Last updated: 26 May 2020
The app offers services to manage your reservations while staying at the Dan Hotels Hotels Network Inc.
These Terms of Use (the "Terms") shall govern your use of our Application (the "App"), which offers services of operating your reservation while staying at one of Dan Hotels Ltd Hotels (the "Services", "Hotel" and "Company"). The App is applicable on smartphones and may also be applicable on other standard mobile devices currently existing.. For the purpose of these Terms, “we,” “our,” “us,” refer to the Company.
By using, downloading, installing or otherwise accessing the App you agree to be bound by these Terms and confirm that you are able to read these Terms in the English language. These Terms shall apply to your stay with the Hotel in addition to any other terms of services which will apply by the Company in this regards whether such terms of service were provided to you during the reservation process and/or can be found at the Hotel and/or its website.
In addition, by using the App you represent that you are over 18 years old. If you are under 18 years old , then you must get your parent or guardian to read these Terms and agree to them for you before you use the App.
If you are a parent or guardian and you provide your consent to your child's use of the App and you agree to be bound by these Terms with respect of your child’s use of the App and/or the Services. If you are using the App and/or the Services on behalf of a business or another entity you represent and warrant that you have the necessary authority to bind that business and/or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE APP AND/OR SERVICES.
DESCRIPTION OF THE APP AND THE SERVICES
The App may be obtained via download through either the Apple App Store (“Apple Store”) or the Google Play Store (“Google Play”), depending on the nature and compatibility of the device from which you will use or access the App. You are solely responsible for ensuring that your devices are compatible with Apple Store or Google Play. We may occasionally need to carry out repairs, maintenance or introduce new facilities and functions, therefore access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice.
Some guests using the DanApp will be asked to allow location services in the DanApp. Location permission is required to open the hotel room door with the DanApp.
Subject to your compliance with these Terms we grant you a limited, non-exclusive, non-sub licensable, non-transferable and revocable right to use the App and the Services for your personal, non-commercial use.
The App enables you to operate your reservation with our hotel, including but not limited to, search reservation, check in, view the hotel information and attractions in the area, view the hotel restaurant menus, unlock room door, request assistance from the hotel crew, view room balance, check out. The services provided in the App may vary from time to time upon the Company's sole discretion.
The App is intended as an additional technical tool to enhance the experience at the Hotels of the Company and is not adapted to the Israeli accessibility standards. Accordingly, guests who are interested in receiving an accessible service adapted to Israeli standards are invited to call the hotel team directly and / or by email:
Caesarea@danhotels.com available 24 hours a day.
We may send you push notifications as part of the services, such as a notification of room being available and your room number.
We may ask you to answer a satisfaction survey conducted by us from time to time.
USER ACCOUNT
The access to the App and/or Services is available solely by a user account with the App. To create an account simply answer our profile questions, such as your name, your phone number, a photo, your valid email address and to create a password to register your profile. All as shall be requested during the registration procedure. All information that you provide to us ("Account Information"), including to register, is subject to ours Privacy Policy. You must provide accurate and complete information and keep your Account Information updated. You may not allow third party's access to the App through your account and/or disclose your password to any third party. A strict compliance with this provision is important, inter alia, for your own safety.
Without derogating from the generality of the above, you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are responsible for all conducts and transactions taken place on or using your account and undertake to take precautions to keep your password and other account information secure. You must notify us immediately of any breach of security or unauthorized use of your account. We reserve the right to monitor your use of the App and/or the Services for the purpose of statistical analyses and/or of verifying your usage complies with these Terms.
We may introduce new features, change existing features or remove features from the Services at our sole discretion and without notice.
TERM OF SALE
You may place an order for goods or services ("Products") offered on the App. We reserve the right to decline orders, refuse partial or full delivery, terminate accounts and/or cancel order at any time and for any reason.
We reserve the right to update prices and available Products at any time without a notice.
You may have the option to order alcohol products. If you ordered an alcohol product, you warrant and undertake that you and to the extent you are not the recipient, the Product end recipient, are 18 years of age or older. Upon delivery, we may condition the supply of an alcohol Product upon a valid government issues identification proving the age of you or the Product end recipient, ass applicable.
All pictures are solely for illustrations purposes.
PAYMENT
During check-in we will take a guarantee from the guests credit card a sum of 50 NIS or 10 $ for a one-night stay. For stays longer than one night, an additional one night room rate is a held for every two nights.
We may use external third parties who provide us payment services to charge your payment card for all payments and amounts due to the Company by you. You hereby authorize such third parties to charge your payment card for all payments and amounts due to the Company by you. Completion of a payment transaction is contingent upon: you proving complete and accurate personal, account and card information as needed; authorization of the payment by your credit card company; and acceptance of the payment.
The Company hereby disclaims any warranty and shall not be liable for any damages relating to or in connection with the external third party payment services ("Payment Processor"). The processing of payment will be subject to the terms and conditions of the Payment Processor in addition to these Terms. Liability for all credit card issues, including clearing, settlement and the agreements related thereto, are to be regulated between you and your credit card carrier. We will bear no responsibility and/or liability for any such issues, including use of a stolen credit card. In any such event, you are required to contact your credit card carrier.
LICENSE AND PROPRIETARY RIGHTS
As between the Company and you, the Company is the owner of all legal rights, title and interest in and to the App, including but not limited to any content, inter alia, pictures, graphics, photos, sounds, music, trademarks, service marks and logos, the design of the App and all software and other technology used to provide the App are owned or licensed by the Company and are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and nothing in these Terms shall be deemed as a grant of any such rights to you.
Subject to these Terms and your compliance with them, the Company hereby grants you a personal, royalty-free, non-exclusive, non-transferable, revocable license to use the App. This license is for the sole purpose of allowing you to utilize the Services, in the manner permitted by these Terms.
You may not use the App otherwise as expressly permitted. Without limitation You may not (and you may not permit anyone else to) directly or indirectly: copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the App, Services or any part thereof; transmit any content on the App; tamper with or disassemble the technology used to provide the App; interfere with or damage the App; impersonate or misrepresent your identity; violate any law, rule or regulation; use any device, software, instrument, robot, spider, malicious code, virus, worm, Trojan horse, spyware, malware or other technologies, devices or manual processes to: (1) monitor, scrape or copy the App or any content in it or (2) interfere, interrupt, disrupt, alter, destroy, impair, restrict, tamper or otherwise affect the proper operation of the App. Any action contrary to the foregoing clauses will constitute a material breach of these Terms.
LINKS AND ADVERTISEMENTS
The App may include links to other websites or features including but not limited to, links to third-party websites. Links and/or features may be also included in commercials, images or comments within the App. The use of any such websites and/or features is subject to the terms and condition of such websites and/or features. The App may also include third party content. We do not control any of third party's websites and/or features and/or content; and any use of them is at your sole discretion and risk.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP AND/OR SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS”. THE COMPANY AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS ("REPRESENTATIVES"), MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND ANY OF ITS REPRESENTATIVES, DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE APP AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, AND (B) YOUR USE OF THE APP AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
TO REMOVE DOUBT, WE SHALL NOT BE LIABLE TO ANY INFORMATION PROVIDED BY US IN RESPECT OF ATTRACTIONS AND/OR F THIRD PARTY'S SERVICES AND ALL SUCH INFORMATION IS PROVIDED O YOU AS-IS. NO SUCH INFORMATION SHALL BE CONSIDERED AS A RECOMMENDATION AND ANY USE OF SUCH INFORMATION AND/OR ANY DECISION MADE BASED ON IT, IS AT YOUR SOLE DISECRTION AND RISK.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, AND/OR ANY OF ITS REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATIONS ON COMPANY’S, AND ANYONE ON ITS BEHALF, LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
NOTWITHSTANDING THE AFORMENTIONED IN NO EVENT SHALL COMPANY’S OR ANY OF ITS REPRESENTATIVES, LIABLITY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE LOWER OF (I) THE AMOUNTS ACTUALLY PAID TO THE COMPANY BY YOU IN RESPECT OF THE SERVICES WHICH WAS THE CAUSE OF ACTION; OR (II) THE AMOUNT OF DOLLARS ($300).
YOU AGREE THAT IN THE EVENT OF ANY PROBLEM WITH THE APP OR ANY CONTENT OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE APP OR THE CONTENT OR SERVICES.
INDEMNIFICATION
You hereby, irrevocably undertake to defend, hold harmless and indemnify Company and any and all of its Representatives (each "Indemnified Party") from and against any and all damages, losses, claims, actions, penalties, fines and expenses (including but not limited to attorney fees) incurred by any of them in connection with: a) any unauthorized use of the App and/or Services; and/or b) actual or alleged any breach of these Terms; and/or c) actual or alleged violation of any law or regulation; and d) any and all activities under your account, username and/or password.
You will fully cooperate as required by the Company in the defense against any third party's claim and/or actions. The Company reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not in any event settle any claim and/or action without the prior, written consent of the Company.
PRIVACY POLICY
Please read our Privacy Policy to understand how information collected via the App is used. The Privacy Policy is available at: Click Here
MODIFICATION AND TERMINATION OF SERVICES
You may cease using the App and/or Services at any time. Similarly, we may terminate access to the App and/or the Services and/or stop offing the Services at any time upon our sole discretion and without a notice. We reserve the right to change these Terms at any time without notice to you by updating the Terms. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended Terms. If you do not agree with such changes, you can always stop using the App. Upon any termination, these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and indemnification undertaking.
GOVERNING LAW AND JURISDICTION
All matters relating to the App and the Services, shall be governed by the laws of the states of Israel (without respect to its conflict of laws principles). You also agree to submit to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to the use of the App and Services or these Terms must be filed within one (1) year after such claim or cause of action arose.
MISCELLANEOUS
These Terms are entered between you and the Company. Apple, Inc. and/or Google, Inc. are not parties to these Terms and shall have no obligations with respect to the App and/or the Services.
These Terms constitutes the entire agreement between you and the Company in connection with the App and the Services. If any provision in these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms shall remain in full force and effect. Any failure by the Company to enforce or exercise any provision hereunder shall not constitute a waiver of a right or provision. The Company may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and/or obligations under this Terms to any third party whatsoever, without notice and without the need to receive your consent. You may not assign any of your rights, license or obligations under these Terms.
CONTACT US
If you have any questions relating to these Terms or need support of any kind in relation to the App or Services, please contact us at Caesarea@danhotels.com and we will do our best to answer you shortly.