1. Background. At Cancelon.com our users (“Users”) can book hotel reservations (“Hotel Reservations”) and sell existing hotel reservations they have booked but won't be able to enjoy (“Existing Reservations”), all subject to these Terms.
2. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective 10 days following posting of the revised Terms, and your continued use of the Site means that you accept those changes. We reserve the right to discontinue or modify any aspect of the Site at any time.
3. Ability to Accept Terms. 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.
4. Site Access. We hereby grant you permission to visit and use the Site, subject to your compliance with these Terms.
5. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site
6. Account. In order to use some of the services of the Site, you may have to create an account (“Account”). If you create an Account, you must provide accurate information in connection with your Account. You are solely responsible for the activity that occurs in your Account. If you wish to delete your Account you may contact us at email@example.com and we will endeavor to delete your Account within a reasonable amount of time.
7.1. Payments for Reservations. 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 book which are due to the seller of the reservation ("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 7.4 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”.
7.2. Contracting Entity. Notwithstanding the above: (i) in the event that you reside in the European Union (or the United Kingdom), you shall be deemed to be entering into an agreement with Cancelon UK Ltd. and any queries or disputes you may have regarding the Site, our services, a Hotel Reservation or otherwise, must be directed to Cancelon UK Ltd.; and (ii) in the event that you reside anywhere else, then you shall be deemed to be entering into an agreement with Cancelon Inc. and any such queries or disputes must be directed to Cancelon Inc.
7.3. Taxes. 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.
7.4. Additional Fees and Charges. An estimated amount will be charged to cover service and other additional fees paid by Cancelon to the hotel in connection with your 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.
8. Payment Processors. When you make a purchase through the Site, we use a third-party credit card processor, such as (but not limited to) PayPal, Inc. and/or Paytrek Limited (in which case the card payments and billing services are processed by Paytrek Limited (registered company number 9632371) incorporated in the United Kingdom with registered address 30 Crown Place, London, United Kingdom, EC2A 4ES, which website is provided by Prodo Travel Ltd.), to process your credit card purchases (“Payment Processor(s)”). 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. Cancelon currently uses PayPal, Inc., as a Payment Processor. By using the PayPal, Inc., payment processing services you hereby agree to the PayPal, Inc. Payment Services Agreement available at https://www.paypal.com/il/webapps/mpp/ua/useragreement-full.
9. Cancellation and No-Show Policy. 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 present to you prior to the completion of the booking. The general cancellation and no-show policy is made available on our Site, during the purchasing procedure and in the confirmation email of your Hotel Reservation. You acknowledge that if no cancellation policy is provided during the booking process, no refunds may be given in the event of cancelation or no-show. 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 firstname.lastname@example.org, before your check-out date. However, 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.
10. Best Price Guarantee.
10.1. Best Price Guarantee Policy. We endeavor to find you the best prices available for new Hotel Reservations sold on our Site. If, however, you find a better rate for the same accommodation within 24 hours after you book your Hotel Reservation on the Site (a “Lower Rate Reservation”) we would like to make it up to you under our "Best Price Guarantee Policy" as described further below. If you qualify, then, at our sole discretion, we will either refund you the difference between the amount you paid for the Hotel Reservation made on the Site and the amount of the Lower Rate Reservation, or allow you to cancel the Hotel Reservation and refund you the full amount of the Hotel Reservation, with no penalties.
10.2. How to Request. You must send your request for a full or partial refund under Cancelon's Best Price Guarantee Policy (“Request”) by e-mail to email@example.com within 24 hours after you booked your Hotel Reservation on the Site. Your Request must also be sent at least 48 hours before the deadline to cancel the Hotel Reservation and receive a full refund for the Hotel Reservation according to the hotel's cancellation policy. The Request must include all relevant details of the Lower Rate Reservation, including, without limitation, the hotel name, location, dates, room type, number of guests, number of rooms, amenities, cancellation policy and meals. As part of your Request you must also present documentation that the Lower Rate Reservation has been booked through an online website visible to the public (and not from an e-mail or a website where one must contact the seller to learn the rate). Please make sure to submit a screen shot of the Lower Rate Reservation, as well as a valid link to the Lower Rate Reservation. If you fail to provide any of the required information detailed above, Cancelon will not be obligated to address your Best Price Guarantee Request. Cancelon will use commercially reasonable efforts to process your Request within 48 hours from the time of filing.
10.3. Exclusions. Our Best Price Guarantee Policy only applies to pre-paid Hotel Reservations on the Site and when the Lower Rate Reservation has been fully paid. It does not apply to (a) Existing Reservations sold on our Site; (b) Lower Rate Reservations with rates that are opaque, only available by auction, bidding, special membership, error or mistake; (c) Lower Rate Reservations which do not include an exact itinerary; (d) Lower Rate Reservations sold in combination with other products or services; or (e) Lower Rate Reservations purchased using special discount terms, such as: members clubs, points, secret deals, corporate discounts, rewards programs, auction and coupons, or made from a website which requires purchaser to call, e-mail or otherwise contact the seller or other entity in order to receive the rate, or to receive the lower rate from an email.
10.4. Rate Calculation. The comparison between the Lower Rate Reservation and your Hotel Reservation shall be to the same stand-alone product (i.e., not part of hotel + air travel package) and based on prices before any taxes or fees are applied.
10.5. Method of Refund. If your Best Price Guarantee Request has been accepted and approved by Cancelon (and satisfies the requirements of this section), you will either be credited the difference in price to the credit card used to purchase the Hotel Reservation via Cancelon or you will be allowed to cancel the Hotel Reservation and receive a refund of the full amount of the Hotel Reservation, with no penalties. Cancelon will not refund or credit you any fees associated with payment for the original Hotel Reservation, including, but not limited to, currency exchange fees and/or travel insurance fees.
10.6. Fraud. We reserve the right to refuse to accept, address and/or verify any Best Price Guarantee Request that we believe, in our sole discretion, is a result of an error or is made fraudulently or in bad faith.
11. Sale of Existing Reservations. 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") subject to the following:
11.1. Reservation Information. 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 13 below). Without limiting the terms and requirements stated below regarding User Submissions in Section 13, 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.
11.2. Exclusivity. You may not offer to sell, accept an offer to sell, or otherwise transfer an Existing Reservation which you have offered to sell on the Site to any other person or entity, until the Resale Offering for the Existing Reservation has been completely removed from the Site and provided that no other Site user has accepted the Resale Offering on the Site.
11.3. Agreement with Buyer. If you are a Seller of an Existing Reservation, the acceptance by a Site user (the Buyer) of your Resale Offering, 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").
11.4. Transfer of Reservation. You are responsible for the transfer of the Resold Reservation to the Buyer ("Reservation Transfer"). However, upon acceptance by a Buyer of your Resale Offering, 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. Furthermore, you agree to provide or, if needed, execute, all documents and assistance requested by us or the hotel in order 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.
11.5. Failure to Transfer. 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.
11.6. Payments. If you are a Seller, you shall remain responsible to pay the cost of the applicable reservation (if the Resold Reservation was originally reserved on Cancelon, you shall pay amounts due to Cancelon as set forth in Section 7 above). Payments by the Buyer for the Resold Reservation shall be made as stated in Section 7 above. 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 the Buyer's checkout (and in any event after Cancelon's receipt of the resale amount from the Buyer). You acknowledge and agree that the Reservation Transfer shall occur prior to the transfer of any amounts due to you.
12. Intellectual Property Rights
12.1. Content and Marks. The: (i) content on the Site, including without limitation, the products, software, text, photos, graphics, sounds, videos, and services (“Materials”); (ii) and User Submissions, as defined below (together with the Materials, the “Content”); and (iii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Cancelon and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Cancelon”, the Cancelon logo, and other marks are Marks of Cancelon or its affiliates. We reserve all rights not expressly granted in and to the Site and the Content.
12.2. Use of Content. Content on the Site is provided to you for your information and personal use only.
13. User Submissions
13.1. Responsibility. 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 Content posted on the Site (including User Submissions) at any time and for any reason.
13.2. Ownership. 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. You retain all of your ownership rights in and to your User Submissions.
13.3. License to User Submissions. By submitting the User Submissions to Cancelon, you hereby grant Cancelon a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to 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.
13.4. Prohibited Content. 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.
14. Information Description. 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.
15. Disclosure. 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; (iv) respond to user support requests.
16.2. 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 ("Third Party Website") which prohibits linking to third parties; (v) such Third party Website 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.
18. Copyright Policy
18.1. Removal of Content. It is the policy of Cancelon to respect the legitimate rights of copyright owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), Cancelon has designated an agent, specified in Section 18.2 below ("Copyright Agent") to receive notifications of claimed copyright infringement on its sites. 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:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Cancelon 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;
4. your address, telephone number, and email address;
5. 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
6. 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.
18.2. Copyright Agent. Cancelon's agent for notice of claims of copyright infringement can be reached as follows:
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
18.3. Counter-Notification. 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):
1. a physical or electronic signature of the subscriber;
2. 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;
3. 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
4. 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.
19. Warranty Disclaimers
19.1. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
19.2. THE SITE, CONTENT, ACCOMODATIONS, AND ANY OTHER PRODUCTS OR SERVICSE OFFERRED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. 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. CANCELON DOES NOT GUARANTEE THAT THE SITE WILL BE 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.
19.3. CANCELON DOES NOT WARRANT, ENDORSE OR GUARANTEE INFORMATION OR CONTENT PROVIDED IN CONNECTION WITH A HOTEL OR ACCOMODATION OFFERED ON THE SITE. ALL SUCH INFORMATION IS PROVIDED BY THE HOTEL OR THE AGENT OF SUCH HOTEL, OR RESELLER OF THE HOTEL RESERVATION TO CANCELON.
19.4. CANCELON DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY GEOLOCATION OR MAPPING DATA SHOWN ON THE SITE 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 INFORMAITON AS PROVIDED. THE SITE 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.
19.5. CANCELON DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, INCLUDING ANY RESALE OFFERINGS ON THE SITE, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER, IS AT YOUR SOLE RISK.
19.6. 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.
20. Limitation of Liability
20.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:
(A) CANCELON SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF CANCELON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
(B) CANCELON SHALL NOT BE RESPONSIBLE FOR A SELLER'S FAILURE TO PROVIDE A HOTEL RESERVATION POSTED BY SELLER ON THE WEBSITE. CANCELLON SHALL NOT BE RESPONSIBLE IN THE EVENT THAT A HOTEL DOES NOT ALLOW YOU TO UTILIZE A HOTEL RESERVATION YOU HAVE PURCHASED; AND
(C) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CANCELON.COM FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE 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.
20.2. 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; (c) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; and (d) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY). THIS SECTION 20 (LIMITATION OF LIABILITY) CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
21. Indemnity. You 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, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions and Resale Offerings; (iii) your interaction with any Site user; or (iv) your violation of these Terms.
22. Termination. Cancelon, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, 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 the Site, 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.
23. Effect of Termination. Upon termination of these Terms you may lose access to the Site or certain functions or features of the Site. This Section 23 and Sections 12 (Intellectual Property), 13 (User Submissions), 14 (Information Description), 15 (Disclosure), 16 (Links), 17 (Privacy), 19 (Warranty Disclaimers), 20 (Limitation of Liability), 21 (Indemnity), and 25 (Independent Contractors) through, and including, 28 (General), 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.
24. Suspension. 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 Spotad may, without derogating from Cancelon's right to terminate this Agreement under Section 22 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).
25. Independent Contractors. You and Cancelon are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Cancelon.
26. Assignment. 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.
27. Governing Law and Jurisdiction. 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.
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: 25 October, 2017