PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CLOSELY BEFORE USING THE SERVICE MOBILE APPLICATION. BY ACCESSING, BROWSING AND USING THIS APP THROUGH ANY PLATFORM, AND/OR ANY SERVICES OFFERED THEREON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO COMPLY WITH THE TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, DO NOT USE THIS APP.
The following terms and conditions apply to all services offered directly or indirectly through our distributors, which are made available via www.theservicehotels.com and/or The Service mobile application (collectively “App”) through any application store platform, whether online, through a mobile device or otherwise (collectively “Services”). The App is owned and operated by Refaeli Hai Ltd. or its assignee and/or its affiliated companies (which are collectively referred herein as “The Service”, "we," "us," "our" and “Company”).
You acknowledge that the App is the copyrighted work of The Service.
All reservations and/or purchases users make through the App are subject to the terms, conditions and notices as they exist at the time the reservation is made.
The terms "you" and "your" refer collectively to the user of the App including any customer booking a reservation and/or purchasing goods or services through the App or indirectly through any of our affiliates who provide services and/or goods. We, and third-party suppliers, reserve the right to change these terms, conditions and notices, and you agree to accept and be bound by such terms, conditions, and notices that are in effect at the time of your use of the App and/or Services.
Subject to the terms herein, The Service hereby grants you (“you” or “User”) a limited, personal, non-exclusive, non-transferable, non sub-licensable right to download the App on mobile device that you own or control (as permitted by the Usage Rules/terms and conditions of the relevant Application Store, and use our Services. For avoidance of doubt, this license is limited to a personal private use and is not intended to permit professional or commercial use of the Application. The term "App" shall include all revisions, improvements, new releases and/or updates and related documentation all to the extent provided by The Service under this Agreement.
You may not: (i) sell, lease, sublicense or distribute the App or any App Content; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to access the App’s source code; (iii) modify, revise, enhance, or alter the App; (iv) except as permitted by The Service you may not copy or allow copies of the App or App Content to be made; (v) place the App onto a server accessible for use by any third party; (vi) represent that you possess any proprietary interest in the Application; (vii) use the App in any illegal manner or for unlawful purposes.
This App provides Services to users who are guests of third party hotels and lodging facilities and/or chains who are working with us (collectively “Hotels”). The Services will enable you among other things to manage your reservations and stay with such Hotels, submit guest requests, obtain and provide relevant information from/to the Hotel that you reserved, purchase goods and services directly from the Hotels or from other third party suppliers (who for the purpose of these Terms will be included in the definition of Hotels) and in some instances to purchase goods and services directly from us.
With respect to purchases and/or reservations which are made directly from Hotels or third party suppliers, separate terms and conditions of such Hotels will apply to such reservations and purchases. You agree to abide by the terms or conditions of purchase imposed by any Hotel with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Hotel's rules and restrictions regarding availability and use of any products or services. You understand that any violation of any such Hotel’s conditions of purchase may result in cancellation of your reservations or purchases, in your being denied access to the Hotel, in your forfeiting any monies paid for such reservations or purchases, and in the Company debiting your account for any costs we incur as a result of such violation. You will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this App, and, without limitation, you will be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on your behalf, whether or not such uses were performed with your consent. You further agree that any claims that you may have arising out of such purchases will only be against such suppliers and not the Company.
This App may offer for sale certain goods and/or services to you directly. Your use of this App, including, but not limited to, purchase of certain goods and services through this App constitutes your agreement with the terms and conditions contained herein. With respect to hotel reservations made directly through this App, they are further subject to the published conditions and rules of the applicable Hotel. A reservation and/or purchases made directly through this App will be subject to the cancellation and return policy of the relevant Hotel. You further agree and acknowledge that your credit card may be charged for the full cost of your reservation upon submitting your reservation request regardless of whether the reservation is used.
With respect to hotel reservation sold through this App, we cannot confirm the price of an item until you complete your order. Separate terms and conditions may apply to your purchase order with respect to the sale, delivery, return or exchange of the goods and services you select.
Despite our best efforts, items or services may be incorrectly priced. If an item's correct price is higher than the stated price, we will, at our discretion, either contact you or cancel your order and notify you of such cancellation.
In order to access features and Services on the App, you will have to create a user account with The Service. When creating your account, you must provide accurate and complete information. It is important that you must keep your account password secure and confidential.
You must notify The Service immediately of any breach of security or unauthorized use of your user account that you become aware of. You agree that you will be solely responsible for all activity that occurs under your user account.
You undertake not to use this App or the information, data or content thereon for any illegal purpose, or for any purpose that is prohibited by these Terms, and you shall not modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, Services, information or software obtained from this App. You warrant that you are at least 18 years old and possess the legal authority to enter into an agreement with us as contemplated in these Terms and to use this App in accordance with the Terms. You agree to be financially liable for all of uses of this App under your account, including the use of your name and credit card account to pay for any products and services purchased at this App by members of your household, including minors living with you. You further warrant that all information supplied by you while using this App is true and accurate.
Content found on the App is owned by The Service and/or by its licensors. The App also contains content owned by Hotels and/or other third party providers.
You understand that certain content, recommendations, opinions, hotel reviews, articles, directories, guides, text, photographs, information, data and any other materials (collectively, "App Content") made available through the App or submitted to the App is made available by third parties and are at the responsibility of the person or entity originating such App Content. The Service disclaims any liability with respect to such App Content.
You are prohibited from using, including, without limitation, copying or making any alteration of or derivative works based upon App Content, for any purpose other than your own personal uses and at all times subject to these Terms.
You are not granted any right and/or license, or ownership including any copyright, trademark and other intellectual property rights to any content, other than as explicitly set forth in these Terms. Any third party trade or service marks present on content are trade or service marks of their respective owners. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of The Service or, where applicable, The Service’s licensors. The Service and its licensors reserve all rights not expressly granted in and to their content.
If applicable and available, Hotels may offer through the App the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the accommodation) to the Hotel during the reservation process by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor.
For certain (non-refundable) rates or special offers, please note that Hotels may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the reservation. Please check the terms and conditions of the Hotel and room details thoroughly for any such conditions prior to making your reservation.
Service fee, if applicable, varies based on the amount and location of your reservation and citizenship of the user. Any taxes shall be charged as required under applicable laws and regulations and in accordance with the Hotel's policy.
The App Content contains reviews of travel destinations, and ratings of Hotels and/or services provided by the Hotels or related service providers. Nevertheless, we recommend that Users would undertake their own research to be satisfied that a specific destination, service and/or Hotel are suitable for their needs. Although we use efforts to provide up-to-date information, you acknowledge that Company is not liable for the accuracy or completeness of any information, recommendations and/or reviews.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Our App contains links (including APIs, iFrame and other means) to applications and websites operated by the Hotels or other third parties. Those links are provided to you for your reference and convenience only. This may include third-parties suppliers, tour guides, travel and advertisers working on their behalf, sometimes use technology to send or serve the advertisements that appear on our App directly to you. We do not own or control the content of those third party websites or applications and are not responsible for their content or your use of them. We do not endorse the content of any of those third party websites and applications.
You communicate with us electronically whenever you visit our App or send emails to us. You consent to receive communications from us electronically. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirements that communications be in writing.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THIS APP. IN PARTICULAR, WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE HOTEL PHOTOGRAPHS, HOTEL PROPERTY DESCRIPTIONS, AND LISTS OF HOTEL PROPERTY AMENITIES DISPLAYED ON THIS APP, MOST OF WHICH IS PROVIDED TO US BY THE HOTEL PROPERTIES. HOTEL RATINGS DISPLAYED ON THIS APP ARE INTENDED ONLY AS GENERAL GUIDELINES, AND THE COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS APP AT ANY TIME. ALTHOUGH THE APP CONTENT MAY BE UPDATED FROM TIME TO TIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY. THEREFORE, SOME OF THE INFORMATION ON THE APP MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SERVICE DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF APP CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE.
THE APP CONTAINS OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES. THE SERVICE DOES NOT REPRESENT, ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF SUCH APP CONTENT POSTED BY SUCH THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY SUCH THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE APP AT YOUR OWN DISCRETION AND RISK AND ANY RELIANCE ON APP CONTENT POSTED BY THIRD PARTIES WILL BE AT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. CHANGES ARE PERIODICALLY MADE TO THE APP AND MAY BE MADE AT ANY TIME.
THE SERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS APP FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS APP DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE COMPANY OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH NO FAULTS" BASIS AND THE SERVICE MAKES NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO ANY OF THEM. THE SERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES THROUGH THE APP ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANY OR ITS AFFILIATES.
THE SERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE SERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF TERRORISM, SICKNESS OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE SERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS APP OR WITH THE DELAY OR INABILITY TO USE THIS APP, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS APP, OR OTHERWISE ARISING OUT OF THE USE OF THIS APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE SERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE SERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE APP.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend and indemnify The Service, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by: (i) you or on your behalf in excess of the liability described above; or (ii) by third parties as a result of (a) your breach of this agreement or the documents referenced herein, (b) your violation of any law or the rights of a third party, or (c) your use of this App.
We and not Apple, are solely responsible for the App and the content thereof.
You acknowledge that you must comply with the Usage Rules set forth for Licensed Applications in the App Store Terms of Service.
The license granted herein for the App is limited to a non-transferable license to use the App on any iPhone or iPod touch that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App
In the event of any failure of the App to conform to any applicable warranty, the end-user may notify Apple, and Apple may refund the purchase price (if any) for the App to that end-user.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE OUR SOLE RESPONSIBILITY, SUBJECT TO THE TERMS HEREIN.
Apple is not responsible for any claims of the end-users or any third party relating to the App the end-user’s possession and/or use thereof, including any third party's claims that the App infringes a third party's intellectual property rights. For any such claims you must contact us and we will address such issues in accordance with these Terms.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple, and Apple’s subsidiaries, are third party beneficiaries of the end user license granted herein, and Apple will have the right to enforce the license terms against the end-users as a third party beneficiary thereof.
By using the App, booking a reservation and/or purchasing goods or services through this App, you agree that the internal laws of Israel without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises between you and the Company or its affiliates. You hereby agree that any dispute arising from or relating to the use of this App, hotel reservations and/or purchasing goods or services made through us may, if not amicably resolved, be submitted to the courts of competent jurisdiction in Tel Aviv, Israel. Use of this App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, but not limited, to this paragraph. We reserve the right to comply with law enforcement requests or requirements relating to your use of this App or information provided to or gathered by the Company and its affiliates with respect to your use of this App.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Service as a result of these Terms or use of the App.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the other provisions of these Terms will remain in full force and effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the Company and its affiliates with respect to this App and any Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company and its affiliates with respect to this App and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. The Service may assign its rights under these terms and conditions to any party at its sole discretion. These terms and conditions shall inure to the benefit of The Service, its successors and assigns.
Any rights not expressly granted herein are reserved.
We reserve the right to change the terms, conditions, and notices under which this App are offered with or without notice. We will update the date set forth above as we update the Terms. Please review these Terms from time to time. Your continued use of the App following any change of these Terms will constitute your acceptance of the updated Terms. You agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of our App and Services.
By You. You may discontinue your participation in and access to the App, and terminate your account at any time. These terms and conditions will continue to apply to all past use of the App by you, even if you are no longer using them. In the event of Termination by you, you acknowledge that The Service may but is not obligated to retain archived copies of your account information.
By Us. We reserve the right, in our sole and absolute discretion to restrict, suspend, or terminate your use of and access to all or any part of our App and/or Services at any time and for any or no reason, with or without prior notice, and without liability.
You agree that The Service will not be liable to you or any third party for any such termination. Without limiting the generality of the foregoing, The Service does not permit copyright infringing activities on the Services and reserves the right to terminate access to the Services and remove any content submitted by any persons who are found to be repeat infringers. Any actual or suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but we, our affiliates and/or our suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise the user to consult a qualified professional to verify the accuracy of the currency rates. We, our affiliates and/or our suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Service is a trademark and/or service mark of The Service. You agree not to display or use in any manner any marks of The Service without The Service’s express prior permission. All The Service Content is copyrighted. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.
You may contact us at [firstname.lastname@example.org]