things, in cases of a technical malfunction on the Website and/or human error (including a human error in entering the reservation prices) and/or concern about criminal and/or inappropriate use of the Website and/or due to any other reason, including the cases detailed in the Bylaws.
9. The user foregoes making any claim and/or demand and/or complaint against the Site Operator and/or their representative and/or the hotel with respect to the content of this section.
10. Should you have any query or concern, you may call the website’s tech support at *3993 or email [email protected].
11. The user may view the details of the reservations he made through the Website by going to the “Personal Area” on the Website, and entering the account information (his email and password).
12. To emphasize, making a reservation through the Order System is binding by all accounts, and it is the same as booking rooms and/or other services from the Site Operator via any other means, including using the phone to make the reservation with the operator’s call center.
13. To emphasize, the Reservation Confirmation and the right to redeem the services detailed in the reservation are given only to the user, and are nontransferable. The user therefore undertakes to avoid transferring the right for the reservation to any third party and/or allow use of the Reservation Confirmation by any third party, as well as inform the Site Operator about any unauthorized use of the reservation as aforementioned.
14. The user understands and consents that he has the sole and exclusive responsibility for any damage and/or loss caused to the Site Operator and/or their managers and/or their owners and/or their representative due to a lawsuit and/or any third party’s demand and/or damage and/or loss caused to the Site Operator with respect to or subsequent to the aforementioned reservation.
Restrictions Regarding Liability When Executing Orders:
1. The Site Operator and/or their representative and/or any of the site managers and/or their representatives and/or the hotels are not liable, directly or indirectly, if the reservation information was not received on the Website and/or due to any technical issue and/or otherwise that prevents the use from making a reservation and/or order other services and/or products through the Website.
2. In order for any reservation made to be received by the Site Operator,the computers of the Site Operator must receive the input in a proper and orderly fashion, and it should include all of the required information. The Site Operator will not execute an order that was not received by their computers or received in a faulty fashion, or if not all of the required order information were completed, or if the order includes illegible information, even if the source of the malfunction and/or the blunder originated from the computers of the Site Operator. Therefore, it is the user’s responsibility to ensure vis-a-vis the Site Operator about carrying out the order, and the user foregoes in advance any claim in that regard.
3. The Site Operator and/or their representative and/or any of the Website managers and/or their representative and/or the hotels will not be responsible in any way for any error that was made by the user when inputting/entering the specs of the reservation, including but not limited to, an error in the choice of the vacation package, date, number of beds, meals, as well as any other service that would be ordered by the user through the website, and the user declares and agrees herewith that he take responsibility for the information he entered as it was received by the Site Operator, will have no claim and/or complaint and/or demand against the Site Operator and/or their representative and/or any of the Website managers and/or their representative and/or the hotels about the aforesaid.
4. To clarify, making a reservation through the Website will be confirmed by the Site Operator, if at all, subject to receiving approval by the applicable credit card company with respect to executing the order.
5. If the credit card company refuses to approve any transaction, the Site Operator may decline the reservation, and charge the user cancellation fees as aforementioned. The site Operator may, but is not required to, inform the card holder about the refusal of the credit card company to approve the transaction, and time to sort out the approval of the transaction by the credit card company, rather than declining the reservation.
6. Policy of Reservation Cancellation By the User:
Subject to the Consumer Protection Law, 5741-1981, and the regulations derived from it, the reservation cancellation by the user will be in accordance with the following:
1. Concerning a hotel room reservation that was made for May, August, October and the holidays (Jewish and Christian) - the reservation can be cancelled no later than 7 days prior the scheduled check-in at the hotel.
2. Concerning a hotel room reservation scheduled to any of the other months, it can be cancelled up to 72 hours prior to the scheduled check-in at the hotel.
3. Should a cancellation is made by the date as specified in sections 7.1 - 7.2, the Site Operator will not charge cancellation fees.
4. A reservation that was cancelled not within the scope of the permitted time frames as specified in section 7.1 - 7.2 will incur a cancellation fee of one night stay. If the person making the reservation did not check in on the set date for the service, the instructions of section 9 below will apply.
5. Only the user that made the reservation has the right to cancel it, even if the user made the reservation for another person.
6. Cancelling a reservation may only be done as a written notice to be submitted to the company by the user (and not by any third party) in one of the following ways:
7. Fax: 03-7600707
8. Email: [email protected]
9. Using a designated link on the website
10. Verbally - by calling the company's customer service call center at *3993
11. Sending a letter via registered mail to 29 LEHI St., Bnei Brak
12. The cancellation notice has to include the full name of the user, his ID number and the order number.
13. To clarify, the above instructions of this section do not derogate from the Site Operator’s right to sue for damages as a result of unlawfully cancelling the reservation and/or due to any other conduct by the user contrary to the directives of the Bylaws and the Law.
14. Policy of Changing the Reservation By the User
Subject to the Consumer Protection Law, 5741-1981, and the regulations derived from it, changing the reservation by the user will be in accordance with the following:
1. For the purpose of the content of the Bylaws, “Reservation Change” will be as follows: Change by the user of the Website of the reservation made, with respect to adding other and/or additional services to his order, subject to the Law and the terms of the Bylaws, after the user made a reservation using the website’s Order System, approved the reservation and having received an Reservation Confirmation.
2. To clarify, any change requested by the user with respect to removing services that were ordered within the scope of the original reservation (which includes decreasing the number of rooms reserved and/or decreasing the number of guests and/or decreasing the number of days reserved) will not be considered within the scope of the directives of this section as making a change in the reservation, but they are included only within the scope of the directive of section 7 above, with respect to “Reservation Cancellation”.
3. To clarify, that company is not under any obligation to accept a Reservation Change, and an aforementioned change will be subject to the company’s discretion, and their ability to make the requested change.
4. Any change in the reservation should only be made vis-a-vis the company’s call center by calling *3993. The determining change date is the date of making the aforementioned call.
5. No claims about any changes will be accepted, unless they are backed by a written document, signed and approved by the company’s call center.
6. A user who makes a change to his reservation as aforementioned, will cover all of the required costs with respect to his reservation, as quoted to him by the company’s call center, in accordance with the cost of the changes and/or additions when making the aforementioned change.
7. Charging Policy With Respect to Failure to Check-In on the Date Scheduled for the Service:
8. For the purpose of the Bylaws, the term “Failure to Check-In” means: when the person placing the order did not arrive to receive the services he ordered via the Website, on the set date on the Reservation Confirmation, and did not practice his right to cancel the reservation per the aforementioned Reservation Cancellation policy.
9. A user that did not arrive on the set date for the services detailed in the reservation that was confirmed by the Site Operator, will incur the charge of the first night of his reservation, based on the regular hotel rate concerning that date with respect to reserving a room for the night with breakfast included (to emphasize, the user will not be charged the discounted rate in lieu of making the reservation online and/or making reservation within the scope of club membership, but the charge incurred is the regular standard hotel rate on the time he did not check-in).
10. Reservation Cancellation by the Site Operator:
Without derogating from any other remedy at the Site Operator’s disposal as per the Law or the Bylaws (including the right to cancel reservations per other directives specified in the Bylaws), the Site Operator may cancel any reservation made, should one of the following terms take place:
1. In case an error is found in setting and characterizing the service and/or the issue, including the price and/or any other detail with respect to the product and/or the service.
2. In case of a technical error and/or human error and/or any malfunction on the website and/or on certain applications on the Website and/or due to any reason that impacted making the reservation as per the Bylaws and/or the ability of the orderer to comply with the directives of the Bylaws.
3. In case the Site Operator recognized that the user that made the reservation does not comply with one of the terms set on the Website and or by one of the terms of the Bylaws, as per their sole and absolute discretion.
4. In a case that subsequent to making an order, the Site Operator realizes there is no vacancy or that they cannot carry out the reservation due to any reason, the Site Operator may cancel the reservation and refund the user any sum he may have paid for the reservation and/or cancel any charge applicable to the user due to the reservation. Alternatively, they may offer the user with an alternative equivalent vacation to the one he made a reservation for. Should the user opt to not book the alternative vacation, the reservation he made will then be cancelled, and the Site Operator will refund the user in full any sum he paid for the service reserved, as well as cancel any user charge with respect to the reservation.
5. In case it is suspected that the user violated the directives of the Bylaws, or used the Bylaws inappropriately and/or for the purpose of bypassing its directives.
6. In case of force majeure, plagues, acts of war, hostility or terrorism, or due to circumstances that are not under the control of the Site Operator that prevent the Site Operator from operating the hotels as a whole or a specific hotel.
7. Should the Site Operator practice their right as aforementioned in this section on all of its subsections, the user can make no claim, complaint and/or demand against the Site Operator and/or their owners and/or their managers and/or their employees and/or their representative, of any type, including due to executing the reservation, profit loss, making a reservation with a third party at a higher price, etc.
8. In any other case specified in the Bylaws.
9. Terms and Restrictions Related to the Reservation:
10. The user states he is aware the number of the available hotel rooms is limited, and that carrying out the reservation and approving it are subject to having a vacant room at the applicable hotel.
11. The Site Operator reserves the right to dynamically cancel or change the terms of executing the reservations made on the Website, as well as all of the prices listed on the Website, and at any time, even after confirming the reservation on the Website, and the user will have no complaint and/or claim and/or demand concerning the matter.
12. The prices in Eilat do not include VAT, and the user will not be charged for this.
13. Any place on the website that lists the prices in USD, the price will be calculated per the formal exchange rate set by the Bank of Israel as of the payment date, the day the reservation was made on the website or the date of the stay at the hotel, the highest of them.
14. Unless otherwise specified, no more than one offer at a time can be redeemed when making a reservation on the Website.
15. The stay at the hotel will begin at 03:00 PM of the first day specified in the reservation and will continue until 11:00 AM on the day of departure. Early check-in at the hotel and/or late check-out are subject to a surcharge.
16. In all of the chain hotels, the stay of children and teens under the age of 18 years old is permitted only when accompanied by an adult older than 21 years old. Making hotel room reservations is only permitted for adults over the age of 18 years old.
17. With respect to a hotel stay - a baby is considered a person up to two years old, and a child is considered a person between two years and thirteen years old.
18. VERT Community:
19. “VERT Community” is the Site Operator’s customer club, which gives its members the opportunity to vacation and enjoy at the hotels (hereinafter: “the Club”).
20. Any person, resident of the State of Israel, who is 18 years old or older, has a valid ID card, who wishes to enroll as a member of the customer club, will be required to open an account under his name on the Website (hereinafter: “Club Member Account”), and complete the consent and enrollment form for the club membership correctly and accurately (hereinafter respectively: “Club Membership Enrollment Form” and “Club Member”).
21. It is also possible to join the customer club via the chain’s call center, in this case, the guest will receive an enrollment form that he will need to complete and sign. After he submits the form back to the center, the club enrollment will be finalized by the call center.
22. The user will be required to choose a personal user name and password on the Club Membership Enrollment Form that will serve him when making reservations and other activities on the website, as well as enter his personal information, including his full name, address, telephone number, ID number, email address and date of birth. To clarify, the Site Operator relies on the veracity of the aforementioned data in order to provide the Club Member with the benefit as specified below. Any error in the data entered as aforementioned is the Club Member responsibility exclusively, and the Site Operator is not liable for, among other things, issues in redeeming the benefits due to data errors as aforementioned.
23. Also, there is the option of enrolling with the customer club at the chain hotels, by completing the Club Membership Enrollment Form to be handed by the hotel’s reception clerk. Subsequent to completing the form, the reception clerk will input the Club membership information.
24. Club enrollment requires a recurring annual fee of 150 ILS, except for special enrollment offers, to be made available from time to time at the sole discretion of the Site Operator. In the end of every year, the Club Member will be required to renew his membership in order to continue to enjoy the Club’s benefits.
25. The Site Operator reserves the right to change the Club enrollment price, as well the Club’s payment terms.
26. After approximately 60 business days from the date the enrollment form was completed have elapsed, the Club Member will receive at the address he entered on the Club Membership Enrollment Form the club card (hereinafter: “the Club Card”).
27. Site Operator’s hotel discounts and benefits will be given only to the Club Card holders. Therefore, the club membership is personal and non transferable to any third parties, except for the Club Member’s spouse and children (up to 18 years old) (hereinafter: “Immediate Family), and it is not intended for corporations, agents and/or businesses. The Club Member undertakes to refrain from giving the account information to any third party to make use of his account, as well as immediately inform the Site Operator about any unauthorized use of the Club Member Account.
28. To clarify, for the purpose of customer club membership, “spouses” are only people that are legally married or common law spouses, subject to and in accordance with the Israeli law.
29. After opening the account, the Club Member will receive an email message that will include his password and the benefits and/or discounts offered by the Site Operator and/or third parties.
30. Any user that is enrolled as a Club Member is personally responsible for any use that is made with the Club Member Account that he opened, as soon as he opened it. The user understands and consents that he has the sole and exclusive responsibility for any damage and/or loss caused to the Site Operator and/or any of their managers and/or any of their owners and/or any of their representatives due to a lawsuit and/or any third party’s demand with respect to using the Club Member Account. The Club Member assumes herewith full responsibility for any cost derived from carrying out reservations via the Club Member Account, as well as undertakes to indemnify and/or compensate the orderer due to any damage and/or loss they incurred due to carrying out any reservations as aforementioned in this section.
31. Customer Club Benefits:
The benefit package for the club members and the start date for the right to redeem the aforementioned benefits are as follows:
1. First Time Reservation Benefit: 10% off as of the first reservation made by the Club Member. The aforementioned benefit does not apply in August, during the holidays and Israel commemorative dates. This benefit allows for also using the additional 5% discount when making a reservation on the Website.
2 .Birthday Benefit: The Club Member is eligible for a 20% discount when making a reservation on the birthday month of the Club Member or the birthday month of the Club Member’s spouse, per the Club Member’s discretion. This benefit can be redeemed only once a year, either on the birthday month of the Club Member or on the birthday month of his spouse, as of the second hotel room reservation the Club member makes.
3. Anniversary Benefit: 15% discount is given when making a reservation on the anniversary’s month. The benefit can be redeemed once a year, as of the second time the Club Member makes a hotel room reservation. This benefit does not apply in August, during the holidays and Israel commemorative dates.
4. Month of Choice Reservation Benefit: 15% discount is given on a chosen calendar month. The benefit can be redeemed once a year, as of the second time the Club Member makes a hotel room reservation, except for August, during the holidays and Israel commemorative dates.
5. Food and Beverage Benefits: 10% discount on food and beverages as of the first reservation made. This benefit is available to redeem at any time, even if there is not an actual stay at the hotel.
6. Spa Treatment Benefits: 10% discount on making spa treatment reservations at the hotel’s spa starting with the first reservation. This benefit is available to redeem at any time, even if there is not an actual stay at the hotel. This benefit does not apply at Crowne Plaza Tel Aviv City Center hotel.
7. Event Reservation Benefit: 10% discount on booking events at chosen hotels of the Site Operator (Brith, wedding, being called to read from the Torah, etc.). Redeeming this benefit should be done by calling the Site Operator’s call center (*3993). The list of the participating hotels for the events varies from time to time, and in order to have the current hotel list, contact the call center.
8. Food, beverage, event and spa treatment benefits can be redeemed via the Site Operator’s call center (*3993), or during the stay at the hotel. The rest of the benefits can be redeemed also when making the reservation on the website. The Club benefits cannot be redeemed as part of making order via an agent and/or a travel agency.
9. In addition to the aforementioned, the Club Member will also benefit from a variety of offers and discounts year-round, which will be communicated via advertising, as aforementioned.
10. The discount that the Club Member is eligible for is a discount when he makes the reservation and it is derived from the price list on that day.
11. The Club Member may book only one room, or two at the most, predicated the second room he booked is for an immediate family member (up to 18 years old), as defined above, who will stay with him during the vacation.
12. The discounts and/or benefits given to the Club members as specified on the Website and/or the Bylaws are temporary, and may dynamically change from time to time, per the sole discretion of the Site Operator. Therefore, the Site Operator may change and/or update and/or cancel the benefits and/or discount specified above, that they may give from time to time, and as per their sole discretion. This includes, and the Club Member understands, that the Site Operator is not required to issue him any minimum discount and/or give any discount and/or benefit at all.
13. The Club Member understands that in order to redeem any benefit and/or discount, he has to be enrolled as a Club Member, and comply with all of the directives of the Bylaws and the instructions on the Website in that regard, both on the date of making the reservation, and on the date of receiving the service (and until completion). If a Club Member makes a reservation via the Website, which credits him with any discount, and his club membership was terminated before the service date specified on the reservation (due to any reason, including his request to cancel his club membership, or a having the Site Operator decide to terminate his membership in the Club), his rights for any discounts and/or benefits will automatically be expired. In such a case, the Club Member will be charged the standard price for the room reservation and/or service, as set by the hotel at that time, with no right to receive any discounts and/or benefits.
14. Without detracting the rest of the Site Operator’s rights per the Bylaws, including their rights to cease the services provided through the Website, in part or in full, to all of the users and/or to a specific user, the Site Operator reserves their right to cease the Club Membership of any Club Member and/or temporarily and/or permanently restrict it, per their sole and absolute discretion. The Site Operator may practice its aforementioned right, including but not limited to, in cases of suspected abuse of the Club Membership and/or due to a technical malfunction and/or due to a human error and/or due to some duplication of the account and/or due to a policy change by the Site Operator and/or due to any reason. The Club Member foregoes here with any claim and/or demand and/or complaint against the Site Operator and/or their managers and/or their owners and/or their representative about that.
15. Unless otherwise specified, the Club Member may not claim more than one offer.
16. Club Member’s Personal Information and Updating Information:
17. Every Club Member consents that when he joins the Customer Club, the information he entered in the Club Enrollment Form will be used by the Site Operator for the purpose of keeping in touch and promotional purposes, updating the Club Member from time to time about offers and benefits for the Club members, and to send advertisements in various ways, including via email, fax, post, SMS messages, auto dial calls, etc. (hereinafter in this section: "Advertising Methods”).
18. In addition to the aforementioned, the Club Member consents that the Site Operator will send him mail and/or advertising that will include, among other things, hotel benefits and/or discounts (hereinafter in this section: “Direct Mailing”).
19. The Club Member understands that the Direct Mailing and/or Advertising Methods may include third party advertisements that are not necessarily related to the Site Operator and/or the hotel, and he gives his informed consent to receive these advertisements within the scope of the Direct Mailing/Advertising Methods as aforementioned. The Club Member will have no claim and/or demand and/or complaint against the Site Operator and/or any of their managers and/or any of their owners and/or any of their representative with respect to the content of this section 12, including its subsections.
20. The Club Member explicitly consents to the aforementioned use of the information, and confirms that the use will not be considered a violation of his privacy, not will it grant him and remedy and/or compensation.
21. The Club Member may withdraw his consent at any time by clicking on the applicable link at the bottom of the email that was sent to him, or by giving an explicit written notice to the Site Operator, which will include his full name, and an explicit notice about his wish to be removed from the Site Operator’s distribution list, and his refusal to receive advertisements as aforementioned, and fax it to 03-7600707 or email to [email protected].
22. To clarify, note that a request to cancel receipt of advertisements, as aforementioned in section 12.22.5, will not cancel the enrollment of the Club Member with the Site Operator’s customer club, and he may continue to enjoy the benefit packages given to the Club Member as detailed below without receiving updates about the benefits and the offers.
23. The directives of the Bylaws will apply to the Club Member with respect to keeping records in databases and/or confidentiality, including the aforementioned.
24. Cancellation of Club Membership:
25. The Club Member may request at any time to be removed as a club member by sending a written notice to fax 03-7600707 or by email to [email protected].
26. Cancellation of the Club membership means the Club Member completely and immediately foregoes any right and/or benefit and/or discount that were given to him and/or that he was eligible for with respect to his club membership before the cancellation from the Site Operator and/or third parties and/or their representative.
27. Notwithstanding the aforementioned, a Club Member that had his membership canceled, and during his membership period in the Club he redeemed one or more of the benefits given to the Club member, will not be eligible for a refund of his membership fees for any reason whatsoever.
28. The Site Operator may cancel the membership of a Club Member for any reason whatsoever, and will not be required to explain their reasoning, as aforementioned, including if the payment method provided was declined by the bank and/or credit card company etc., or for any reason whatsoever, subject to their sole and absolute discretion.
29. Without derogating from the aforementioned, the Site Operator may decide to terminate effective immediately the membership of a Club Member due to his failure to comply with the terms of the Bylaws or due to abuse, as per the Site Operator’s sole discretion.
30. The Club Member foregoes herewith making any claim and/or demand and/or complaint against the Site Operator and/or their managers and/or their owners and/or their representative with respect to the content of this section.
31. The Site Operator reserves the right to add, change, detract, and replace at any time the rules and procedures of the Bylaws, and even cancel the customer club effective immediately, without giving an advance notice and as per their sole and absolute discretion. As of the date of the change in the Bylaws, the Club will be subject to complying only with the new version.
32. The Site Operator may, per their sole discretion, donate a sum of the Club enrollment fees to a nonprofit organization and/or company of their choosing. Also, the Site Operator may change the amount of the donated sum and/or name of the beneficiaries, per their sole discretion, and with no need to have the approval of the customer club members.
33. The Site Operator may, at any time, and at their sole discretion, change the name of the Club, logos of the Club etc.
34. Providing benefits for the Club members is subject to the proper operation of the Site Operator’s operation and computer systems. If malfunctions occur that will temporarily prevent provide the Club members the benefits, as aforementioned, the Site Operator will to have the matter resolved expeditiously, and the Club member will have no claims or complaints against the Site Operator due to not being able to provide the benefits during the period of time the malfunctions occurred and the time it took to fix them.
35. Submitting an application to enroll in the customer club is the same as consenting to the entire content of the bylaws, including any future change in the directives of the Bylaws. The Club Member will make no claim and/or demand and/or complaint against the Site Operator and/or their managers and/or their owners and/or their representative with respect to the Bylaws and/or the change in the Bylaws.
36. The Site Operator may change and/or update from time to time the Club enrollment method, as well as add or remove members from the Club per the criteria they will set from time to time, per their sole discretion. The Site Operator may set from time to time criteria for admission of members to the Club, per their discretion.
37. Without derogating from the aforementioned, the Site Operator may decide to terminate effective immediately the membership of a Club Member due to his failure to comply with the terms of the Bylaws or due to abuse, as per the Site Operator’s sole discretion.
38. To clarify, all of the terms and restrictions listed in the Bylaws apply to the Club members with respect to making a reservation using the Website’s Order System and/or booking Additional Services and/or making any use of the Website, except for instructions that were explicitly changed with respect to the Club members.
39. Ceasing Operation on the Website:
40. The Site Operator reserves the right to change from time to time the structure of the Website, including its appearance, contents, scope, and availability of the services provided, and any other applicable aspect, with no obligation to give advance notice.
41. Without derogating from the Site Operator’s rights concerning the Bylaws, the Site Operator reserves the right to cease, effective immediately, at any time, subject to their sole and absolute discretion, the operation of the website, be it temporarily or permanently, including, but not limited to, due to any of the following cases:
42. If it is found that an illegal operation transpired or is taking place on the Website.
43. If a technical malfunction occurred that to the best of the Site Operator’s understanding prevented or could have prevented execution of any reservation that was made by the user or by all of the user on the Website.
44. In case of force majeure, acts of war, hostility or terrorism, or due to circumstances that are not under the control of the Site Operator that in the opinion of the Site Operator prevent continued proper operation of the Website, including executing a reservation that was made in accordance with the instructions on the Website and the Bylaws.
45. In any case when the Site Operator thinks an action was done contrary to the instruction on the Website and/or the Bylaws.
46. The user states and consents herewith that he will have no claim and/or complaint and/or demand of any kind against the Site Operator and/or their owners, and/or their managers, and/or their employees and/or their representative, with respect to ceasing the Website operation as per the Bylaws and/or due to issues and/or malfunctions that occurred.
47. To clarify, ceasing the operation on the Website by the Site Operator per this section will not derogate from the rights and/or responsibilities of the users that complied with the Bylaws, after the date of ceasing the operation on the Website as aforementioned.
48. The Site Operator may disconnect and/or restrict and/or cease providing the various services given through the Website, and/or refuse to grant access to the Website and/or to parts of it to any user, including, but not limited to, for the purpose of carrying out maintenance work, or doing an essential or immediate reset of the systems they use, per its sole discretion and without advance notice.
49. Blocking, ceasing or restricting the services, as aforementioned, does not make the Site Operator responsible in any way and/or derogate from the user’s responsibility to comply at any given time with the terms of the Bylaws.
50. Additional Statements and Responsibilities of the User:
51. The user undertakes to act in good faith and integrity with respect using the Website and/or with respect to anything he may do on the website and/or executing any order for purchasing products and/or services through the Website and/or with respect to everything involved with and/or derived from the aforementioned, and undertakes to not use the Website for any purpose except for the specified action prescribed in the Bylaws and/or according to it.
52. The user states and undertakes that he is aware the Bylaws, read them, understood them and consents to the directives and terms of the Bylaws and that he and/or his representative will have no claim and/or complaint and/or demand directly and/or indirectly against the Site Operator and/or their owners, and/or their managers, and/or their representatives, with respect to the aforementioned.
53. User Information Confidentiality:
54. The user understands that the Site Operator has databases as specified under the Privacy Protection Law, 5741-1981, and that all the information he provides can and will be entered into the databases, as aforementioned, that the company and/or third parties maintain on its behest.
55. By providing the information, as aforementioned, on the Order Form and/or Consent Form for Enrollment as a Club Member and/or any for and/or application and/or page on the Website, the user states that the aforementioned information was given voluntarily and in full consent.
56. The user understands that the Site Operator will use the information he provides for commercial and/or marketing purposes (including Direct Mailing) and/or other statistical purposes, and he hereby provides his full and informed consent to receive Direct Mailing and/or advertisements, among other things, as per the directives of the Communication Law (Bezeq and Broadcastst).
57. The user understands and he grants the Site Operator and/or their representative, including third parties providing the Site Operator various services, his consent to accessing the information he provided.
58. The Site Operator will make a due diligence effort, using all the means at their disposal, to protect the confidentiality of the user information on the Website, and prevent leaking it to outside parties. However, due to the nature of an online operation, the Site Operator cannot guarantee full protection from hacking their computers and/or from exposing the information they store. If, despite the security measures taken by the Site Operator, a third party successfully hacks the user information on the Website and/or abuses it, the user may have no claim. complaint and/or demand against the Site Operator and/or their owners and/or their managers and/or their employees and/or their representative with respect to the aforementioned.
59. The user understands that the Site Operator may submit the information, in full or in part, to third parties for a limited time or permanently, for a fee or at no cost, as per their discretion, and after consideration, he grants the Site Operator his full and informed consent with respect to this matter.
60. Without derogating the directives of section 15.6 above, the Site Operator will submit the user information to a third party (for identification purposes), in the following cases, and the user grants his consent herewith to submitting the aforementioned information should any of the following cases apply:
61. Submission of the user information is required for the purpose of having the Site Operator comply with their responsibilities per the Bylaws.
62. If user committed and action and/or a blunder that harmed and/or can potentially harm the Site Operator and/or any third parties, including the customers of the Site Operator.
63. If the user utilized the services of the Website for an illegal conduct, or to enable, facilitate, assist, or encourage executing the aforementioned illegal conduct.
64. If the user violated the terms of the Bylaws and/or any other agreement with the Site Operator and/or their representative.
65. If the Site Operator was served with a court order instructing them to provide the user information to a third party.
66. In any case of dispute, claim, demand or legal proceedings, if at all, between the user and the Site Operator.
67. If the Site Operator will undergo a merger or reorganization of their operations and/or the Website operation within the scope of another corporation, they may submit a copy of the information stored about the user on the Website to the aforementioned corporation.
68. The Site Operator may use the user’s personal information, as provided when making his reservation, as well as any information stored about the user when he used the website, for the purpose of generating and analysing statistical information. The Site Operator may submit statistical and other data to third parties, as long as the aforementioned data does not personally refer to the user or identify him, and the user can make no claim and/or complaint and/or demand against the Site Operator and/or their owners and/or their managers and/or their employees and/or their representative with respect to the aforementioned.
69. The Site Operator may use the user’s information for the purpose of database management and/or Direct Mailing and/or commercial and/or other marketing uses as permitted by law. The user provides the Site Operator with his explicit informed consent to send him Direct Mailing (including advertisements), subject to his rights as prescribed by the Law to request to remove him from the Direct Mailing list.
70. The Site Operator informs the user that the personal information he provided the Site Operator when he was making the reservation may be used for sending advertisements in various ways, including via email, fax, post, SMS messages, autodial calls, etc. (hereinafter in this section: "Advertising Methods”).
71. Furthermore, the user understands and consents that the Site Operator will send him mail and/or advertising that will include, among other things, hotel benefits and/or discounts (hereinafter in this section: “Direct Mailing”).
72. The user understands that the Direct Mailing and/or advertising may include third party advertisements that are not necessarily related to the Site Operator and/or the hotels, and he gives his informed consent to receive these advertisements within the scope of the Direct Mailing/advertising as aforementioned. The user will have no claim and/or demand and/or complaint against the Site Operator and/or their owners and/or their representative with respect to the content of this section 15, including its subsections.
73. A user that wishes to remove himself from the aforementioned mailing list, may do so at any time by clicking on the applicable link at the bottom of the email that was sent to him, or by giving an explicit written notice to the Site Operator, which will include his full name, and an explicit notice about his wish to be removed from the distribution list, and his refusal to receive advertisements as aforementioned, and fax it to 03-7600707 or email to [email protected].
74. The user states and affirms that he understands that the Site Operator uses technical services provided by third parties for the purpose of ongoing maintenance of the Website and carrying out the directives of the Bylaws, and within this scope, third parties may have access to the user’s data.
75. Intellectual Property:
76. All of the website related intellectual property rights of any kind (be they copyrighted or not), including the patents, copyrights, surveys, commercial methods and secrets, manner of displaying and designing the website, its databases (including lists of products and services, description of products and services, etc.), computer code of the website and any other information related to the website and its operation, are the sole property of the Site Operator, and only the Site Operator may practice all of the aforementioned rights. Concerning intellectual property rights with respect to products published on the website on behest of advertisers and/or third parties that permitted the Site Operator to publish information and/or rights as aforementioned, the aforementioned information and rights are the sole property of the advertisers and/or the third parties (as applicable), and may not be used without receiving in advance and in writing the Site Operator’s consent.
77. Do not copy, replicate, distribute, sell, market and translate any information from the website (including trademarks, pictures, texts and computer code) without receiving in advance the Site Operator’s explicit written permission.
78. Do not make any commercial use or otherwise of the data published on the website, the website’s database, the product list or any other information published on the website without the explicit written consent of the Site Operator, and do not do anything that may harm the intellectual rights of the Site Operator.
79. Do not use any data published on the website for the purpose of presenting them on any other website and/or service without receiving in advance the Site Operator explicit written consent, and subject to the terms of said consent (should it be granted). Also, do not collect data from the website by using Crawlers, Robots etc type software and/or distribute aforementioned data to the public in commercial way or framework.
80. Do not display the website in a visible or hidden frame, and do not link to pages within in (”deep links”), except for the homepage.
81. Do not display the website in a different design or a graphical interface from the ones designed by the Site Operator, unless the Site Operator’s explicit written consent was received in advance.
82. Do not use any commercial secrets related to the Site Operator and/or any data included in the reservation made and/or any part of the website for a purpose that was not specified in the Bylaws, in particular for the purpose of competing the Site Operator.
83. In order to link or display the website www.h-i.co.il and/or pages from it and/or part thereof and/or any information from it on other websites, including but not limited to by linking, the written consent of the Site Operator is required.
84. Site Operator’s Limited Liability, Compensation and Indemnification:
85. The user states he understands that the Site Operator takes every acceptable precautions to protect, as much as possible, the confidentiality and the security of the information on the website. However, due to the nature of the internet and occurrence of network and computer malfunctions, there could be malfunctions that are beyond the control of the Site Operator and/or derived from force majeure, and the Site Operator and/or their owners and/or their employees and/or their representative will not be held liable for any kind of damage, indirectly or directly, to be caused to the user and/or his representative due to using the website and/or if the aforementioned information is lost and/or being used by an unauthorized person.
86. The Site Operator and/or their owners and/or their managers and/or their employees and/or their representative will not be held liable in any way, nor will they cover any damage, be it direct, indirect, consequential, special or otherwise, which was caused and/or will be caused to the user and/or a third party, as a result of using and/or making a reservation via the website and/or as a result of any other procedure and/or any reason, not specified by the bylaws, whatever the grounds for the lawsuit may be, including loss of revenue and/or profit loss caused due to any reason. The understands and undertakes that even if any organization determines that the Site Operator bears some liability towards the user, the user agrees herewith that in any case the liability of the Site Operator and/or their owners and/or their manager and/or their representative with respect to the user is limited to the sum of the applicable reservation made and the amount of cancellation fees with respect to the aforementioned reservation.
87. The website displays various products and services with different specs and characteristics. In cases an error is found in the product’s specs and/or its description and/or its picture and/or in matching the picture to the product and/or the description of the service characteristics and/or any other error, the Site Operator is required to only provide the product and/or service as listed in the product and/or service title, and not any other presentation that displayed by error or due to a change or a bona fide error, and the user foregoes making any claim and/or demand and/or complaint against the Site Operator and/or their owners and/or their employees and/or their representative with respect to the aforementioned.
88. The Site Operator’s records about activities carried out through the website will serve as a conclusive evidence with respect to the veracity of the activities, including but not limited to the booked product type and/or service, user requests and the shipping date of the product and/or the date for providing the service.
89. The Site Operator does not assume responsibility for the website to operate without outages or malfunctions, and be immune to damages, delays, malfunctions, or failures derived from, among other things, hardware or software used by the Site Operator and/or their representative, or malfunctions derived from communication lines, communication means, communication equipment or any other communication limitations, and the user will not make any claim and/or complaint and/or demand towards the Site Operator and/or their owners and/or their managers and/or their employees and/or their representative with respect to the aforementioned.
90. To clarify, the Site Operator will not be held responsible with respect to statements, explanations, presentations, and verbal interpretations made by the Site Operator’s employees and/or any other person on their behest, as well as not by such that were included in the press, marketing brochures, and/or any other Advertising Method or illustration, except for the specified content per the Bylaws.
91. The Site Operator is not responsible for the content and nature of the information presented and published on the website, with respect to information originating from any third parties, and the user will have no claim and/or complaint and/or demand against the Site Operator and/or any of its owners, and/or any of its managers, and/or their representatives with respect to the aforementioned.
92. The user agrees to compensate and/or to indemnify the Site Operator promptly after their first demand, due to any damage, direct and/or indirect and/or any expense incurred by the Site Operator with respect to the complaint and/or demand and/or claim made by the user and/or his representative and/or as a result of a complaint and/or demand and/or claim the user and/or his representative made with respect to the Terms of Service and/or use of the website.
93. The user consents, without derogating any other right of the Site Operator, in cases the Site Operator suspects that the user’s use of the website does not comply with the directives of the Terms of Use and/or the law, the Site Operator may trace the user’s use on the website, deny the user access to the website or submit the user’s behavior pattern to third parties that will prove to the satisfaction of the Site Operator that harm was done from the user’s non compliant activity, as well as any other conduct that the Site Operator finds necessary to protect their property and/or their rights, and the user will have no claim and/or complaint and/or demand against the Site Operator and/or their owners and/or their managers and/or their employees and/or their representative with respect to any of their actions as aforementioned.
94. The user understands and agrees that all of the pictures displayed on the website are for illustration purposes only, and that there could be differences and changes from the appearance of the products on the picture and their actual appearance.
95. You can find links on the website that lead to other websites. The aforementioned links are intended for the convenience of the user exclusively. The Site Operator is not responsible for the links, and/or the Linked Websites, and/or the information they include, their validity, veracity and legality. Any use and/or entry to the links and/or the Linked Websites are the user’s sole responsibility, and the Site Operator and/or their owners and/or their employees and/or their representative will not be liable for any damage, direct or indirect, which was caused or may be caused to the user as a result of using and/or relying on the information that is presented on the aforementioned linked websites.
96. The Site Operator and/or their owners and/or their managers and/or their employees and/or their representative will not assume any responsibility for the server with which the website operates, including with respect to having the aforementioned server free of virii and/or other components that may harm the user’s personal computer while using the website, and the user will have no claim and/or complaint and/or demand against the Site Operator and/or their owners, and/or their managers, and/or their employees and/or their representative with respect to the aforementioned harm.
97. The Site Operator is not responsible for any illegal activity carried out, if at all, by any of the users of the website, and/or any other agent that they have no control over.
98. Prevailing Law and Jurisdiction
99. The laws of the State of Israel will apply with respect to the bylaws and the website and all that is derived and/or related with any of them. The bylaws and the website will be interpreted in accordance with the laws of the State of Israel and any dispute and/or legal issue with respect to the Bylaws and/or the Website and/or anything that is derived from them and/or related to them will be only decided in front of the authorized court at Tel Aviv-Jaffa.
100. If it is decided by an authorized authority and/or court that a certain part of the Terms of Use is invalid or unenforceable, then the sections that their validity was denied or decided that they are not enforceable will be considered as having been replaced by valid and enforceable sections, whose content matches as closely as possible the intent of the original sections, and the rest of the sections of the Terms of Use will remain in effect.
101. Assigning Rights and Responsibilities
102. The Site Operator may transfer and/or assign their rights and responsibilities per the Bylaws, in full or in part, to any person, without need to have the user’s consent, or providing any notice in that regard.
103. The user may not transfer and/or assign his rights and/or responsibilities per the bylaws, in full or in part, to any third party, unless he received the Site Operator’s consent for that in advance and in writing.
104. Collecting and Receiving Information
105. “Cookie” is a small text file that is transferred to your device via an internet server. By using the services, the Cookie is used so that the website system can swiftly and efficiently identify you when you return to use any of the services, and when you visit other websites.
106. By consenting to the Terms of Service, you permit the Site Operator to send your device a “Cookie”, use the information stored in the Cookie, and use it to identify you.
107. Information the User Provides to the Website: For the purpose of the content of this section, the meaning of the term “informaiton” is as follows: Information received by the Site Operator, by virtue of having certain services provided on the Website or using services that require early registration and entering, among other things, necessary personal information of the user. In this regard, “Personal Information” means data that the user voluntarily entered, for instance, his full name, residential address, type of hospitality and/or products and/or services the user wishes to consume, payment method if applicable, user’s contact information, for instance email address, telephone number, etc. Additionally, this also includes personal information received for marketing purposes or when signing up for receiving services on websites, or when purchasing products/services.
1. In addition to the aforementioned, some of the collected information during the user’s browsing on the Website is statistical information about the user’s activity, including type of advertisements, web pages, offers and services the user paused on, the user’s IP address, the user’s operating system (USER AGENT), etc.
2. Using the Information During the user’s browsing on the website, the Site Operator will collect the aforementioned information.
The Site Operator will store the information in their databases. Without derogating the law and the Bylaws, the Site Operator may use the information, among other things, for the following purposes:
1. Improving and enriching the services and the contents the Website offers, which includes adjusting them to the preferences of the users.
2. Make possible for the user to utilize the various services on the Website, including for creating personal areas on the Website.
3. Purchasing the services the website offers.
4. Contact the user if need be.
5. Analyzing, collecting and submitting statistical information to third parties, including advertisers.
6. For any other purpose specified in the Bylaws.
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