TERMS OF SERVICE
Article 1: Preamble
www.cosytal.com is a Website dedicated to the seasonal rental of apartments, and which provides access to listings of short-term real estate rentals. The Website provides the ability to make reservations online.
It is operated by Essek Mourche Talia Temam, whose Identification number is 337881924, and with registered office in haim bajayo1/7, Jerusalem, Israel (hereinafter COSYTAL).
They are concluded between COSYTAL on the one hand and the User on the other, hereinafter collectively referred to as « PARTIES ».
Important: Any use in any capacity whatsoever of the Website www.cosytal.com necessarily implies the unconditional acceptance by the User of these TOS.
Article 2: Definitions
The terms defined below give the parties the following meanings:
– « Listing » refers to all material concerning the rental listings, including photographs, descriptions of the property, prices and references under the description.
– « Housing » refers to the available properties published on the online Website.
– « Website » refers to the Website accessible at the Url www.cosytal.com The Website amalgamates all online web pages hosted by COSYTAL.
– « Tenant » refers to the User who made a reservation on the Website.
– « User » refers to any person who visits the Website, including Tenants.
Article 3: COSYTAL Obligations
The publisher strives to offer Users information or tools available, which are correct and verified. However COSYTAL will not be held responsible for any errors, lack of availability of features or the presence of viruses on its Website.
The Website is accessible 24 hours a day and 7 days a week. The editor of the Website will not, however, be held responsible for any discontinuances and interruptions of the Website and its services, whether voluntary or not. In addition, the publisher of the Website may interrupt its activity for maintenance reasons and will endeavour to inform Users of this interruption.
COSYTAL disclaims all responsibility:
• If it is unable to temporarily access the Website for technical maintenance or to update the published information,
• In the event of computer virus attacks,
• In the event of incomplete or incorrect User information,
• In the event of incorrect advertisements,
• In relations between Users,
• In the event of abnormal use or illicit exploitation of the Website, the User will be held responsible for any damage to third parties and for the consequent actions or claims that may arise.
COSYTAL will not, under any circumstances, be held liable for nonperformance or improper performance of contractual obligations attributable to the User.
COSYTAL will not be held liable or deemed to have breached these terms in the event of any delay or failure when the cause of delay or nonperformance is linked to a case of force majeure as defined by Israeli law.
COSYTAL is not responsible and thus does not repair any consequential damages suffered by Users or any third party due to the use of the Website. Here, the term « indirect » damage refers to damages that are not exclusively and directly the result of a COSYTAL actions or lack thereof.
Article 4: Users obligations
As part of the use of the Website, each Member undertakes not to undermine the public order and comply with laws and regulations, respect the rights of third parties and the provisions of these TOS.
Each member is obliged to:
– Act fairly towards COSYTAL and its third parties.
– Provide honest and sincere information to COSYTAL.
– Use the Website in accordance with the purposes stated in this TOS.
– Not make use of the Website in order to commit crimes, misdemeanours or petty offenses that are punishable under the Penal Code or any other law.
– Not attempt to divert traffic to another Website or a competitive service.
– Not seek to undermine section 416, 419, 420, 441 of the Penal Law, 5737-1977 and/or other section of the said law to automate data processing systems implemented for the launch of the Website.
– Not insert hyperlinks into the Website.
Article 5: Reservation conditions
The total price paid by a COSYTAL Tenant includes the price of the apartment rental and the cleaning fees.
The fees, charges and deposit are all detailled by email. These amounts correspond to the prices in effect when the contract is agreed upon.
The average security deposit is 30% of the total amount.
After the Tenant selects the apartment, he is redirectered to the Xotelia web site, the channel manager collaborating with COSYTAL, to complete the reservation process by entering his personal datas, and paying with credit card Visa or Amex or on his specific demand, via the Paypal secure payment.
The prices are in euros.
The cost of credit card payment is entirely the responsibility of the User.
The proposed method of payment is SSL secured payment.
This payment protocol is standard and recognized worldwide for the protection of data transmitted over the internet.
It is available on almost all Internet browsers (Internet Explorer, Microsoft, Navigator V1.1, Netscape, Firefox etc.).
The information provided by the Tenants of their credit or debit cards (number, expiration, date of validity, etc.) is encrypted.
Once the confirmation email will be sent, the verification of the credit card datas collected will be processed.
Article 6: Waiver of right of withdrawal
According to the Consumer Protection Law 5741-1981 and the Regulation No. 2(3) to the Consumer Protection Regulations (cancelling of a transaction) 5771-2010, the Consumer may cancel the reservation and/or the service within 14 days from the reservation’s date, provided that the date the service is due to commence not less than 7 days from the day of reservation.
Article 7: Intellectual Property
The brands, logos, slogans, graphics, photographs, animations, videos and texts found on the Website are the exclusive intellectual property of COSYTAL and may not be reproduced, used or represented without the prior express consent of COSYTAL under penalty of prosecution.
Total or partial representation of the Website and its contents, by any means whatsoever, without the prior express consent of COSYTAL is prohibited and constitutes an infringement punishable by the ninth chapter of the Copyright Law, 5768-2007.
The insertion of deep links to a page on the Website is prohibited without the prior written consent of COSYTAL. COSYTAL expressly forbids: the extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of a database to another medium by any means and in any form whatsoever, and the reuse of all or a qualitatively or quantitatively substantial part of the database content.
Article 8 : Personal datas
According to the Protection of Privacy Law, 5741-1981, relating to data, files and freedom, the User must be informed when a Website editor implements a processing of personal data.
COSYTAL inform you that your personal datas are collected on the Xoltelia web site, where the User is redirected during the reservation process.
Article 9: Modification of TOS
COSYTAL hereafter reserves the right to change the above TOS at any time.
The changes will take effect 48 hours after publication.
Users will be informed of TOS changes by consulting the date of last update of the TOS.
Article 10: Validity of TOS
The fact that one of the Parties did not require the application of any provision of these TOS, whether permanently or temporarily, shall under no circumstances be regarded as a waiver of such provisions.
If any provision of these TOS were to be invalid under a legislative or regulatory provision in force and / or a court decision having force of res judicata, it will be deemed unwritten but will not affect the validity of the remaining provisions which shall remain fully applicable.
In this case, the Parties will agree upon a new provision to replace the one declared null and irrelevant. It is stated that the new provision must resemble and comply as much as possible with the spirit and the economic impact on the Parties of the provision replaced.
Article 11: Governing Law and Jurisdiction
THESE TERMS ARE GOVERNED BY ISRAELI LAW FOR ANY DISPUTE, ONLY THE COURTS OF JERUSALEM WILL BE COMPETENT.
This applies to substantive rules and procedural rules, notwithstanding the execution venues substantial or accessory obligations.