The Cancelon website, https://www.cancelon.com/ (the “Site”), is an online platform that provides service to travelers worldwide who are either looking to book new hotel reservations (“Hotel Reservations”) or sell their existing non-refundable reservations (“Existing Reservations”) which they are unable to use (the “Service”).
These terms and conditions (the "Terms") constitute a binding contract between the Cancelon Contracting Entity (as defined below) and/or any of its affiliates and subsidiaries ("Cancelon", "we", "us" and "our") and you. By using the Site or Service, you agree to be bound by the following:
(i) these Terms; and
(ii) other supplemental terms and policies referenced herein, which are stated to be incorporated into, and made a part of, these Terms by reference.
The Site is only intended for individuals of at least 18 years of age or the age of majority in the jurisdiction in which they reside, if it is greater than 18 years old. If you are not at least the age of majority in the jurisdiction in which you reside, you may not use this Site. You represent and warrant that you are of a legal age in your jurisdiction to form a binding contract, and, if you are entering into these Terms on behalf of your employer or other legal entity, that you have full authority to bind your employer or other legal entity to these Terms. We hereby grant you permission to visit and use the Site, subject to your compliance with these Terms.
We reserve the right to make changes to these Terms at any time by posting the changed version of the Terms on this page. Your continued use of the Site/Service after any changes to these Terms shall constitute your acceptance of such changes. Please check this page regularly for any changes to these Terms. These Terms are drafted in the English language. If these Terms are translated into any other language, the English language text shall prevail.
If you reside in the European Union (or the United Kingdom), you shall be deemed to be entering into this agreement with Cancelon UK Ltd., and any queries or disputes you may have regarding the Site, Service, a Hotel Reservation or otherwise must be directed to Cancelon UK Ltd. If you reside outside of the European Union, then you shall be deemed to be entering into this agreement with Cancelon Inc. and any such queries or disputes must be directed to Cancelon Inc.
You may create an account to use the Site (“Account”). If you create an Account, you represent and warrant that all information submitted during the registration process is, and will thereafter remain, complete and accurate. You alone shall be responsible and liable for maintaining the confidentiality and security of your Account credentials, as well as for all activities that occur under or in such Account. You shall immediately notify us in writing of any unauthorized access to, or use of, an Account, or any other breach of security. For security purposes, we recommend that you memorize your user name and password and do not put it in written form in any location. We also recommend you change your password at least once every three (3) months or sooner if you feel, or have any reason to suspect, that your password may have been compromised. We are not responsible for any lost or misplaced user name or password, nor is it our responsibility to make any changes or cancellations made to your Account by someone else who uses your password. We are entitled to act on instructions received under your Account. If you wish to delete your Account, you may do so on our website within your Account or contact us at Privacy@cancelon-Customer.com, and we will then endeavor to delete your Account within a reasonable amount of time.
By creating an Account, signing up to receive our electronic newsletters, booking a Hotel Reservation or selling an Existing Reservation, you agree to receive email communications from us, including without limitation communications concerning your Account, promotional emails, and our Service. You can opt-out of receiving promotional emails by either visiting your Account page to edit your profile or following the unsubscribe link on any of the promotional emails you receive. If you booked a Hotel Reservation through the Service, are in the process of selling an Existing Arrangement, and/or created an Account, you may not opt-out of communications which are Account related and not promotional in nature. If you do not wish to receive these communications, you can deactivate your Account and cancel all Hotel Reservations and the sale of any Existing Arrangements.
You shall not do (or permit or encourage to be done) any of the following (in whole or in part): (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Site/Service to any third party, including, but not limited to your affiliates, or use the Site/Service in any Site/Service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Site/Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Site/Service; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Site/Service, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Site/Service, or any part thereof; (v) use any robot, spider, scraper, or other automated means to access or monitor the Site/Service for any purpose; (vi) take any action that imposes or may impose (at Cancelon's sole discretion) an unreasonable or disproportionately large load on the Site/Service's infrastructure or infrastructure which supports the Site/Service; (vii) interfere or attempt to interfere with the integrity or proper working of the Site/Service, or any related activities; (viii) remove, deface, obscure, or alter Cancelon’s or any third party's identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Site/Service; (ix) use the Site/Service to develop a competing Site/Service or product; (x) use the Site/Service to send unsolicited or unauthorized commercial communications; and/or (xi) use the Site/Service in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose, or in breach of these Terms, any terms and conditions of any third-party product or service you use, or agreement you have entered into with any third party.
7.1. You may not book the same Hotel Reservation more than once for overlapping dates under your name (a “Duplicate Hotel Reservation”). Each Hotel Reservation must be under separate names if you book two or more Hotel Reservations for the same hotel and for the same dates. If we determine that you have made a Duplicate Hotel Reservation, we may, at our sole discretion, cancel such Duplicate Hotel Reservation and charge you any applicable cancellation fees.
7.2. You may not book more than five (5) Hotel Reservations or sell more than five (5) Existing Reservations (each a “Group Reservation”) by using the Site. If we determine that you have made a Group Reservation by using the Site, we may, at our sole discretion, cancel such Group Reservation and charge you any applicable cancellation fees. Group Reservations must be sent to us by email to firstname.lastname@example.org.
8.1. If you have already purchased a Hotel Reservation whether on the Site or otherwise, the Site may permit you to offer that Existing Reservation for sale to others on the Site (such offering, "Resale Offering").
8.2. If you make a Resale Offering on the Site, you must provide full and accurate information in connection with the Existing Reservation as prompted by the Site or otherwise requested by us. All information and content submitted by you in connection with the Resale Offering shall be deemed a User Submission (defined below) and governed by the provisions of these Terms which govern User Submissions (including Section 19 below). Without limiting the terms and requirements stated below regarding User Submissions in Section 19, you represent and warrant that (i) all information you provide in connection with the Existing Reservation and the terms of the Resale Offering is accurate and includes all material details regarding the Resale Reservation; and (ii) the hotel with which the Existing Reservation was made, and/or the entity through which you initially purchased the Exiting Reservation (if applicable), permits the sale and transfer of the Existing Reservation to another person or entity.
8.3. If your Existing Reservation is no longer available for sale as a Resale Offering, you must promptly remove it from the Site.
8.4. The acceptance by a Site user of your Resale Offering (the “Buyer”) creates a direct agreement between you and such Buyer to sell the Existing Reservation to the Buyer. You agree that Cancelon is not a party to such agreement and is not responsible for Buyer's payment for the resold Hotel Reservation ("Resold Reservation").
8.5. Upon acceptance by a Buyer of your Resale Offering, Cancelon will assist in transferring the Resold Reservation to the Buyer (the “Reservation Transfer”), as further described below. For this purpose, you hereby grant Cancelon and its officers and agents to act as your agent, to act for and on your behalf, to contact the hotel providing the accommodation of the Resold Reservation in your name, and to request and cause the hotel or any other individual or entity necessary (such as the entity through which you booked the Resold Reservation) to transfer the Resold Reservation to the Buyer and to execute all documents in your name necessary to affect the Reservation Transfer. You agree that we may provide the hotel with your personal or financial information in order to verify your identity with the hotel and to make the Reservation Transfer. Upon request by Cancelon, you agree to personally and directly contact the hotel and cause the Reservation Transfer to the name of the Buyer. You shall be responsible for all fees charged by the hotel or otherwise incurred in connection with the Transfer of the Reservation to Cancelon or directly to the hotel, as may be directed by Cancelon.
8.6. Cancelon does not represent, warrant or guarantee that any Hotel Reservations may be transferred to another person or entity. You acknowledge and agree that in the event the hotel does not allow the Reservation Transfer you may not be able to resell the reservation and the Buyer shall not be required to pay for such reservation.
8.7. You shall remain responsible to pay the cost of the applicable reservation. You agree that Cancelon (a) shall serve as your agent in collecting and transferring payment for the Resold Reservation to you; and (b) that Cancelon may deduct its then-current fees applicable to the resale of Existing Reservations and any applicable taxes and other fees imposed on the resale or Reservation Transfer (including, if applicable, any fee charged by the hotel for the Reservation Transfer). Cancelon shall transfer amounts due to you, the Seller, after Reservation Transfer has been completed and the Buyer has checked out of the hotel (and in any event after Cancelon's receipt of the resale amount from the Buyer).
9.1. You agree to pay Cancelon the price displayed with respect to a Hotel Reservation which you have made through the Site in full, including all other taxes and fees displayed when you make the booking ("Reservation Price"). You specifically acknowledge that the Reservation Price may not later be modified or contested following your purchase. You agree that all payments for a Hotel Reservation you have booked, which are due to the seller of such Hotel Reservation (the "Seller") will be made by Cancelon on your behalf. However, you may be required to pay certain local taxes in connection with the Hotel Reservation directly to the Hotel, and, in the event you incur charges during your stay at the hotel, you shall be responsible to pay all such fees directly before you check out of the hotel (as stated in Section 11 below). A "Seller" may be the hotel for which you have booked the reservation, or an entity selling reservations on behalf of the hotel or its resellers, or a Site user offering to sell an Existing Reservation. Payments you make through the Site which are paid directly by your credit card (e.g., Visa and MasterCard) and not processed via Payment Processors (as defined below) will appear on your credit card statements under the name of “Cancelon”.
9.2. When you make a purchase through the Site, we use third-party credit card processors, such as (but not limited to) PayPal (https://www.paypal.com/il/home), Blue Snap (https://home.bluesnap.com/), Stripe (https://stripe.com/), and/or Paycertifyq (https://paycertify.com/) (each a “Payment Processor”), in which case the card payments and billing services are processed by the Payment Processor. You agree that we may share your billing information with the Payment Processor for the sole purpose of completing your order and that such information may be stored by such Payment Processor. We have no responsibility or liability for the services provided by such Payment Processor or for the Payment Processor's acts or omissions.
9.3. All payments and refunds are currently processed in U.S. dollars and will reflect the exchange rate in effect on the date of the payment/refund. All refunds are subject to this variation and Cancelon is not responsible for any difference in exchange rates between time of payment and the time of refund. 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.
You agree to be solely responsible for paying any applicable taxes charged in connection with your purchase of a Hotel Reservation. An estimated tax amount will be charged by Cancelon on each order and will be calculated as part of the Reservation Price. This amount is intended to reflect the transaction taxes collected by the hotel. These taxes may include, without limitation, room tax, occupancy tax, sales and use tax and/or other similar taxes. However, the actual tax paid to the hotel in connection with your reservation may vary from the tax recovery charge and may depend on the location of your hotel. In the event applicable taxes or other fees are lower than the amount charged by Cancelon, Cancelon shall not be obligated to account to you or refund you the difference.
11.1. An estimated amount will be charged to cover service and other additional fees paid by Cancelon to the hotel in connection with your Hotel Reservation. The additional fees may include mandatory hotel specific fees including, but not limited to, energy surcharge, housekeeping fees and resort fees. In addition, you may incur optional hotel fees, including, but not limited to, room service, phone calls, parking charges and movie rentals. You are solely responsible for such fees and must pay them directly to the hotel upon or before check out. Please contact the hotel directly with any inquiries regarding such additional fees and charges.
11.2. You may incur additional charges as a result of your nationality depending on the geographic location of your Hotel Reservation. You are solely responsible for such fees and must pay them directly to the hotel upon or before check out. We will not be liable for any fluctuations in hotel rates, immigration dues or fees, and/or any other charges assessed against any citizen of any country. In the event of a price fluctuation as a result of any hotel charging you an additional fee for use of its hotel room, we are not responsible for the additional charges, and agree only to use reasonable efforts to report the actual rate to be charged by any such hotel. Please contact the hotel directly with any inquiries regarding such additional fees and charges.
Prior to purchasing a Hotel Reservation, please carefully review the price information, and all of the reservation information about what is included and excluded in the accommodation offer. All payments for Existing Reservations offered and sold by Cancelon's Users are final and non-refundable and may not be canceled or rescheduled. Cancellation and refund of new Hotel Reservations shall be governed by the cancellation and refund policy of the applicable hotel, which will generally be presented to you prior to the completion of the booking. You acknowledge that if no cancellation and refund policy is provided during the booking process, the reservation is nonrefundable and no refunds may be given in the event of cancelation or no-show. Cancelon’s cancellation, no-show and early check-out policies are made available on our Site, during the purchasing procedure and in the confirmation email of your Hotel Reservation. You acknowledge and agree that if you arrive late on your scheduled check-in day, decide to check out earlier than stated on your hotel voucher, or fail to arrive at the hotel (no-show), Cancelon will not issue any refunds. If you wish to request a refund, or if you have any other issues with respect to your Hotel Reservation, you should contact us at email@example.com, before your check-out date; however, you acknowledge that any requests for cancellation, refund and/or related matters are not guaranteed. You may contact Cancelon with respect to other payment questions not related to requests for refunds or complaints or problems with a Hotel Reservation or accommodation, within 14 days after your checkout date. Cancelon reserves the right to cancel any Hotel Reservation or any other transaction that it reasonably believes to have been fraudulently made, including by unauthorized use of credit or debit cards.
If, after you have made a prepaid booking, you find your Hotel Reservation elsewhere at a lower price , you may be eligible for a refund or other compensation, solely according to our Best Price Guarantee Policy, as then available on our Site.
14.1. The (i) Site; (ii) Service; (iii) content on the Site, including without limitation, any text, data, information, files, images, graphics, sounds, videos, code, software, audio clips, links, and/or other similar materials (“Content”) and (iv) the trademarks, service marks and logos contained therein (“Marks”, and together with the Content, the “Materials”), are the property of Cancelon and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Cancelon”, and the Cancelon logo are Marks of Cancelon or its affiliates. All other Marks used on the Site/Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site, Service and the Materials.
14.2. Content on the Site/Service is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
14.3. If you provide us with any feedback (whether orally or in writing) including without limitation comments, questions, reports, ideas, suggestions, or similar feedback regarding the Site/Service or for improving the Site/Service ("Feedback"), such Feedback shall be deemed the exclusive property of Cancelon, and you hereby irrevocably transfer and assign to Cancelon all intellectual property rights to the Feedback and waive any and all moral rights or economic rights that you may have in respect thereto.
We cannot and do not warrant that the Content is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the Content, without the requirement of giving any notice. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
We reserve the right to access, read, preserve and disclose any information that we obtain in connection with the Site, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms; (iii) address fraud, security or technical issues; and/or (iv) respond to your support requests.
17.2. Cancelon permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Cancelon or present any false information about Cancelon and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
The Service may include third party software components that are subject to open source and/or pass-through commercial licenses and/or notices ("Third Party Software" and "Third Party Software Terms and Notices", respectively). If there is a conflict between any Third Party Software Terms and Notices and these Terms, then the Third Party Software Terms and Notices shall prevail but solely in connection with the related Third Party Software. Notwithstanding anything to the contrary, Cancelon does not make any undertakings, representations, warranties, guarantees, conditions, indemnities or other commitments with respect to Third Party Software.
19.1. The Site may permit the submission, hosting, sharing and publishing of content by you and other users (“User Submissions”). You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, delete, and/or remove any and all User Submissions posted on the Site at any time and for any reason.
19.2. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Cancelon to use all intellectual property rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. You retain all of your ownership rights in and to your User Submissions.
19.3. By submitting the User Submissions to the Site, you hereby grant Cancelon a worldwide, irrevocable, nonexclusive, royalty free, perpetual, sublicensable and transferable license to host, use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the Site and Cancelon's business. This includes, without limitation, for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submissions a non-exclusive right to use, reproduce, distribute, prepare derivative works of, and display such User Submissions, all in accordance with these Terms.
19.4. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive; (ii) is copyrighted or otherwise subject to third party proprietary rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
20.1. It is the policy of Cancelon to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), Cancelon has designated an agent, specified below ("Copyright Agent") to receive notifications of claimed copyright infringement on the Site. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cancelon's Copyright Agent with the following information in accordance with the DMCA:
i. an electronic or physical signature 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 where the material that you claim is infringing is located on the Site, with enough detail that we may find it on our Site; providing URLs in the body of an email is the best way to help us locate content quickly;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
20.2. Cancelon's agent for notice of claims of copyright infringement can be reached as follows:
Copyright Claims - Meitar Liquornik Geva Leshem Tal, Law Offices, 16 Abba Hillel Rd., Ramat-Gan 5250608, ISRAEL, Phone: +972-3-610-3100, Fax: +972-3-610-3111, E-mail: firstname.lastname@example.org.
20.3. If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
i. a physical or electronic signature of the subscriber;
ii. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly;
iii. a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
iv. the subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.
Such written notice should be sent to our designated agent as follows: Copyright Claims - Meitar Liquornik Geva Leshem Tal, Law Offices, 16 Abba Hillel Rd. ,Ramat-Gan 5250608, ISRAEL. Phone: +972-3-610-3100, Fax: +972-3-610-3111, E-mail: email@example.com. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
21.1. WE ACT ONLY AS AN INTERMEDIARY IN MAKING ARRANGEMENTS FOR HOTELS AND ACCOMMODATIONS (“ACCOMMODATIONS”) AND DO NOT ASSUME ANY RESPONSIBILITY FOR ACCOMMODATIONS WHICH ARE PROVIDED BY SELLERS AND MAKE NO REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED) AS TO THE SUITABILITY OR QUALITY OF ACCOMMODATIONS FEATURED ON THIS SITE. CANCELON AND ITS AFFILIATES ACCEPT NO LIABILITY WHATSOEVER IN RELATION TO ANY ACCOMMODATIONS.
21.2. THE SITE, SERVICES, CONTENT, ACCOMMODATIONS AND ANY OTHER PRODUCTS OR SERVICE OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY FOR ACCESSING AND USING THE SITE AND SERVICE AND FOR THE SELECTION OF THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS. CANCELON HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
21.3. CANCELON DOES NOT WARRANT THAT THE SITE OR SERVICE OR ACCESS TO AND USE OF THE SITES OR SERVICE WILL BE UNINTERRUPTED, ERROR FREE, FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT CANCELON WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
21.4. CANCELON OFFERS NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY: (I) THAT THE SITE AND/OR SERVICE, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK OR PREVENT ALL VIRUSES, SPAM OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS; AND (II) REGARDING THE BACKUP OR STORAGE OF DATA ON OR BY THE SITE AND/OR SERVICE.
21.5. CANCELON DOES NOT WARRANT, ENDORSE OR GUARANTEE INFORMATION OR CONTENT PROVIDED IN CONNECTION WITH ACCOMMODATIONS OFFERED ON THE SITE AND/OR SERVICE. ALL SUCH INFORMATION IS PROVIDED BY THE HOTEL OR THE AGENT OF SUCH HOTEL, OR RESELLER OF THE HOTEL RESERVATION TO CANCELON.
21.6. CANCELON DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY GEOLOCATION OR MAPPING DATA SHOWN ON THE SITE AND/OR SERVICE OR THE ACCURACY OF THE METEOROLOGICAL INFORMATION SHOWN IN ANY WEATHER FORECAST OR OTHER CONTENT REGARDING THE HOTEL RESERVATIONS APPEARING OR MADE AVAILABLE WITHIN THE SITE, AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES ARISING OUT OF SUCH INFORMATION AS PROVIDED. THE SITE AND/OR SERVICE IS TO BE USED ONLY AS AN INFORMATIONAL AID. WEATHER FORECASTS ARE PREDICTIVE IN NATURE AND ARE SUBJECT TO INHERENT UNCERTAINTY. CANCELON DOES NOT WARRANT THE ACCURACY OF SUCH INFORMATION AND WEATHER FORECASTS PROVIDED BY THE SITE AS USER SUBMISSIONS.
21.7. CANCELON DOES NOT WARRANT, SITE, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY USER SUBMISSION. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER, IS AT YOUR SOLE RISK.
21.8. IF YOU HAVE A DISPUTE WITH ANY SITE USER IN CONNECTION WITH THE SITE, A HOTEL RESERVATION (INCLUDING A RESOLD RESERVATION), A RESALE OFFERING, OR ANY USER SUBMISSION, YOU AGREE THAT CANCELON IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. CANCELON RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE AND TO ENFORCE THE TERMS OF THESE TERMS AGAINST YOU, INCLUDING IN CONNECTION WITH ANY SUCH DISPUTE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:
22.1. CANCELON AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR: (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL; (IV) THE COST OF PROCURING ANY SUBSTITUTE ACCOMMODATIONS OR SERVICES; AND/OR (V) USER SUBMISSIONS, RESALE OFFERING, THIRD PARTY CONTENT AND THIRD PARTY SOFTWARE.
22.2. IN NO EVENT, CANCELON SHALL BE LIABLE FOR: (I) A SELLER'S FAILURE TO PROVIDE A HOTEL RESERVATION POSTED BY SELLER ON THE SITE; (II) A HOTEL NOT ACCEPTING A HOTEL RESERVATION YOU HAVE PURCHASED; (III) DUPLICATE HOTEL RESERVATION; AND (III) ACCOMMODATIONS AND SERVICES.
22.3. IN NO EVENT, CANCELON SHALL BE LIABLE FOR: THE ACTS, ERRORS (INCLUDING WITHOUT LIMITATION INACCURATE PRICES AND RATES), OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SELLER, HOTEL OR AN AGENT OF A HOTEL OR RESELLER OF A HOTEL RESERVATION OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THERE FROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, FLIGHT CANCELLATION OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, INCLUDING WHICH IS ATTRIBUTABLE TO A SELLER, HOTEL OR AN AGENT OF A HOTEL, OR RESELLER OF A HOTEL RESERVATION, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
22.4. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CANCELON OR ITS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO CANCELON FOR USING THE SITE DURING THE 3 MONTHS PRIOR TO BRINGING THE CLAIM. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) EVEN IF WE, OUR AFFILIATES, OR SUPPLIERS HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (B) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY).
22.5. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.
You hereby agree to defend, indemnify and hold harmless Cancelon and our affiliates, and our respective officers, directors, employees and agents, from and against any and all 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 legal and accounting fees arising from: (i) your use of, or inability to use, the Site and/or Service; (ii) your User Submissions and Resale Offerings; (iii) your interaction with any Site user; or (iv) your violation of these Terms or the documents referenced herein.
Cancelon, in its sole discretion, has the right to terminate these Terms and/or your access to the Site and/or Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Cancelon shall not be liable to you or any third party for termination of these Terms and/or your access to the Site and/or Service, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
Upon termination of these Terms you may lose access to the Site or certain functions or features of the Site. This Section 25 and Sections 3, 6, 9, 14, 20-23, 25-30 (inclusive), and any provision which by its nature is intended to survive termination, as well as any outstanding obligations and rights accrued, shall survive termination of these Terms.
If we believe (in our sole discretion) that you may be using the Site in a manner that may cause harm to us or any third party, or if you are in default of its payment obligations hereunder, then we may, without derogating from Cancelon's right to terminate this Agreement under Section 23 above, suspend your access to and use of the Site until such time as we believe the threat of harm, or actual harm, has passed or you have paid any outstanding amounts due (as applicable).
The relationship of the parties is solely that of independent contractors. Nothing in these Terms shall be deemed to create any employment, fiduciary, joint venture, agency or other relationship between the parties.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Cancelon without restriction or notification to you.
29.1. These Terms and the entire relationship between you and Cancelon shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, provided that Cancelon may seek injunctive relief in any court of competent jurisdiction.
29.2. If we take any action to enforce these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorney's fees and any costs of litigation, in addition to any other relief, at law or in equity, to which we may be entitled. Moreover, you agree that we may debit your credit or debit card or charge you for any such amount.
30.1. Obvious errors and mistakes, including, but not limited to, incorrect prices, hotel rates and rankings, advertisements, misprints and typographical errors, shall not be binding on Cancelon.
30.2. We will use good faith efforts to respond to your requests within the time periods indicated on the Site; however, no guarantee is made that the status of your requests will be made available to you within the stated processing time. We are not responsible for any delays in responding to your requests, including, without limitation, error or delays in responding to a request caused by an incorrect email address or other data provided by you or other technical problems beyond our control.
30.3. Cancelon reserves the right to discontinue or modify any aspect of the Site and/or Service at any time.
30.4. Cancelon shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond Cancelon's reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Site and/or Service shall not be deemed within Cancelon's reasonable control.
30.5. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then: (a) the remaining provisions of these Terms shall remain in full force and effect; and (b) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted or reformed (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.
30.6. These Terms shall constitute the entire agreement between you and Cancelon concerning the Site and/or Service. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.