Terms and Conditions

Article 1: Preamble

www.thecarmelo.com is a Website dedicated to the seasonal rental of properties, 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 BEN PERETZ, CERTIFICATE OF LICENSED DEALER 300513926, with registered office at Yehuda HaMakkabbi St 53, Tel Aviv-Yafo, Israel (hereinafter CARMELO). These Terms of Service (hereafter TOS) govern all terms of use of the Website accessible at URL www.thecarmelo.com (hereinafter the Website). They are concluded between CARMELO on the one hand and the User on the other, hereinafter collectively referred to as "PARTIES".

Contract for the booking of a property in:
Israel is concluded between CARMELO and the User

Important: Any use in any capacity whatsoever of the Website www.thecarmelo.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:

Article 3: Access the Website and Createan account

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 and is in perfect working condition.

CARMELO 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. CARMELO will not however be held responsible for any discontinlities of the Website and its services, whether voluntary or not. In addition, for maintenance reasons, CARMELO may interrupt the Website and will endeavor to inform users

Access to the Website is open to all online Users, as are the ads and the calendar, which displays apartment availability. However, for some Website features, Users need to be a Member in order to gain accessibility. For example, only Members may book online on the Website. As such, only individuals, be they under or over 18 years of age, may register to become a Member and/or justify an authorization from his legal representatives or any corporation acting through a natural person with legal capacity to contract in the name and on behalf of the legal person . The Member agrees not to create or use other accounts that were initially created, either under his own identity or that of a third party, without the prior written permission of the publisher. Otherwise if he did not get prior written permission, the account will be suspended, including all services associated with it. The Member is obligated to notify the publisher immediately of any compromise on the confidentiality of his password or any other third party use of which he has knowledge. Upon receiving this notification, the editor will delete the password within 48 hours, allowing access to the customer center. If the Member has selected to login using the integrated Facebook connection to the Website interface, CARMELO has the right to use the data available from the Facebook account. Once the Member has provided their Facebook username and password, CARMELO allows the Facebook login to connect automatically on subsequent logins to the Website. The data available on the Member’s Facebook account allows the User to register without having to complete a new online registration form. The personal information CARMELO reqlires in order to perform a reservation is collected directly from the Facebook account, with the authorization of the Member.

CARMELO may make inqliries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information.

Article 4: Member 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:

Article 5: CARMELO Obligations

The publisher strives to offer Tenants information or tools available, which are correct and verified. However CARMELO 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. CARMELO disclaims all responsibility:

CARMELO will not, under any circumstances, be held liable for non-performance or improper performance of contractual obligations attributable to the User, in particular during the exchange of information between Users or when publishing content by Users. CARMELO 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 the applicable law. CARMELO 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 CARMELO actions or lack thereof.

Article 6: Reservation conditions

The total price to be paid by a CARMELO Apartment Tenant always includes the price of the property rental, plus the listed cleaning fee and applicable local taxes.

The total price to be paid by a CARMELO Villa Tenant always includes the price of the property rental, plus the listed cleaning fee, concierge services access (access fee is 100$ per night), cleaning fee during the stay (145$ per night), and applicable local taxes.

The total price is also subject to optional Services (such as an extra fee for additional visitors, services provided by concierge, etc.). The fees, charges and deposit are all detailed in the Listings. These amounts correspond to the prices and fees that we know are in effect when the contract is agreed upon. Fees that are not under our control (such as local taxes, etc.) may be higher or lower than we publish (for instance, if they have changed in the meantime). These will be finally determined according to the rate that applies on the check in and check out dates.

If your reservation was made through another online provider and not through CARMELO website, it is possible that the online provider did not charge you for the listed cleaning fee, applicable local taxes and optional Services. If that is the case, CARMELO will charge you for the remaining amounts.

The delivery time of the Services can be from one to three days, prior to booking, according to the Service chosen. The amount of security deposit varies between the properties. It will be requested before check in, and refunded/returned after check out if no damages are found in the apartment, as described at article 7 of the present TOS.

After the Tenant selects the property and the extra Services, he will complete the reservation process by paying with a credit card or via the Paypal secure payment module directly on the Website. The prices are in Dollars and the commission on extras proposed by CARMELO varies according to the proposed Services. CARMELO offers the secure payment system PAYPAL. The cost of credit card payment is entirely the responsibility of the Member. 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 Members provide of their credit or debit cards (number, expiration date of validity, etc.) is encrypted before the sending of the email to the transactions payment server. The amount of the reservation will be charged by:

Israel - Carmelo (Ben Peretz) Any claims should be sent by email to www.thecarmelo.com

Article 7 : Withheld Security Deposit

The security deposit is subjected to be withheld for the following reasons:

In order to avoid any conflicts, CARMELO recommends that if something is damaged during your stay, contact your Guest Relations.

Article 8: Online

Comments

Only members who have stayed in the precise locations may evaluate the accommodations. Each Tenant will receive an email message within 48 hours after checkout reminding them to comment and assess the precise housing in which they stayed. CARMELO has a pre-moderation power over the comments left by Members. Comments must, in any event, not conflict with any laws and regulations, morality and public order, nor denigrate disproportionately the accommodations displayed on the Website. CARMELO has also provided tools that enable members to share the advertisements across different community Websites, social networks and blogs published by third parties. CARMELO exclusively allows the User to share this type of communication for promotional purposes, excluding any commercial use or promotions unrelated to CARMELO projects.

Article 9: Waiver of right of withdrawal

Israel

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 is not less than 7 days from the day of reservation.

Article 10: Penalty measures

In case of violation of these TOS, CARMELO reserves the right to take the following measures with the Member concerned: - Suspend the Member's account during all the initiated procedures. - Delete the Member's account at the end of the procedure. Members whom the above sanctions and/or restrictions and/or suspensions on the Website apply to, may not open a new account on the Website.

Article 11: Data protection

Data Protection rights are provided in the email sent by info@thecarmelo.com indicated by the subject line « DATA PROTECTION », which encloses a copy of the Member’s identity document.

Article 12:

Limitation of Liability

CARMELO disclaims all responsibility:

Regarding the content posted by the Tenants, CARMELO has moderating rights on the comments left by them. Tenants will be invited to comment on the Website in an email sent by CARMELO 48 hours after the end of their stay at the CARMELO property.

TRAVEL-RELATED SERVICES THAT CARMELO CONNECTS YOU WITH, SUCH AS AIRPORT TRANSFERS, LUGGAGE STORAGE AND CITY TOURS, ARE PROVIDED BY THIRD PARTIES, NOT CARMELO. CARMELO DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THOSE SERVICES AND THEIR ADEQUACY, SAFETY, QUALITY OR CREDIBILITY.

CARMELO will not, under any circumstances, be held liable for non performance or improper performance of contractual obligations attributable to the User, in particular during the exchange of information between Users or when publishing content by Users.

CARMELO 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 French courts.

CARMELO 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 CARMELO actions or lack thereof.

Article 13: Intellectual Property

Except for content posted by Users, the brands, logos, slogans, graphics, photographs, animations, videos and texts found on the Website are the exclusive intellectual property of CARMELO and may not be reproduced, used or represented without the prior express consent of CARMELO under penalty of prosecution. Total or partial representation of the Website and its contents, by any means whatsoever, without the prior express consent of CARMELO is prohibited and constitutes an infringement punishable by:

The insertion of deep links to a page on the Website is prohibited without the prior written consent of CARMELO. CARMELO 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 14: Enforceability of TOS

These TOS are binding upon registration of a Member on the Website. These TOS are binding throughout the operating life of the Website, and until new TOS replace the present.

Article 15: Modification of TOS

CARMELO 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 16: Validity of TOS

The fact that one of the Parties did not reqlire 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 17: Governing Law and Jurisdiction

THESE TERMS ARE GOVERNED in accordance with the laws as set forth in the table below. FOR ANY DISPUTE, ONLY THE COURTS set forth in the table below WILL BE COMPETENT. This applies to substantive rules and procedural rules, notwithstanding the execution venues substantial or accessory obligations.

Article 18: General Provisions

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

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

If any provision of these TOS were to be invalid under any law or regulation 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.

Contact Carmelo

To ask any questions regarding this Privacy Policy or use the website, contact Carmelo: contact@thecarmelo.com