Terms & Condition

Article 1: Preamble

www.toptravel.co.il is a website dedicated to the short-term rental of apartments and provides access to listings of short-term real estate rentals. The Website provides the ability to make reservations online.

It is operated by Top Travel Israel (hereinafter Top Travel Israel and/or website manager).

These Terms of Use (hereafter TOU) govern all terms of use of the Website accessible at URL www.toptravel.co.il (hereinafter the Website).

They are concluded between Top Travel Israel 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.toptravel.co.il  necessarily implies the unconditional acceptance by the User of these TOS.

Article 2: Definitions

The terms defined below give the parties the following meanings: – “Resident” means any user registered on the Website who wishes to rent properties available online.

• “Announcement” means all material concerning the rental listings, including photographs, descriptions of the property, prices, and references under the description.
• “Housing” means the available properties published on the online Website.
• “Member” means any user who registers on the Website.
• “Website” means the Website accessible at toptravel.co.il. The Website amalgamates all online web pages hosted by Top Travel Israel.
• “User” means any person who visits the Website, including Tenants.

Article 3: Access to the Website

The User acknowledges having the skills and means necessary to access and use the Website and has verified that the configuration used contains no viruses, is in perfect working condition, and understands English perfectly

Top Travel Israel strives to provide tenants with available and verified information or tools but will not be held responsible for errors, lack of availability of features, or the presence of viruses on its Website.

The Website is accessible 24 hours a day and 7 a week. Top Travel Israel will not however be held responsible for any discontinuities of the Website and its services, whether voluntary or not. In addition, for maintenance reasons, Top Travel Israel may interrupt the Website and will endeavor to inform users

Article 4: Users’ obligations

Each User undertakes not to undermine the public order, comply with laws and regulations and respect the rights of third parties and the provisions of these TOU.

Each member is obliged to:

• Act fairly towards Top Travel Israel and its third parties.
• Provide honest and sincere information to Top Travel Israel.
• Use the Website by the purposes stated in this TOU.
• Not make use of the Website to commit crimes, misdemeanors, or petty offenses that are punishable under the Penal Code or any other law.
• Not attempt to divert traffic to another Website or competitive service.
• Not insert hyperlinks into the Website.
• Every user is welcome to use the site, as long as he accepts the terms of this TOU. A user under the age of 18 is allowed to do so as long as he does not perform an action that is prohibited by law but is subject to the approval of their parents or legal guardian. The very use of the website is the same as a statement that the parent and/or the guardian approved the use of the website by the minor, after carefully reading the terms of these regulations. When a minor uses the website, the website is exempt from any responsibility in this regard and he will not have any claims or demands against the website site manager and/or Top Travel Israel
• The user declares and undertakes reading and understanding of the short terms lease agreement and obligates to sign it.

Article 5: Data protection

The User is informed that the Website editor implements a processing of personal data.

Top Travel Israel is responsible for processing the data collected on the Website. This data is processed to ensure the proper functioning of the Website and to ensure User demands are met.

The data is collected via a User browsing the Website (eg IP address) or collected via collection forms on the Website. This data is necessary to process requests from Users. The recipients of the data are those who deal with the relevant Top Travel Israel service and the host of the Website.

Each User has the right to query, modify and/or delete the data concerning themselves or claim opposition for legitimate reasons to the use of their data. All of these rights are provided in the email sent by info@top-travel.co.il indicated by the subject line «DATA PROTECTION », which encloses a copy of the User’s identity document.

For the avoidance of doubt, it is clarified that filling in the information on the website and sending it constitutes consent to the sending of advertisements and that filling in the surfer’s details constitutes negotiations for the purchase of a property or service under section 30A (c) (1) 1982. Without derogating from the above, on certain pages on the site, the surfer will indicate, via a check box, that he agrees to receive content relating to the services offered by the site administrator, via SMS messages and/or email and/or in the media. Other by section 30A (b) of the Communications (Bezeq and Broadcasting) Law, 1982.

Article 6: Cookies

When accessing the extranet, cookies or witness cookies may be installed in the User terminal.

Cookies are data stored in the terminal equipment of a surfer and used by the Website to send information to the browser of the Internet, allowing the browser to send information to the original site (for example an identifier session, the choice of language, or date).

Cookies are used to maintain, for the period of validity of the cookie concerned, the state information when a browser accesses different pages of a Website or when the browser later returns to that Website.

Only the issuer of a cookie can read or modify the information contained therein.

There are different kinds of cookies:

• Session cookies disappear as soon as the user leaves the site.
• Persistent cookies remain on the terminal of the user until the expiry of their lifetime or until you delete it using the functionality of the internet browser.

A cookies table is set up to collect data on the website.

The User also has other options to reject and or/ delete the cookies

Thus, the User can configure their browser to accept or reject cookies, case by case, before their installation.

Furthermore, the User can also regularly delete cookies from their browser via its terminal.

Concerning the management of cookies and user selection, the configuring of each browser is different. The configuration is described in the browser’s help menu. For example:

• For Chrome ™
• For Internet Explorer ™
• For Opera ™
• For Firefox ™

The User may go to the browser’s help section to find out how their browser allows them to select the accepted or rejected cookies.

Top Travel Israel also draws the User’s attention to the fact that, when the User opposes the installation or use of a cookie, a cookie refusal is installed on their terminal equipment.

However, if the refusal cookie is deleted, it will not be possible to identify the User as having refused the use of cookies.

Right of opposition and access:

The User has the right to object by the means described above.

Article 7: Intellectual Property

Except for content posted by users, the brands, logos, slogans, graphics, photographs, animations, domain, names videos and texts, and/or any other content or information found on the Website are the exclusive intellectual property of Top Travel Israel and may not be reproduced, used or represented without the prior express consent of Top Travel Israel under penalty of prosecution.

Total or partial representation of the Website and its contents, by any means whatsoever, without the prior express consent of Top Travel Israel is prohibited and constitutes an infringement punishable by law.

The insertion of deep links to a page on the Website is prohibited without the prior written consent of Top Travel Israel. Top Travel Israel expressly forbids the extraction, by a 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: Limitation of Liability

Top Travel Israel 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 Users information,
• In the event of incorrect advertisements
• In the event of incorrect information from any third party
• 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.
• Regarding the content posted by the Tenants, Top Travel Israel has a moderating power and priority on the comments left by them. Tenants will be invited to comment on the Website in an email sent by Top Travel Israel 48 hours after the end of their stay at the Top Travel Israel property.

Top Travel Israel will not, under any circumstances, be held liable for nonperformance or improper performance of contractual obligations attributable to the User including in reference to information and/or services given by a third party, in particular during the exchange of information between Users or when publishing content by Users.

Top Travel Israel 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 non-performance is linked to a case of force majeure as defined by case law courses and Israeli courts.

Top Travel Israel is not responsible under any circumstances and thus does not repair any consequential damages suffered by Users or any third party due to the use of the Website including in reference to information and/or services given by a third party. Here, the term “indirect” damage refers to damages that are not exclusively and directly the result of Top Travel Israel’s actions or lack thereof.

Article 9: Modification of TOU

Top Travel Israel hereafter reserves the right to change the above TOU at any time. The changes will take effect 48 hours after publication. Users will be informed of TOU changes by consulting the date of the last update of the TOU.

Article 10: Validity of TOU

The fact that one of the Parties did not require the application of any provision of these TOU, whether permanently or temporarily, shall under no circumstances be regarded as a waiver of such provisions.

If any provision of these TOU were to be invalid under a legislative or regulatory provision in force and/or a court decision having the 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: General Provisions

The fact that one of the Parties did not require the application of any provision of these TOU, whether permanently or temporarily, shall under no circumstances be regarded as a waiver of such provisions.

These TOU do not grant any guarantee or exclusivity for the provision of services to Users.

If any provision of these TOU were to be invalid under any law or regulation in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will not affect the validity of the remaining provisions which shall remain fully applicable.

The website may contain links to web pages that are not the website and are not owned by the website manager. The website manager does not supervise and has no control over sites to which links appear on the site, is not responsible for the content of the linked sites or other links appearing on the linked sites, and is not responsible for any result, direct or indirect, resulting from the use of these links.

The website manager allows the existence of these links only for convenience and does his best to update them in real-time, but it is clarified that the inclusion of any link on the site does not in any way constitute a reference to the linked site and/or any presentation of the linked site by the web manager. For the avoidance of doubt, it is clarified that the website manager may change and/or update information about him, at his sole discretion.

The computer records of the website manager regarding the actions performed through the website will constitute conclusive evidence of the correctness of the actions performed on the website.

Article 12: Governing Law and Jurisdiction

THESE TERMS ARE GOVERNED BY ISRAELI LAW. FOR ANY DISPUTE, ONLY THE COURTS OF ISRAEL WILL BE COMPETENT.

In the event of a dispute concerning the purchase of a service on the site, for all that is involved and arising therefrom, the place of jurisdiction will be in one of the district cities of the courts in Tel Aviv only.

This applies to substantive rules and procedural rules and that, notwithstanding the execution venues’ substantial or accessory obligations

If you believe to have a copyright on any material on the site, please inform us and we will remove the material upon your request.