www.bnbennaim.com is a Website dedicated to the seasonal rental of apartments, and which provides access to listings of short-term and middle-term real estate rentals. The Website provides the ability to make reservations online. It is operated by BnBennaim, with a registered office at Merkaz Ba'alei Melaha Street 10, Tel Aviv-Yafo, Israel. These Terms of Service (hereafter TOS) govern all terms of use of the Website accessible at URL www.bnbennaim.com (hereinafter the Website). They are concluded between BnBennaim on the one hand and the User on the other, hereinafter collectively referred to as "PARTIES"..
The contract for the booking of a home in Israel is concluded between the BnBennaim and the User.
Important: Any use in any capacity whatsoever of the Website www.bnbennaim.com necessarily implies the unconditional acceptance by the User of these TOS.
The terms defined below give the parties the following meanings:
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. BnBennaim . 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. BnBennaim will not however be held responsible for any discontinuities of the Website and its services, whether voluntary or not. In addition, for maintenance reasons, BnBennaim 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 their legal representatives or any corporation acting through a natural person with the 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, BnBennaim has the right to use the data available from the Facebook account. Once the Member has provided their Facebook username and password, BnBennaim 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 BnBennaim requires in order to perform a reservation is collected directly from the Facebook account, with the authorization of the Member.
BnBennaim may make inquiries 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.
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:
The publisher strives to offer Tenants information or tools available, which are correct and verified. However, BnBennaim 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 endeavor to inform Users of this interruption.
BnBennaim disclaims all responsibility:
BnBennaim 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. BnBennaim 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. BnBennaim 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 BnBennaim actions or lack thereof.
The total price to be paid by a BnBennaim Tenant always includes the price of the apartment rental, plus the listed cleaning fee and applicable local taxes.
The total price is also subject to optional Services (such as an extra fee for additional visitors, etc.). The fees, charges, and deposits 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 BnBennaim 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, BnBennaim 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 average security deposit is three hundred Euros. It will be requested upon check-in, and refunded 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 apartment and the extra services, he will complete the reservation process by paying with a credit card or via the Stripe secure payment module directly on the Website. The prices are in euros and the commission on extras proposed by BnBennaim varies according to the proposed Services. BnBennaim offers the secure payment system Stripe. 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 about their credit or debit cards (number, the 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:
Any claims should be sent by email to Ouriel@bennaim.co.il or by mail at the following address: BnBennaim, Merkaz Ba'alei Melaha Street 10, Tel Aviv-Yafo, Israel.
In order to avoid any conflicts, BnBennaim recommends that if something is damaged during your stay, contact your Guest Relations.
Additional local rules that are a basis for deposit withholding: Pursuant to article 561 of the Penal code, any noise pollution occurring between 10 pm and 6 am is considered as a breach of disturbance of the peace at night, punished by a maximum amount of 20 000 euros and 5 days of imprisonment.
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. BnBennaim 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. BnBennaim has also provided tools that enable members to share the advertisements across different community Websites, social networks, and blogs published by third parties. BnBennaim exclusively allows the User to share this type of communication for promotional purposes, excluding any commercial use or promotions unrelated to BnBennaim projects.
According to the law of the 17th of March 2014, the right of withdrawal does not include 1. Contracts for the supply of services if performance has begun, with the consumer's agreement, before the end of the withdrawal period (Article L. 121-21-8 alinea 1 of the Consumer Code). 2. Hosting services other than residential accommodation, goods transport services, car rental, catering or leisure activities to be provided on a date or at a specific period ((Article L. 121-21-8 alinea 12 of the Consumer Code). The Member may not, therefore, claim any refund of service fees from BnBennaim.
In case of violation of these TOS, BnBennaim 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 to whom the above sanctions and/or restrictions and/or suspensions on the Website apply, may not open a new account on the Website.
Data Protection rights are provided in the email sent by www.bnbennaim.com indicated by the subject line « DATA PROTECTION », which encloses a copy of the Member’s identity document.
BnBennaim disclaims all responsibility:
TRAVEL-RELATED SERVICES THAT BNBENNAIM CONNECTS YOU WITH, SUCH AS AIRPORT TRANSFERS, LUGGAGE STORAGE AND CITY TOURS, ARE PROVIDED BY THIRD PARTIES, NOT BNBENNAIM. BNBENNAIM DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THOSE SERVICES AND THEIR ADEQUACY, SAFETY, QUALITY OR CREDIBILITY.
BnBennaim 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.
BnBennaim 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.
BnBennaim 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 BnBennaim actions or lack thereof.
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 BnBennaim and may not be reproduced, used or represented without the prior express consent of BnBennaim under penalty of prosecution. Total or partial representation of the Website and its contents, by any means whatsoever, without the prior express consent of BnBennaim 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 BnBennaim . BnBennaim 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.
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 a new TOS replaces the present.
BnBennaim 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 the last update of the 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.
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.
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 of 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 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.
Guests making bookings are required to accept these BOOKING TERMS & CONDITIONS
BnBENNAIM Company (trading as "BnBENNAIM") advertises apartments ('properties') as an advisor for and on behalf of the Owners of the property ('Owner'). All properties have been personally inspected by BnBENNAIM to ensure that they meet the high standards of accommodation on which BnBENNAIM's reputation is based. At the time of publishing, the properties are furnished and equipped as described in the detailed and technical descriptions provided to renters and guests ('Clients') on the Company's web site. From time to time the Owners of properties may change the layout, furniture or fittings and the Company will seek to update these on the website at the earliest opportunity and notify renters if the changes to the property change the nature of the accommodation. Differences between the description and photos on the website and those actually found at the property do not constitute a basis for cancellation, refunds or other claims against the Company. The Company will not be liable to Clients in the event of changes made to a property by the Owner and not notified to it, however the Company will intervene on the renters behalf in the event the quality of the property is diminished as a result of such changes.
Prices and seasons published on the Company's website are indicative and subject to variation without notice prior to the confirmation of a booking. A quote will be provided at the time of inquiry and the confirmation of the booking will occur when the advance payment of 50% of the total rent has been paid and the confirmation of booking form is issued. The base currency of referral is the NIS, shekels and values in other currencies published on the Company's websites are based on current interbank rates and provided for comparative purposes only.
Rental prices include nightly rate of the property and such other inclusions that are listed in the special notes for each property listed under the price list in the property pages.
The booking is not confirmed until you have received a confirmation from BnBENNAIM. A pre-payment of 50% of the rental price is payable on booking and confirmation will not be effected until the whole of the pre-payment has been received. The Company will not enter into correspondence in the event that the pre-payment is not received within the hold period and the property is allocated to another Client; however the Company will do its utmost to find a replacement property acceptable to the Client.
The balance of rental must be paid at arrival (check-in). Non payment of the balance by the due date will constitute basis for cancellation and the property will be re-offered and cancellation conditions applied.
Payment by credit card are are not subject to any commission. Alternatively payments may be made, without surcharge, also by direct debit into the Company's international account or Company's PayPal account.
** The final price refers to guests visiting Israel on a tourist visa (B2/B3/B4). Israeli passport holders, or guests who don't present a copy of their border control pass and passport, will be charged an additional 17% VAT.
Cancellation is effected by the Client when written notification is acknowledged to have been received by BnBENNAIM or, in the event of non payment of balances. Cancellation charges are based on the total rental price and are calculated from the date of the booking of the rental as follows:
Please note that above this cancellation policy does not apply in the case of full advanced payment of the rent. In this case, the payment is not refundable.
Changes to booking dates, or properties constitute an extra fee (subject to availability).
Clients are strongly advised to take out adequate insurance to ensure that they are protected from unforeseen events which may give rise to cancellations.
If as a result of a serious breakdown or failure in the rented property, BnBENNAIM or the Owners decide that it is not possible to continue with the booking, the Company will do its utmost to find a replacement property acceptable to the Client, or refund any moneys paid on unused rental. The Client acknowledges that in this event, the Company's liability for damages will be limited to the amount of unused rental, based on a pro rata calculation of unused rental days. Should a property become unserviceable prior to the arrival of a Client, the Company will do its best to find a suitable replacement property of an equal standard. In the event of a more expensive property being selected, Clients will have the choice of paying the difference or receiving a full refund of moneys paid.
Following the final payment, Clients will be issued an accommodation voucher and arrival instructions for the property. In the weeks leading up to the arrival the Company will request details of the expected arrival time, method of transport, names of all guests and any additional requirements. BnBENNAIM will endeavor to accommodate out of hours or late arrivals. More info about in FAQ: Arrivals and Departures.
The rental voucher provided at the time of payment of the balance is not transferable and must be presented to the local representative at the time of arrival in order to gain entry to the property. The Client acknowledges that the following circumstances provide the Owner or the Company with a basis for the immediate termination of the rental agreement without recourse by the Client and forfeiting all moneys paid to the Company:
The Client acknowledges that there will be no redress against the Company or the Owner in the event that these events cause premature termination of the rental.
Standard check out time is until 11.00 AM. After this time a property representative will conduct an inspection. It is a condition of rental that the property must be left in a clean and orderly manner at the end of the rental period. This implies that the dishes are washed, rubbish is removed from the property and the rooms are left in an orderly condition. Clients are not authorised to rearrange the furniture of the property and crockery and other equipment of the house (chairs, blankets, etc.) must not be used or transported out of the house. Candles and oil burners are not permitted inside the house.
On arrival, we will pre-authorise a debit/credit card of your choice (may be different from the one with which you have made the initial payment to secure the booking) as a safety precaution to insure our company from any potential damage may cause during your stay. We hold the right to make appropriate deduction from the card in the event of any damage to the accommodation or its contents, or in the event of a late check-out after 11:00am on the day of your departure.
Any problems with the property encountered during the property rental period should be reported immediately to us. The Company will endeavour to address the problems and resolve them to the satisfaction of the Client as soon as possible. In the event that the Company is unable to resolve the problem to the satisfaction of the Client, a complaint must be lodged immediately in writing to the BnBENNAIM Company , area representative or in writing to the Company by email, fax or letter. Reasonable time must be allowed to the Company to resolve the problem. Clients must not vacate the property under any circumstances without the express written agreement of BnBENNAIM Israel as to do so will annul the rights to claim for compensation.
Where a Client believes they have a claim for compensation, the period of compensation will commence from the time the complaint is received to the end of the rental period. Requests for compensation must be lodged with the Company in writing (ouriel@bennaim.co.il) within 48 hours of completion of the rental period or during your stay.
The following do not give rise to claims for compensation:
Clients acknowledge that they are responsible for taking all necessary safety precautions for themselves and their guests and neither BnBENNAIM accept any liability for accidents causing death, sickness or bodily harm howsoever caused. The Company and Owners deny any liability or claims in the event of incidents occurring whilst occupants or guests are under the influence of alcohol or any non - therapeutic drugs. The limitation of liability for any claim against the Company and the Owners of property for whatsoever cause is limited to the total amount of rental paid to the Company by the Client.
Clients acknowledge that by acknowledging these terms and conditions in the Company's inquiry form or booking request that they agree to be bound by the provisions contained herein and to accept liability for damages caused by them or their parties to Owners' properties. The rental agreement shall be governed by Israel law in every particular including formation and interpretation. Any proceedings arising out of or in connection with this contract may be brought in any court of competent jurisdiction in Israel.