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Terms and Conditions – Port Inn Website

Welcome to the Port Inn website. The website is managed and operated by Port Inn ltd. (henceforth: “the Website Management” or “the Company”). The usage of the website and the services of the Company are subject to the specified in this document. Please read the terms and conditions for using this website (henceforth: “the Terms and Conditions”). Entering the website and using it is a testimony to your agreement to the Terms and Conditions specified below, including everything connected to receiving services from the Company.

The Terms and Conditions apply to the website appearing under the domain name: www.portinn.net as well as any website operated by the Company or its official representatives.

Anywhere in these Terms and Conditions where the term “Surfer” or “User” or “Visitor” is used, the meaning is a person or a group of people who declare that they are 18 years of age or older who are using the website via the internet, including via cellular communication and/or are using the services of the Company, including via the accommodation services it provides.

Some of the pages on this website may include additional terms and/or conditions, specifically relating to that page or service. The use of these pages and services is subject both to these Terms and Conditions and to the individual agreements that appear within them.

In this document “The Company” is including its workers, managers, owners, dispatches and those working on its behalf or with its name.

In any place where there might be a contradiction between what is written in these Terms and Conditions and what is written in any other publications, the parties will consider this document of Terms and Conditions as the valid one.

The Company Management will be permitted to change the Terms and Conditions from time to time with no need to announce it and this is relating to future transactions only. The Users are responsible to keep up to date with changes.

The Information Appearing on the Website

1. Port Inn is a commercial website specializing in giving and offering accommodation services that is operating on the internet. The Website Management has the absolute discretion to decide which content will appear on the website, the amount of time it will appear on the website, the location and design and any other thing that is relating to the appearance of the content on the website.

2. The Website Management will not be held responsible for any damage, direct or indirect, monetary or otherwise, that might be caused to anyone as a result of using and/or relying on the services and data appearing on the website or on the information and content appearing on it, except in case where there was damage caused following negligence by the Company.

3. For the avoidance of doubt, it is hereby clarified that the content appearing on the website is subject to the discretion of the Website Management only.

4. The Website Management will not be held responsible for information and content published on the Port Inn Website by third parties or for any result that might be caused by relying on them and/or using them, as long as the Website Management has no reasonable basis to assume that the information published by third parties, including commercials, includes content that is not reliable and/or misleads the public.

5. Information published on the internet should be considered carefully and critically, and this includes the information published on the Port Inn Website, including every page of the Website. The Website Management will not be held responsible for its credibility, authenticity, accuracy or completeness. Any information appearing on the website be it is professional or any other sort of information, is not a substitute for a consult with the appropriate professionals, where such a consult is needed, and/or checking the published content.

Privacy Protection

6. The information given by the Users to the Port Inn Website will normally be hidden from the general public of internet users. Nevertheless, one should be extremely careful when giving out personal details (such as address or phone number and/or credit card details) and in comments and applications following the use of the Port Inn Website or following the publishing of personal details.

7. The Website Management is obligated to the Users in regard to keeping secret their names and details, including the details of their payment methods and their email.

8. Despite of the mentioned above, the Website Management will not be held responsible for damage of any kind, direct or indirect, that might be caused to a User or any other element, in case the information reaches a hostile body and/or be used without leave be it purposefully or out of negligence. Despite what is said in this clause, let it be clear that the Website Management is taking measures in order to keep the privacy of the Company’s clients, including everything that has to do with their private information.

9. While you register to the Port Inn Website and/or after you forward your details to the Website Management, you will be asked to authorize the Website Management to add you to the mailing list of the Website’s clients, according to the conditions in correction 40 to the Telecommunication Law. Your agreement as mentioned above to be part of the mailing list of the website will be considered as willing consent for all intents and purposes and can be used as evidence in any procedure.

10. The Website Management is obligated to the Users not to forward their personal details to a third party, except in a situation where there is a failure that is hurting or might hurt the company and/or any third parties, including the Port Inn costumers or in the case that the Port Inn services are being used to commit an illegal act or in case of breaking the terms of this agreement or in case of a court order and/or a decision of an authorized Israeli court that directs the Website Management to provide the User details.

11. In addition, the Website Management will be allowed to reveal the User’s details in any case of a disagreement or legal proceedings between the Website Management and the User and this is for the purpose of the proceedings only.

12. Without subtracting from the said above, all the details that are provided by the Website Users and the Company costumers that do not fall under the category of private details will be permitted to use, copy, distribute, public act, authorize for third parties, publish or translate and the User herby concedes any complaint about this information that is published on the Website.

Making a Reservation on the Website

13. The Port Inn Website operates a reservation center to receive accommodation services (henceforth: “the Reservation”).

14. The process of making a reservation through the website is as follows:

a. Using the Website system the User will define the desired arrival date and the desired departure date.

b. Using the Website system the User will define the type of room he/she would like to stay in.

c. The User will supply the Website system with the number of guests wishing to be accommodated.

d. The User will fill in the necessary details in the details form.

e. After the details are filled into the form, the reservation will be forwarded to the Website Management for confirmation and authentication of the provided details.

f. If the reservation is confirmed, the User will be notified via an email message with a confirmation for the reservation.

15. For the avoidance of doubt, it is hereby clarified that only an email message with a confirmation letter as mentioned above qualifies as a confirmation for a reservation made by the costumer.

16. Any changes in the details of the reservation will be made in writing only by contacting the Website Management via a contact form that appears on the Website.

Using the Company’s Services

17. When the guest arrives to receive the accommodation services as were reserved on the Website, the guest will go through a reception process called check in (henceforth: “Check In”).

18. During the reception process the guest will be required to pay the full value of the reservation using payment methods as detailed in these Terms and Conditions.

19. It is hereby clarified that the Check In process starts from 12:30 in the afternoon and continues until 23:00 at night on the day set for arrival. A Check In process at a later hour or a postponed time will be done following prior coordination with and confirmation of the Website Management.

20. If during the Check In process the number of people arriving for the reservation is different from the number of people for whom the reservation was made using the Website system, the Company will do the following:

a. If the total number of guests who arrive is less than the number of guests appearing in the reservation, the difference for the reservation that wasn’t actualized will be charged.

b. Alternatively, if the total amount of the guests arriving exceeds the number of guests reserved for, additional fees for the additional guests will be charged. It is hereby clarified that the Company Management is not obligated to provide accommodation services to guests for whom there was no reservation made in advance through the reservation center as described above.

21. When the stay in the framework of the accommodation services provided by the Company is over, the guest will go through a departure process called check out (henceforth: “Check Out”).

22. The Check Out process will be done no later than 11:00 in the morning on the day designated as the ending day of the stay.

23. During the Check Out process the Company will charge from the reservation maker the remaining payment for services that were provided for the guest and were not charged during the Check In process.

24. The Company will charge the difference using the payment method provided by the reservation maker including a deposit.

25. After finishing the Check Out process the reservation maker will be allowed to use the lounge services, the computer room and the public sitting areas.

26. In addition, the Company is allowed (but is not obligated) to provide without compensation a baggage storage service until the closing time of the Port Inn on the Check Out day (23:00 at night).

27. For the avoidance of doubt, it is hereby clarified that a guest that went through the Check Out process is not allowed to use the accommodation rooms.

28. In case of an argument and/or a disagreement between the Website Management and the User regarding using the accommodation services including everything to do with payment, the data listed in the Website Management’s database on the servers will be evidence for resolving the argument and will be evidence in any legal proceedings between the parties.

Cancellation of Reservation by the Company

29. The Company Management reserves the right to cancel a guest’s reservation without any explanation or reason including the right to not confirm a reservation request.

30. Without detracting from the said above, the Company Management reserves the right to cancel a confirmed reservation for one of the following reasons:

a. In case it becomes clear to the Company Management that while making the reservation partial or wrong information was given regarding the details of the reservation maker.

b. In case the Company Management has reason to assume that accommodating the reservation maker will hinder the proper conduct of the Company’s business, the safety of the guests or the good name and reputation of the Company.

c. If the Company Management has reason to assume that payment for the accommodation services will not be honored or paid off.

31. Without detracting from the abovementioned, the Company Management reserves the right to request additional details according to its judgment further to the details that were given while making the reservation, before the reservation is confirmed.

The Value

32. Against making the reservation in the reservation center, the reservation maker will be charged with the value as detailed in the reservation details.

33. The Company reserves the right to not charge the reservation maker with the total of the value until the Check In process.

34. In the case that the reservation maker is not charged before the Check In process, the Company will save the payment details as they were provided while making the reservation as guarantee of payment. In addition or alternatively, the Company will be allowed to demand from the reservation maker a guarantee for payment by providing cash deposit to the Company’s bank account to guarantee the payment for the provided services.

35. The Company Management reserves the right to occasionally update the rates appearing on the website and it is the responsibility of the reservation maker to check the rates of the service before making the reservation.

36. The Company Management reserves the right to change the rates of the accommodation and/or the payment conditions in any case changes are made to the reservation including changes in dates, duration of stay and number of reserved rooms.

37. For the avoidance of doubt it is hereby clarified that children under the age of two will not be charged for accommodation. The Company Management reserves the right to demand from a guest including the legal guardians of the child identification to prove the child’s age. Children over the age of two will be charged the full rate of an adult.

38. The Company Management will charge payment using cash payment and recognized debit/credit cards only and this is according to its discretion and publications only.

39. In the case payment is made in cash using US dollars and/or Euros only the calculation of value will be done according to the exchange rate of that day (the bank rate for purchase) as published by the Leumi Bank of Israel.

40. It is hereby clarified that all the rates appearing on the website do not include VAT.

41. Exemption from VAT payment for a transaction made by the Company will only be allowed against the presentation of a valid foreign passport.

Payment and Providing Billing Information

42. Reserving accommodation services using the Website requires payment according to the details appearing on the Website.

43. While making the reservation the User will need to provide their billing information / credit card details. Providing these details will constitute the User’s agreement to charge the credit card whose details were provided during the reservation process for an amount equal to the item and/or service the User has purchased.

44. By accepting this agreement the User states his/her intent that the Website Management use the billing information provided for the purpose of purchasing the items.

45. The Website Management is taking the most advanced precautions in order to keep confidential the information that is transferred by the Users. The transactions on the Website are secured with the advanced SSL information security technology.

46. The information regarding the User’s billing information is encrypted and secured. All the purchases made by Users on the Website are subject to the confirmation of the credit card companies and/or other communication companies.

47. The Company Management has the absolute discretion to avoid any transaction in case of a suspicion regarding the identity of the purchaser and/or the payment method and the Website Management reserves the right to forward any identifying detail to the enforcement authorities in case of an abovementioned suspicion.

Cancelling a Transaction

48. By registering to this Website you hereby declare that you will not be permitted to request a cancellation of a credit card charge unless it is according to the clearly stated in the Credit Card Law of 1986.

49. In addition, there will be no possibility to cancel a transaction unless it’s following the instructions of the Costumer Protection Law of 1981 as follows:

a. Cancelling a transaction will be done within 14 days from the day the reservation is made.

b. A notice of cancellation will be delivered via fax/email/post.

50. Subject to the stated in the Costumer Protection Law of 1981, a cancellation of a reservation done at least 7 days prior to the arrival date will not be charged by the Company with a cancellation fee.

51. In the case of a cancellation of a reservation done within 7 days from the designated arrival date or less, the Company Management will charge a cancellation fee equal to the payment for the first night of the reservation as it was registered in the Company’s system.

52. In the case of a cancellation of a reservation of three rooms or more that were booked in advance, a cancellation fee will not be charged if the cancellation notice is forwarded to the Company Management no less than 30 days prior to the designated arrival date. If the cancellation notice is forwarded to the Company 30 days from the designated arrival date or less, the Company Management will charge a cancellation fee equal to the payment for the first night of the reservation as it was registered in the Company’s system. If the cancellation notice is forwarded to the Company within 7 days from the designated arrival date or less, the Company Management will charge the agreed upon cancellation fee equaling the total value of the reservation as it was received on the Company’s system (henceforth: “Full Cancellation Fee”).

53. A cancellation of a reservation as mentioned in the clause will be done in writing only and confirmed via message by the Company Management. The parties will consider a cancellation message that was not confirmed as accepted in the Company’s offices as a confirmation message that was not received at all.

54. It is hereby clarified and agreed by the parties that in case of a no-show on the designated arrival date without a prior cancellation notice being forwarded and confirmed as detailed in this clause, the Company Management will charge the Full Cancellation Fee.

55. The abovementioned Full Cancellation Fee will be charged by the Company including in cases of guests suddenly leaving for any reason, including but not limited to a security even and/or war and/or an act of God.

56. It is hereby clarified that the Full Cancellation Fee constitutes an agreed upon compensation for any damage to the Company caused by the cancellation of a reservation and/or the no-show that are not covered in the cases that credit a full refund as detailed in this clause.

Prohibition of Website Usage

The Website Management insists that the Users of the Website are hereby obligated:

57. To use the services in accordance with the Terms and Conditions and following the operating guide and the instructions given from time to time by the Website Management.

58. To not penetrate material and/or computer files illegally and/or transfer computer programs, computer code or applications that include a computer virus, including malware known as Trojans, Worms, Vandals, Malicious Application etc., to other computer and/or use or disturb other computers.

59. To not include passwords, usernames and other details, that allow using computer programs, digital files, internet website or services requiring registration or payment, without payment or registration as mentioned.

60. To not use a program or an action that can cause infringement of privacy and/or copyright infringement, trademark infringement, samples, patents and any other infringement of any rights of third parties, commercial torts and/or contractual rights violations and/or duty of trust to others and/or any other violation of any law.

61. To avoid flooding forums and/or blogs with idle posts.

62. To not use content that transmits Spam or a mass delivery of email messages. In addition, to not include contents that touch upon, directly or indirectly, radio/mobile phone service and/or peripherals and/or any type of service given or that will be given directly or indirectly by any of the radio/mobile phone/peripherals operators, unless it was previously approved in writing by the operator.

63. To not use crude or coarse language, that may insult or hurt other Users on the Website.

64. To not bother Users in the forum, chat or blog, to not hurt Users and to not break the law in any other way.

65. To not upload to the Website including its forum illegal material, or material that encourages, supports, helps, provides instructions for or guides to committing an act that constitutes a criminal offense or that might hurt a person or a group of people.

66. To not include any material that constitutes slander of other people.

67. To avoid publishing material that is prohibited by law.

68. To not incite to racism, hurting a human being, murder or law breaking.

69. To not publish personal information of Users or their phone numbers.

70. To not do commercial advertising using forums or blogs on the website.

71. To use the services in accordance with the Terms and Conditions and following the operating guide and the instructions given from time to time by the Website Management.

72. To not send email in a way that evokes complaints from the receivers.

73. To not include any material that has to do with minors and identifies them, their personal details, their address and ways to communicate with them.

74. To not include any material that could mislead a consumer or a User of the Website.

75. To not point to any page or link to material that this document prohibits its publishing.

Commercials

76. Port Inn is a website that may include commercial information, provided for advertising by various advertisers. This information could appear in the form of text, video, photographs or audio.

77. Publishing commercial or advertising information does not constitute as a recommendation or encouragement to purchase the services, the assets or the products offered on sale including the Company’s products.

78. The Website Management will not hold any responsibility for the content of the commercial information or the publications published on the Port Inn Website. The Website Management is not responsible for the content of these publications or their authenticity. The sole responsibility for the content of the publications and commercial information is held by the publishers.

79. Any transaction made following an advertisement or information published on the Port Inn Website by a third party will be done directly between the publisher and the purchaser involved. The Website Management will not be a party to any such transaction, and will not be held responsible for the services and products offered in the commercials and advertisements published on the Port Inn Website or purchased with their help.

Access to the Port Inn Website

80. The Website Management reserves the right to restrict the access to some of the services and sections of the Website to registered Website Users and using these services and sections will be conditioned with providing a username and/or email address and/or password. The Website Management will hold the absolute discretion to decide which services and sections will require such registration.

81. In the case the Website Management acts as mentioned in the previous section, the username, email address and access password will be personal and cannot/are not permitted to be transferred to a different person.

82. The Website Management will be permitted to add or change from time to time the access rules to the sections and services that require a username, an email address and a password, or condition access to them with confirming conditions according to the Website Management’s discretion.

83. The Website Management reserves the right to charge payment for the services it provides.

84. The User of the Website is responsible to check before he/she register for the website the hardware they are using and whether it is fitting with the Website requirements.

85. The Website Management will not hold any responsibility for access difficulties or using difficulties a User may experience due to a failure in their peripherals.

Links

86. The Website Management does not guarantee that all the links appearing on the Port Inn Website will be functional and lead to operating internet sites. The Website Management is allowed to remove from the Port Inn Website links that were included in the Website before, or to avoid adding new links, all according to its absolute discretion. The fact that a link to a certain webpage appears on the Port Inn Website does not constitute a confirmation that the information on that website is full, reliable, updated or trustworthy.

87. The Port Inn Website will not be held responsible for the content of websites linked to and to the information published on them or for any other detail to do with them and will not be held responsible for any direct or indirect damage that may be caused as a result of using or relying on the information appearing on those websites.

Intellectual Property

88. All the copyright and the intellectual property on the Port Inn Website including the video clips, the photos, the name and the trademarks of the Port Inn and the design of the website including the content published in it by the Website Management or on its behalf and within any program, application, computer code, graphic file, photo, text and any other material existing on the Website belong to the Website Management only.

89. All the media appearing on the Port Inn Website was developed by the Website Management and the Website Management is the intellectual property owner of this content unless it is clearly stated otherwise.

90. The Website User receives a limited and allocated usage permission to use the content of the Website while surfing the Website only.

91. In addition it is hereby clarified that this usage permission is personal and cannot be transferred.

92. The usage permission is allocated to the User according to the purchase and/or usage conditions detailed on the Website.

93. By confirming this agreement the User states that using any of the Website content will be done for personal use only and the User will not do any commercial use with the content appearing on the Website.

94. Using for this matter includes copying the content and distributing it for commercial, marketing or profit-making use.

95. The Port Inn Website may have other content, published by an agreement between the Website Management and a third party. The copyright of this content belongs to the third party and/or the Website Management according to the agreement by the parties.

96. Copying, photocopying, distributing, marketing or handing out to the public of these contents or any part of them without receiving an express written permission in advance of the copyright owner is prohibited. Without the confirmation of the copyright owner no changes to the Website like reproduction, copying, scanning, publishing, showing in public and/or transmitting the information appearing on the Website via mail, fax, email, internet or other digital means be it for compensation or without compensation is prohibited. Using and/or publishing the information appearing on the Website, in other websites and/or in any place and/or other media is absolutely prohibited. In addition, it is absolutely prohibited to make any development and/or change and/or translation and/or transformation of the information published on the system and/or based upon it.

97. The trademarks and the advertisements of the publishers on the Website are the property of these publishers only and/or the property of the Website Management.

98. In any case of transmission of information due to be published in the Port Inn Website the transmission itself will be considered as proof that the transmitter is the copyright owner and that they have the right to transmit the information for publication. The transmission of the information for publication act in itself gives the Website Management a free, worldwide and unlimited by time license to copy, photocopy, distribute, market, hand out to the public and use said information according to its discretion on the Website and on any other website of the Website Management that might be added to the Port Inn and on any other or additional publication of the Website Management on any kind of media.

Website Management Responsibility

99. The services and information given on the Port Inn Website are available to us as is. They cannot be adjusted to the unique and personal needs of every person. The Users of the Website will have no complaint, claim or demand towards the Website Management for the content and characteristics of the information and services, their abilities, restrictions and suitability to individual needs.

100. The Website Management does not guarantee that the details provided on the Port Inn Website by third parties will be full, correct or accurate. The Website Management cannot examine the truth of the information given. The Website Management will not hold any responsibility for any result that occurs from information published on the Port Inn Website by third parties as long as the Website Management has taken reasonable measures to verify the information uploaded by third parties.

101. The Website Management does not guarantee that the Port Inn Website services will not be disturbed, will be given as usual or without interruptions, will be carried out safely and without mistakes, and will be immune to unauthorized access to the Website computers or the User computers, or to damages, breakdowns or failures in hardware, software, communication lines and systems, at the Website Management or any of its suppliers.

Access Block

102. The Website Management is permitted to prevent any User from using any of the Website activities, all according to its absolute discretion and without any prior notice.

103. The Website Management will do so if it is brought to its attention that conditions detailed in this document have been broken or if an act or an oversight that is against the law or might hurt the Website’s conduct, its Users, the Website Management or any working on its behalf, is brought to its attention, as well as from any other reason the Website Management sees fit according to its absolute discretion.

104. The instructions of this article do not detract from the rights of the Website Management according to the law and according to other instructions in these Terms and Conditions and in other online conditions on the Website.

Compensation

105. Any Website User is obligated to compensate the Website Management for any damage, loss, profit loss, payment or expense that will be caused to it including lawyer wages and legal expenses following breaking these Terms and Conditions and/or following using the Website not according to the Terms and Conditions.

Technical Support

106. The Website Management is not obligated to provide any sort of technical support regarding using the Website. The Website Manager will make an effort to help resolve technical issues that have to do with using the Website according to applications received via email only and/or via other communication methods as published from time to time on the Website.

107. The Website Management will not be obligated to provide any sort of professional support and/or consulting regarding the products appearing on the Website and this matter is the sole responsibility of the User.

Deleting Information

108. The Website Management will be allowed to delete any material it previously published, according to its absolute discretion.

109. Any content or information as mentioned may be deleted after a fixed amount of time. The Website Management is not obligated that information and/or advertisements on the Website that appear at a certain point in time will continue to appear on the Website in the future.

110. The Website Management may continue and publish information, even if it was previously deleted from the Website.

Changes to the Website and End of Service

111. The Website Management reserves the right to change from time to time the structure of the Website including its services, design, scope and the availability of the services it provides and any other aspect they include, all without the necessity to inform of this in advance. Such changes will be done, among other reasons, following the dynamic nature of the internet and the technological and other changes undergoing.

112. The Users will have no complaint, claim and/or demand towards the Website Management for making such changes and/or hitches that happen following the changes. It is hereby clarified that making changes does not constitute any sort of relief and/or change in the communication relationship between the Website Management and the User according to these Terms and Conditions.

113. Some of the services on the Port Inn Website are currently given without charge. The Website Management is allowed to cease at any point in time providing these services, all of them or some of them. The Website Management will publish on the Port Inn Website a notice about the cessation of services if it is decided. With the cessation of services the Website Management will be permitted to remove the material appearing on the Port Inn Website without any further notice.

114. The Website Management will put any effort into making sure that the Website is working regularly, however disturbances in the internet network that have nothing to do with the Port Inn Website might occur and the Website Management has no responsibility for them.

Law

115. Using the Website and the Company services is subject to the Israeli Law only.

116. The sole judgment venue for any subject arising from this agreement or from the Website and/or from using the Company’s services is the Haifa County Courts only.

117. Your usage of the Website is taken as evidence that you accept the jurisdiction as it appears in this agreement and you accept the definition of the jurisdiction area as it appears above.

118. If the Company transfers its right to the Website, or parts of them, to a third party, the Company will also be allowed to assign its rights – all or some of them, according to these Terms and Conditions.

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