Last Revised: December 21, 2011
HomeHotel Online Ltd and its affiliates (“Company”, “we” or "us") welcomes you to Global HomeHotel, an online social platform available at http://www.GlobalHomeHotel.com (hereinafter, “GHH”), allowing people to search, book and reserve online suitable places to stay on their vacation and enabling other users to post their apartments, houses or rooms for such rent. Each of GHH's users, whether hosts or accommodation seekers (“User” or “you”) is invited to use and enjoy GHH in accordance with the terms and conditions hereunder. Terms which apply only to Hosts or only to Travelers, will be indicated specifically as referred to them respectively.
1. Acceptance of the Terms
The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date which appears at the top of the Terms and to review the Terms from time to time. You can review the most current version of the Terms at any time at: http://globalhomehotel.com/page/Terms-of-use/
By surfing, logging or connecting to, accessing or using GHH, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Company and any person connecting to, accessing or using GHH.
2. What is GHH?
GHH is an online technological and social marketplace designed to bring together Users that are looking for a place that is suitable and compatible with all their requirements or needs, to stay during their vacation or business trip around the world ("Traveler"); or, on the other hand, owners or hosts ("Hosts") that post their apartments, rooms, accommodations, hotels, motels or any other property ("Property") they own or legally permitted by the rightful owners to offer for rent to others, as Hosts publish in their respective posts ("Posts") over GHH (the "Service").
Any Transaction made through the Service is between Host and Traveler only and GHH is not a part thereto in any circumstances not it operates as a real estate broker. The Posts on the site are uploaded by Hosts only. Therefore, their availability, description and the prices included therein are in the sole responsibility of such Hosts alone. GHH does not hold any responsibility to these Posts, or to your satisfaction with your stay in the Reserved Property and the services provided by Hosts. Users are recommended to carefully and thoroughly examine and check with the respective Hosts all necessary details prior to any booking online!
3. Registration on GHH and Personal Profile
In order to register on GHH and enjoy the Service we provide, all you need is to fill a registration form available online, by clicking the "Register for this site" button and providing your personal details such as full name, active email address, username and password, with which you will be able to login each time as a User on GHH, whether you are using the Service as a Traveler or Host. You agree to not disclose your username and password to any third party.
By clicking the "Register" button you affirm that you are 18 years of age or older and that you accept the Terms. If you are under 18 years of age you may not use the Service on behalf of yourself or any other person or entity, and you must not provide GHH with any of your personal details.
When registering on GHH you must provide the Company only with true, accurate and complete information. Otherwise, we will not be able to provide you with the Service and to contact you when necessary.
Note that either as a Host or as a Traveler, you will be able to edit your personal profile information at any point, adding or removing any information as you see fit. Note that part of the information included in your profile is public and therefore visible to other Users over GHH. Therefore, to protect your privacy, please avoid from disclosing any personally identifiable information.
4. Reservation and Billing Arrangements for Travelers
As a registered User, each Traveler is welcome to make an online reservation of any registered Property posted on GHH ("Reservation"). After placing your Reservation online, the Company will first wait to receive a credit card confirmation, according to the details you provided online within the Reservation process, plus a confirmation by the Host of the Property you made a certain Reservation at. Once such confirmation is received, the Company will notify you, by email or by phone for the confirmation of your Reservation ("Reservation Confirmation") and then will charge you for the full rental amount, plus a Reservation Fee of 10% from the Reservation Amount ("Reservation Amount"). The Reservation Amount will be kept faithfully by GHH and in compliance with any applicable law, and will only be transferred to the respective Host 24 hours following your arrival to your Reserved Property and provided that no cancellation notification was made by you before that day (note this will ensure your check-in to your Reserved Property as posted on GHH).
Check-in and Check-out times are as set by each Host's policy with respect to each Property. All Reservations are subject to the Hosts' cancellation policy, as set in their respective Posts.
5. Cancellation of Reservation
As mentioned, all Reservations are subject to the respective Hosts' cancellation policies, as stated in their Posts on GHH. Hosts may charge fees for cancellation of Reservations made to their Properties ("Cancellation Fees"). There are 4 types of cancellation policies practiced by Hosts: "Chilled-out", "Firm, but friendly", "Serious business" and "No Cancellation Fees what so ever".
Hosts, who carry out a "Chilled-out" policy, shall charge the Traveler with Cancellation Fees as following:
• If the Reservation is cancelled in less than 14 days prior to Traveler's arrival date, the Cancellation Fee shall be 20% of the Reservation Amount.
• If the Reservation is cancelled less than 2 days prior to the Reservation Check-in date, the Cancellation Fee shall be 50% of the Reservation Amount.
Hosts, who carry out a "Firm, but friendly" policy, shall charge the Traveler with Cancellation Fees as following:
• If the Reservation is cancelled in 14 days or more prior to Traveler's arrival date, the Cancellation Fee shall be 10% of the Reservation Amount.
• If the Reservation is cancelled in less than 14 days prior to Traveler's arrival date, the Cancellation Fee shall be 30% of the Reservation Amount.
• If the Reservation is cancelled by Traveler less than 2 days before the arrival date, the Cancellation Fee shall be 60% of the Reservation Amount.
Hosts, who carry out a "Serious business" policy, shall charge the Traveler with Cancellation Fees as following:
• If the Reservation is cancelled in 14 days or more prior to Traveler's arrival date, the Cancellation Fee shall be 20% of the Reservation Amount.
• If the Reservation is cancelled in less than 14 days prior to Traveler's arrival date, the Cancellation Fee shall be 40% of the Reservation Amount.
• If the Reservation is cancelled by Traveler less than 2 days before the arrival date, the Cancellation Fee shall be 70% of the Reservation Amount.
Hosts may also practice "No Cancellation Fees What So Ever" policy in which no Cancellation Fee will be charged.
Note that in addition to abovementioned policies, GHH will always charge a fixed price of $35 for any cancelation of Reservation, regardless of when the cancellation was made.
The Company will credit you in the amount of the balance remained after subtracting the Cancellation Fee from the Reservation Amount Traveler has already paid.
All Travelers should contact GHH immediately upon any cancelation by email or phone, as set in chapter 26 below, and wait to get GHH's confirmation for their cancellation. The Company reserves the right to cancel a Reservation any time upon returning full refund of Reservation Amount to Traveler.
6. Fees and Payments
In order to make an online Reservation at GHH, you will be requested to provide the Company with additional personal information, such as credit card details including credit number, expiration date and security number CCV which is appears on the back of your card, bank account details, home address, phone number, etc. Note that we will not disclose any of your personal information to others, except for your name in order to place your Reservation with Host and to provide you with the Service.
The current rates and payment terms are available on GHH's fee schedule. Hosts are required to post prices including taxes within their Posts on GHH for Reservation of their Property; as such Reservation may be subject to taxation, as required or ordered by the applicable Tax law in the country in which Hosts and their respective Property reside. Hosts are hereby required to pay any and all local taxes [such as VAT, surcharges, sales taxes, goods and services taxes, etc.] incurred with Reservations made of their respective Properties via GHH and they represent and warrant that they will pay such taxes in time and in compliance with the applicable Tax law. Note that failing to pay such taxes, as ordered by local Tax law, may prevent such Hosts from continuing publishing their Properties and Posts over GHH.
You, a Traveler, represent and warrant that you will pay to your Host all fees and taxes incurred with your Reservation in a timely manner and in compliance with GHH's fee schedule. Failing to settle your payments including any taxes incurred with your Reservation, will prevent you from executing your Reservation with GHH and from further using GHH. Notwithstanding the above, Company shall reserve the right to withhold taxes and obtain any other remedies available by law.
The Company may, at any time and at our sole discretion, convert a free of charge service to a fee-based service, and change rates and payment terms. All fees are quoted in U.S. Dollars, unless expressly stated otherwise. Any changes in GHH's fee schedule will take effect immediately after being posted on GHH.
9. Use Restrictions
There are certain conducts which are strictly prohibited on GHH. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to GHH and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
• Use GHH for any illegal, unlawful or unauthorized purposes;
• Use GHH in any form of spam, unsolicited mail or similar conduct.
• Allow access to your account to anyone other than yourself, including, without limitation, any persons who are under the age of 18. You accept full responsibility for any unauthorized use of the Service on your behalf, including by minors;
• Use GHH for non-personal or commercial purposes without Company’s express prior written consent;
• Interfere with or violate other Users' rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access GHH and retrieve, index and/or data-mine any information;
• Interfere with or disrupt the operation of GHH or the servers or networks that host GHH, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
• Post, publish, or otherwise make available through GHH any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
• Impersonate any person or entity or provide false information on GHH, whether directly or indirectly;
• Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about GHH;
• As a Host, provide falsely or inaccurate information with respect to the Property you offer through the Service for Travelers, including, but not limited to any representation you make with respect to the ownership of the Property or with respect to any characteristics of the Property.
• Transmit, distribute, display or otherwise make available through or in connection with GHH any content, including User Generated Content [please add hyperlink to section 11], which may infringe third party rights, including Intellectual Property [please add hyperlink to section 10] rights and privacy rights, or which may contain any unlawful content;
• Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure;
• Bypass any measures we may use to prevent or restrict access to GHH;
• Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of GHH in any way;
• Create a browser, frame, border environment or GUI around GHH;
• Link, including in-line linking, to elements on GHH, such as images and videos, independently from the web pages of GHH on which they originally appear;
• Bypass GHH by forwarding your personal and contact details (as emails, phone numbers or sites address) to other Users of GHH, via GHH On-Site Messaging Service or through other means, whether you are a Traveler or a Host, to avoid paying Reservation Fee or for other purposes.
10. Intellectual Property Rights
GHH and the Intellectual Property rights pertaining thereto (other than User Generated Content [please add hyperlink to section 11]), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of GHH), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions. Unless expressly permitted in the Terms, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to GHH's proprietary rights, including the Service's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of GHH, including copyright mark [©] or trademark [® or ™] contained in or accompanying the content included in the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of GHH's marks and logos, whether registered or not.
11. User Generated Content
11.1. GHH allows you, including as a Host, to upload, post, publish and make available through it, your own copyrightable materials such as literary works, text, images, photos, videos, strips and any other proprietary materials, including without limitation Hosts' Posts and/or any part thereof and links to copyrightable materials (the "User Generated Content").
11.2. As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property.
11.3. You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, including within Posts over GHH, in any way.
11.4. You represent and warrant that you are the rightful owner of the User Generated Content you upload to GHH or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content, which are required to use and to enable GHH to use the User Generated Content you upload to GHH and that such User Generated Content does not infringe any third party's copyright or other rights.
11.5. You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with GHH. Company explicitly reserves the right to remove the User Generated Content without giving any prior notice, at its sole discretion.
11.6. When you upload, post, publish or make available any User Generated Content on GHH or use such User Generated Content via GHH, you grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available to the public and perform that User Generated Content, along with your name, details, trade-marks, service-marks and logos, in connection with GHH, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
11.7. You agree that the Company may remove at any time any User Generated Content you have uploaded to GHH in its sole discretion with or without any reason.
12. USER REPRESENTATIONS AND UNDERTAKINGS
12.1. As a condition for your use of GHH, you hereby represent and warrant that:
• You will not infringe or violate any of the Terms;
• You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use GHH in accordance with these Terms, and to fully perform your obligations hereunder;
• The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
13. Trademarks and Trade names
"Global HomeHotel", "GHH", Company's marks and logo and all other proprietary identifiers used by the Company in connection with GHH (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on GHH belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.
14. Links to Third Party Websites
The Company may integrate commercials, advertisements and/or sponsored links, whether within or beside GHH. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
GHH's availability and functionality depends on various factors, such as communication networks, software, hardware and the Company's services' providers and contractors. The Company does not warrant or guarantee that GHH will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
17. Changes to GHH
The Company may change GHH's layout and design from time to time, and the availability of the content and services included therein, without giving any prior notice on GHH. You hereby agree and acknowledge that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
18. Profile Changes and Cancellation of User Profile
At any time, you may change, edit, correct or delete any and all information included in your personal profile. For the cancellation and removal of your account from GHH and on any matters that extend the usual management of your account, you may contact the Company at: Gahl@globalhomehotel.com with such specific request. Your account on GHH will terminate 10 days following your request, and from that date of termination you will no longer be able to access your account. In any other matters, we will attempt to comply with any request to the best of our capabilities.
19. Disclaimer and Warranties
GHH, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND ANY INFORMATION RELATED THERETO, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
THE COMPANY DOES NOT WARRANT THAT GHH WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO GHH AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT A NOTICE TO YOU.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF GHH, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF GHH, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH GHH. THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY USER GENERATED CONTENT AVAILABLE ON GHH.
20. Limitation of Liability
THE USE OF GHH IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF GHH, OR THE USE OR INABILITY TO USE GHH, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN US DOLLARS ($10).
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of GHH; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to GHH. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
22. Copyright Agent
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material (including URL address); (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company's Copyright Agent can be reached through the following address:
HomeHotel Online Ltd.
Full Address: 5th Bar Hofman St., Tel-Aviv, 66849, Israel
Phone: +972 3 68 30 581
Fax: +972 3 68 30 581
23. Amendments to the Terms
You hereby agree and acknowledge to accept any and to be bound by any of the changes made in the Terms and the accompanying policies. Should you continue to use GHH after the changes were made, it will indicate your acceptance to the new Terms. You are recommended to review the Terms from time to time, as they may change every once in a while.
24. Account and Service Termination
At any time, the Company may block your access to GHH and/or temporarily or permanently limit, suspend or terminate your personal profile, for any reason, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law. Such actions by the Company may be taken if the Company deems that you have breached any of these Terms in any manner.
Additionally, the Company may at any times, at its sole discretion, cease the operation of GHH or the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of GHH's operation and loss of any data, including User Generated Content, as a result, as long as your pending booking is handled properly.
25.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
25.2. Any claim relating to GHH or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
25.3. Any dispute arising out of or related to your use of GHH will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa and the Center Districts, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
25.4. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
25.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
25.6. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
26. For information, questions or notification of errors, please contact:
HomeHotel Online Ltd.
Full Address: 5th Bar Hofman St., Tel-Aviv, 66849, Israel
Phone: +972 3 68 30 581
Fax: +972 3 68 30 581