Holisto (as defined and explained under Section (2) below (“About Holisto”), is the owner and operator of an online global booking platform of accommodations and additional travel related services and offers, offered through its websites and mobile apps (respectively “Website” and “App(s)” and, collectively the “Platform(s)”).
These Terms of Use, together with any specific terms presented on our Platforms that applies to certain services, benefits, or features we may offer from time to time (collectively the "Terms") governs the access to our Platforms, download of our Apps and the use of any Services available therein (as defined and detailed under these Terms) by any user (“user”, “you” and “your”). The use of our Services shall be further subject to the Additional Terms (as defined below) (the Terms together with the Additional Terms shall be collectively referred to herein as the “Agreement”). If there is any conflict between general and specific terms, the specific terms will apply.
These Terms further incorporate, and should be read in conjunction with, our Privacy Policy available at: https://www.traveluro.com/privacypolicy which constitutes an integral part thereof.
Each of Holisto and the user shall be further referred to herein as a “party” and collectively the “parties”. Definitions used under these Terms shall have the meaning assigned to them under this paragraph and Section (5) below (“Definitions”).
Please note that these Terms govern solely the access and use of our Platforms and Holisto’s Services. These Terms does not apply to the provisions of the Travel Service, which are governed by its Supplier’s terms and policies (including the Additional Terms) or to any Third Party Offers – as further explained under Section (10) below (“Third Party Offers”).
ARBITRATION NOTICE: These Terms contains a mandatory arbitration agreement – see Section (22) below (“Dispute Resolution”) that may apply to you (subject to applicable laws and exclusions set forth under Section (22) below). Please read that section carefully, since it may require you and Holisto to arbitrate certain disputes and limit the manner in which both parties can seek relief. Note you have the option to opt out if you have not previously agreed to arbitration.
Holisto Ltd. (DBA Traveluro) (Israeli registration number 515341535) is the operator and provider of the Services. We are supported internationally by our local subsidiaries and affiliated companies, including Holisto Inc. (Delaware registration number 6368309) (collectively, "Holisto", which term is deemed to include any subsidiaries and affiliates of "we" or "us"). These affiliated companies of our company group do not operate the Platform or provide the Service to you and your engagement under these Terms is with Holisto Ltd.
THESE TERMS ARE A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND HOLISTO. BY ACCESSING OUR PLATFORMS, DOWNLOADING OUR APP, CLICKING ON THE "I AGREE" OR SUCH SIMILAR BUTTON THROUGH SIGN-UP, OR SIMILAR ACTION, YOU ACCEPT AND AGREE TO THESE TERMS. BY MAKING A BOOKING OR PURCHASING OTHER TRAVEL SERVICE, YOU FURTHER EXPLICITLY AGREE AND ACCEPT THE ADDITIONAL TERMS. YOU REPRESENT AND WARRANT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS, AND WHERE APPLICABLE, TO THE ADDITIONAL TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS USE OUR SERVICES.
You further warrant that you are of legal competence and age to form a binding contract with Holisto, and in any case, at least 18 years of age and that you have all proper authorization, if you are acting on behalf of a corporation, to enter into the Agreement including the authority to bind such corporation to the Agreement (in such case, the term “user” and “you” will refer to such corporation). If the Service, or any part thereof, is determined to be illegal under the laws of your jurisdiction, you may not use the Service. In addition, you may not use the Services if you are located in a country which is subject to Israel, UK, EU, or US sanctions or embargo, or which has been designated a "terrorist supporting country", or if you are listed on any UK, EU, or US sanctions list or list of prohibited or restricted persons, including if you are listed or working on behalf of a Specially Designated National (SDN) or a person subject to similar prohibitions administered by a Unites States government agency.
Holisto reserves the right, in its sole discretion, to revise or modify these Terms at any time. You are responsible for reviewing these Terms periodically. If there are any significant changes that materially affect your rights or relationship with us, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your Account, or by posting a prominent notice on the Platform, prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Your continued use of the Service after a change or modification of these Terms has been made and became effective, as indicated under the “Last Updated” date above, will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Service and to terminate any Account (as defined below) you have created for use of the Service.
When we use the capitalized terms below throughout these Terms, they shall have the meaning ascribed to them under this Section, as follows:
“Account” your user account you have registered to and created on our Platform.
“Accommodations” means accommodation services and offers, such as hotels, guest houses, motels, etc., on behalf of the applicable Supplier.
“Additional Terms” means the information provided under a Travel Service Offer regarding the Travel Service prior to Booking or purchase, as applicable, and the information provided under the Confirmation.
“Booking” the completion of the Accommodation booking process by a user on the Platform, whether fully or partially paid upon completion of the process on our Platform or at a later stage.
“Confirmation” means, collectively, the notice sent confirming the completion of a Travel Service purchase, including, as applicable, where Accommodation Booking was approved and the Booking’s details.
“Content” means any content made available on the Platform, including text, articles, review, images, videos, logos, etc.
“e-Credit” an electronic credit granted to you as a reimbursement, refund or pursuant to a promotion (such as price guarantee as may be provided on our Platforms from time to time).
“Feedback” any feedback or suggestions regarding the Service you provide to Holisto.
“Login Information” means the information you will be required to provide when you create an Account, to be used for login, such as email address, a phone number, etc. and a password.
“Service(s)” means, collectively, the Platform, Content, Travel Service Offers, Booking and any and all services and features provided by Holisto made available on the Platform.
“Supplier” means, collectively, our third-party suppliers providing the Travel Services which are the subject of the Booking Offers, which may include the direct operators, owners or providers of Accommodations or any other service or products (“Service Providers”), or other third parties that acts as either an intermediary between us, you and the Service Provider or a reseller of such Travel Services.
“Third-Party Offers” means third parties’ services and products which might be presented on the Platform, to be obtained by users directly from such third parties, whether the user is directed from our Platform to third party’s websites or other digital assets, where the purchase is made directly from the third party on a webpage operated by the third party or webpages hosted under our domains, or any other manner.
“Travel Services” means the Accommodation service or other Travel Offer booked or purchased by you on our Platform and made available or provided to you by the Supplier (excluding Third Party Offers).
“Travel Service Offers” means, collectively, all offers of Travel Services on behalf of our Suppliers made available for purchase, including Booking (“Booking Offers”), by users on the Platform from time to time (excluding Third Party Offers).
(A) Our Services
(1) Booking Offers and other Travel Services Offers
Holisto has developed a unique online platform allowing Suppliers to offer and promote their Travel Service Offers and users to book Accommodations, or other services or products we may make available for purchase by users on the Platform from time to time, at our discretion. Our Services enable you to search the applicable Accommodation that fits your needs or preferences, based on filters we may make available from time to time such as location, type, availability, budget, etc. Once you choose the Booking Offer you are interested in, you can complete the Booking process through our Platform. In addition, you may complete purchase of other Travel Service Offers we make available from time to time, at our discretion.
The Platform only shows Travel Service Offers on behalf of Suppliers that have a commercial relationship with us, as they have been made available to us by their respective Suppliers, and it doesn’t necessarily show all their products or services and we do not list, present or offer all travel offers available in the market.
The Booking Offers, which we will list based on your filters, are sorted by default based on our discretion and internal criteria mainly in accordance with the conversion rates of such Booking Offers – meaning according to the number of Bookings made in the previous months, however we enable you to sort your Booking Offer results as relevant to your preferences as possible based on other criteria such as price, users’ rating, etc.
All information related to and describing the Travel Service Offers, including its details, photos, rates, availability and the relevant Additional Terms (such as terms of use, restrictions, requirements, cancellation policy, etc.) is displayed by us as provided by their respective Suppliers. The Suppliers are responsible for ensuring that such information is accurate, complete and up to date and although we make reasonable efforts to ensure that such information is accurate, we cannot always guarantee that it is so, and accordingly, we assume no responsibility, will not be liable, and you hereby expressly release us from any such responsibility or liability, for any loss, damage, fees and expenses, or other issues arising due to any inaccuracy, omission or incorrect or misleading information in the description of any Travel Service Offers.
In addition, and without derogating from the above, we make no guarantees about the availability of specific Booking Offers. Any rating we may display is further intended as guidance only, may not be an official rating, and where applicable, is as provided on third party platforms, according with their own terms, policies and methodology and we make no warranty in this regard. Photos and illustrations on our Platforms are also provided as a guide to show you the level and type of Accommodation only and we do not provide any warranty regarding its accuracy. In addition, we make available on our Platform certain Content related to travel experience, Accommodation rating, users’ reviews, etc. All such Content is provided for solely for informative purpose and should not be used or relied upon as any type of advice (please see additional information under Section (11) “Platform Content”).
We may further make available VIP package for support services, which will afford you with our enhanced and priority customer support service. The VIP package is offered at an additional price, detailed in the Booking checkout and payment page.
(2) User Account
To access or receive certain Services, you may be required to create an Account on our Platform. During the process of creating an Account you will be required to provide the Login Information (i.e., name, email, password, phone number, social login etc.). You may not share your Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of, or reasonably suspect, any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Holisto and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses and actions made using your Login Information, whether or not authorized by you. You acknowledge that your Account may be suspended or terminated if you or someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.
Any personal information you provide to us when creating or updating your Account, will be held and used in accordance with Holisto's Privacy Policy available at https://www.traveluro.com/privacypolicy. You agree that you will provide accurate and complete information to us, and that you will update that information promptly after it changes. You represent and warrant that you have full right and authority to provide Holisto with the foregoing information, including, without limitation, any third party's consent (to the extent required under any applicable law).
(B) Travel Services
Please note that we provide only our Service, and the Travel Service is provided by the applicable Supplier and not by us. The provisions of the Travel Services and its related terms, rights, requirements and restrictions, are subject solely to the Supplier’s terms, polices and discretion and under its sole responsibility and liability. We are not a party to the terms between you and the Supplier. A purchase of a Travel Service, including Booking of Accommodation, is made directly with a third-party Supplier and not with us. We are not a ‘contractual party’ to the Travel Service. Any complaints, claims or demands that you have in connection with any of the foregoing, should be taken up directly with the Supplier of the Travel Service for which a purchase or Booking was made. You may request our assistance in resolving any issues or disputes in connection with any of the foregoing, and we may (but in no manner are we obligated to) provide you with appropriate assistance.
(A) Confirmation and the Additional Terms
Once you have completed a purchase of a Travel Service, including completion of Booking, we will provide the Supplier with details of such purchase and Booking. We will send you a Confirmation once your purchase, and where applicable Booking, is confirmed by the Supplier.
It is your responsibility to:
(B) Payment
All Travel Service Offers are subject to applicable fees, in the amounts and on the payment terms, as detailed in the Additional Terms.
(1) Upfront Payments
Fees, rates and payment terms for each Travel Service Offers are as determined by its respective Supplier and shall be detailed under the Additional Terms displayed prior to completion of purchase or Booking.
(2) Deposit
Certain Bookings will allow you to place a deposit with Holisto, on account of the overall payment to be made for such Booking. This deposit will allow you to maintain the Booking Offer price displayed upon Booking, while paying the remainder at a later date. The deposit will be used only as an advance on the payment to be made for the Booking and for no other purpose. The deposit will be charged upon completion of Booking, and the remainder of payment for the Booking Offer will be charged on the date the Booking Offer becomes non-refundable or non-cancelable. THE DEPOSIT IS NON-REFUNDABLE, IN ANY EVENT, EVEN IF THE TERMS OF THE BOOKING OFFER ALLOW FOR A REFUND. Accordingly, please note that if you fail to pay the full amount for your Booking (including if we are not able to charge your payment method), in a timely manner, as required by the Additional Terms of such Booking Offer the deposit will not be refunded and the Booking will be cancelled without any reimbursement. For the avoidance the doubt, in case of cancellation, no refund will be provided, neither e-Credit nor any other form of reimbursement.
(3) Other Holisto Services or Payments
Charges for our VIP package, or if you otherwise voluntarily choose to add a cash tip upon purchase or Bookings, will be at the rate presented or otherwise chosen upon completion of the purchase and Booking, and charged in full upon completion. Please note that payments you made in connection with such additional services detailed above or cash tips, are non-refundable in any event, even if you cancel the purchase or Booking, as applicable.
(4) Additional Requirements or Fees by the Accommodation Service Provider
During check-in for Accommodation, the reservation holder must provide a valid photo ID and credit card. The credit card is essential for covering any extra accommodation provider-specific service fees, incidental charges, or fees that the Accommodation Service Provider may impose on the customer at the time of checkout. These charges, whether they are mandatory (e.g., resort fees) or optional (such as parking, phone calls, or minibar charges), are not encompassed within the room rate presented under the Booking Offers unless explicitly specified otherwise under the Additional Terms. In addition, to cover these potential costs, Accommodation Service Provider might hold a refundable amount (usually called either an “incidental deposit” or “security deposit”) at check-in. We don’t have any control over such amounts or the terms and conditions thereof, and such is subject entirely on the applicable policies of the Accommodation Service Provider. We urge you to familiarize yourself with any such policies, prior to making a Booking.
(5) Charges, Tax, Currency & Payment Processing
If any or some of the payment is made as part of the purchase or Booking through our Platform, we will be responsible for managing your payment and ensuring the completion of your transaction with the Supplier. Otherwise, and depending on the Supplier’s terms and policies, you may be able to pay when you arrive or otherwise use the Travel Service (e.g., check in or check out of your Accommodation).
Holisto is not responsible for any charges or expenses you incur as a result from being billed by Holisto in accordance with the Agreement.
Unless tax is otherwise specifically detailed or otherwise explicitly stated it is included in the price, and subject to applicable laws, all fees payable by you are exclusive of any applicable taxes and duties, including, without limitation, VAT and applicable sales tax.
Unless otherwise explicitly stated upon Booking, fees are quoted and payable in the currency presented upon completion of purchase or Booking. However, in case there are additional fees to be paid directly to the Supplier, such will be charged by the Supplier at check-in in accordance with its own exchange rates and currency polices.
To process your payments and ensure ability to charges applicable amounts for Travel Service upon Supplier’s confirmation, we may conduct a pre-authorization, meaning, we will temporarily hold the payment amount on your credit card until we will receive Supplier confirmation and charge such amount upon such confirmation. You acknowledge this process is standard commercial practice to ensure ability to charge for the Travel Service you have obtained, and you will have no claims, nor will we bear responsibility for any damage or loss in the event the Supplier will not confirm your purchase or Booking.
Fees and any payments are based on the Travel Service purchased and not actual usage.
You hereby agree and acknowledge that any payments made by you on the Platform might be billed, paid to and collected by certain Holisto’s subsidiaries who act as merchant of record for the purposes hereof. Nevertheless, any and all communications related to payments, refunds, payment terms and the like, should and may only be made through Holisto, in accordance with the relevant provisions hereof.
Payments made on the Platform are processed through a third-party payment processor, and subject to the payment method made available by us, at our discretion. In the event of credit card fraud or unauthorized use of your payment method through your Account by third parties, please immediately contact your payment method provider. In addition, you agree: (a) that the services of payment processors may be used to process transactions; (b) to review and be bound by the payment processor's terms of use and privacy policy; (c) to only provide valid and current information for yourself and use only your payment method or otherwise a payment method you are fully authorized to use; and (d) that all payments made are final and non-refundable, except only as explicitly provided under the Agreement. You acknowledge that you may need to hold, or register, an active account with the payment processor.
You do not have an automatic right to cancel or change a purchase made, including Booking unless explicitly stated under the Additional Terms or applicable laws.
Some Travel Service Offers, including Booking Offers, cannot be cancelled for free, while others can only be cancelled for free or for partial payment before a deadline. Please note that where the Travel Service Offer is non-refundable, you are also not able to amend its details such as dates, etc.
Please read any applicable Additional Terms carefully, including the cancellation policy.
If you cancel a Booking or fail to show up, any cancellation/no-show fees and any refund will depend on the Travel Service Supplier’s cancellation/no-show policy set forth under the Additional Terms.
Any request for a refund for a purchase of a Travel Service, including Booking made, will be subject to these Terms, the Additional Terms and applicable laws.
Once we receive your request for cancelation or a refund, we will inspect it and notify you of its status.
If your Booking is subject to an upfront payment (in full or partially) (including all price components and/or a deposit if applicable), we or the applicable Travel Service Supplier may cancel the Booking without notice if we cannot collect the payment amounts due on the applicable date specified. Any non-refundable payment you have made will only be refunded at the Travel Service Supplier’s discretion and subject to its refund policy. It's your responsibility to make sure the payment goes ahead on time.
If you think you are not going to arrive on time to fulfill the Travel Service (whether the check-in time was detailed under the Additional Terms or in cases you were required to check the check-in window with the Accommodation website) you must contact the applicable Accommodation Service Provider directly and inform when they can expect you, so they don't cancel your Booking. If you do not show at the check-in time windows, without early notice and approval by the Accommodation, then, at the Accommodation Service Provider’s discretion, this might be considered as a no-show. This further applies if you do not intend to check-in for the first night of your Accommodation Booking, however plan to check in for the subsequent nights - please confirm this with applicable Accommodation Service Provider before the original check-in date. If you do not confirm this, then your whole Booking may be cancelled.
Holisto is not responsible for any taxes, levies, charges or expenses of any kind (including without limitation any cancellation fees) you may incur as a result of any payment made by you pursuant to your use of the Service or through the Platform. In addition, we are not liable for any consequences (such as the cancellation of your Booking, or any fees that you may be charged) in connection with your failure to cancel Booking in accordance with the Additional Terms or applicable laws, arrive on time, for your no-show or where payments cannot be processed.
Certain Additional Terms will provide for a refund (or a partial refund, as applicable) in e-Credits, instead of cash. Such e-Credits are credits that can be utilized with certain Suppliers, in lieu of cash, in order to pay for Travel Services of such Suppliers, within a certain timeframe, in accordance with the respective terms of the e-Credits. In addition, e-Credit might be also granted by us in other events, at our discretion. The specific terms applicable to e-Credits are specified in the terms presented to you through our Platform, and you are required to read those carefully.
In addition, unless otherwise explicitly stated under the terms presented on pour Platform, including the Additional Terms, in the event you are granted with an e-Credit, the following terms shall apply:
Our Platform may include a description of Third Party Offers related to travel experience. These Third-Party Offers can be obtained or otherwise purchased by you solely directly from their third-party providers. When you obtain such Third Party Offers, regardless if you are redirected from our Service to the third-party providers of such Third Party Offers websites or to webpages or websites hosted under our domains, please note that such engagement will be with the third-party provider and not with us and subject only to such third-party provider’s own terms and polices, which we do not monitor or control, and we advise you to carefully review them to ensure you understand the details and terms of the Third Party Offers. We are not responsible for such Third Party Offers and we have no liability to you in respect of such purchase or Booking.
You agree that Holisto will not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings with providers of Third Party Offers or as the result of the presence of such Third Party Offers on the Service, including, for the avoidance of doubt any dealings with third party vendors or merchants which were referred in any suggestions or recommendations provided through or within the Service.
(A) Content Disclaimer & Inaccuracies
We may further make available on our Platform certain Content related to the Travel Service, travel experience, etc. All such Content is provided solely for informative purposes and should not be used or relied upon as any type of advice.
We attempt to provide accurate Content, including descriptions of the Travel Service, information, products, services and prices. However, we cannot and do not warrant that descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. More specifically, we do not guarantee and expressly disclaim and liability in connection with errors or inaccuracies related to the description and pricing of the products and services presented on the Platform, including without limitation, Travel Services description, and the pricing and photographs thereof.
It should be noted that some of the Content presented on the Platform, especially information regarding pricing and availability, is based on information that we receive from third parties. While we make reasonable efforts to verify the accuracy of such information, it may include errors and inaccuracies or be based on availability. Therefore, we do not assume any liability in connection with such information and reserve the right to cancel any Bookings or purchase made in connection with such inaccurate information. SUBJECT TO APPLICABLE LAWS, WE RESERVE THE RIGHT TO CORRECT PRICING ERRORS ON THE PLATFORM OR CANCEL BOOKINGS OR PURCHASE MADE UNDER AN INCORRECT PRICE. In case of a cancellation, you will not be charged for the purchase, Booking, or cancellation of any product or service. In cases in which you made any advance payment towards a cancelled transaction, we will refund such payment to you.
IT SHOULD BE NOTED THAT ALL THE TRAVEL SERVICE OFFERS PRESENTED ON THE PLATFORM AT ANY TIME AND FROM TIME TO TIME, AS WELL AS THEIR RESPECTIVE PRICING, ARE LIMITED IN QUANTITIES AND SUBJECT TO AVAILABILITY. WE DO NOT ENSURE THE AVAILABILITY OF TRAVEL SERVICE OFFERS AND MAKE NO GUARANTEES ABOUT SUCH AVAILABILITY. We and our Suppliers receive multiple orders and Bookings simultaneously and therefore, in some cases, orders and Bookings may exceed the quantities available for sale. We reserve the right to cancel Bookings and orders in case that the Travel Service Offers are no longer available or in the event that they are no longer available at the price presented on the Platform. In case of a cancellation, you will not be charged for the Booking, purchase, or cancellation of any product or service, or, as applicable, in cases which you made any advance payment towards a cancelled transaction, we will refund such payment to you. In cases in which you used e-Credit as an advance payment towards a cancelled transaction, we will refund such e-Credit to your Account.
(B) Reviews
Any users or Accommodation visitors’ reviews are generated from third parties’ reviews platforms and subject to their own policies, including their own publication, scoring, rating and ranking policies. Such reviews are provided on our Platform for informative purposes only with no other guarantee, including as for its accuracy or reliability. We do not monitor such reviews in any manner.
(C) No Recommendation or Endorsement
We do not recommend or endorse any Travel Service, Supplier, Third Party Offer, and no other specific product, service, ratings, opinions, or other information that may be included on the Platform. We make no representations regarding the amenities offered by any Travel Service or characteristics or features of any other products or services presented on the Platform.
The Service may contain links to other websites or resources. These linked sites or resources are not under the control of Holisto. Holisto is not responsible for the contents of any such linked sites or resources. Holisto is not responsible for webcasting, or any other form of transmission received from any linked site. The inclusion of any link does not imply endorsement by Holisto of any website, service or any association with its operators. You acknowledge and agree that Holisto does not review, monitor, or endorse the linked sites and will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or service available on or through any such website, service or resource.
You represent and warrant that you have the full right and authority to use the Service and to be bound by these Terms and the Additional Terms, as applicable. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Service. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct.
You undertake that you shall not defraud, or attempt to defraud, Holisto, Travel Service Suppliers or other users, and that you shall not act in bad faith in your use of the Service. If Holisto determines that you have acted in bad faith or in violation of these Terms, or if Holisto determines that your actions fall outside of reasonable community standards, Holisto may, at its sole discretion, prohibit you from using the Service, including to terminate your Account. You may also lose any money paid for such use, and Holisto may debit your Account for any reasonable costs incurred as a result of such violation, including but not limited to legal fees and administrative expenses. You agree that your use of the Service is solely for your personal non-commercial use and purposes. In furtherance of the foregoing, and as an example and not as a limitation, you agree that:
You shall not:
Without derogating from any of the foregoing, you hereby agree that any Booking must only be made for the purpose of actually staying in the Accommodation for which such Booking is made, and not for any other purposes whatsoever, including for the purpose of test bookings, room blocking and the like. Any such Booking made in violation of the foregoing shall be deemed a material breach of the Terms and shall entitle us to terminate your Account and prohibit you from using the Service, as well as to all other remedies available to us hereunder or under applicable law or contract.
Holisto and/or its affiliates or licensors retain all rights, title, and interest, including copyrights and other intellectual property rights, in the Service, Platform and Content (including, but not limited to, applications, software, code, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively “Service Materials”). The entire Service Materials are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Holisto's explicit, prior written consent. All other uses of copyrighted material, including any derivative use, require explicit prior written consent from Holisto. Any reproduction or redistribution of Service Materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account or block the ability to use our Services.
You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
You are not required to provide Holisto with any Feedback. However, should you provide Holisto with Feedback, including for the modification, correction, improvement or enhancement of the Service or any part thereof, then, subject to the terms and conditions of these Terms, you hereby grant Holisto a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such Feedback in any manner Holisto chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Holisto's and its sublicensees' products and content embodying such Feedback in any manner and via any media Holisto chooses, but without reference to the source of such comments or suggestions.
Some of the Content on the Platform is owned by GIATA, Copyright GIATA 2015-2024, client ref. 126221. Upon request, we will notify you, with respect to any specific Content to which such request applies, whether or not such Content is owned by GIATA.
These Terms shall remain in effect until terminated by you or the Company.
You may terminate your use of our Services at any time, without notice and for any or no reason by ceasing your use of the Services, and where applicable, request to terminate your Account.
We may, at any time, suspend, limit or terminate your use of the Services (temporarily or permanently) or access to your Account and these Terms. Subject to applicable laws, we may do so for any reason, in our sole discretion, and for example and without limitation, in the event we reasonably determined you are in breach of these Terms, in a fraudulent matter or breach of applicable laws, or may cause us, you or any third party with potential damage or fault (for example due to security threats, or where we suspected your credentials were compromised, etc.), if we are updating or conducting maintenance or other repairs that affect our Services, if it is needed in order to comply with our legal obligations; if we are prevented from providing the Services for any reason beyond our reasonable control.
If you violate the Terms, Holisto reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of your Account. You agree that Holisto does not need to provide you with notice before terminating or suspending your Account, but it may provide such notice in its sole discretion.
If your Account, or a particular subscription for a Service associated with your Account, is terminated, suspended due to your breach of the Terms, no refund will be granted or other forms of reimbursement, and you will have no further access to your Account or the Service (or any part thereof).
If Holisto terminates your Account, you may not participate nor make use of the Service again without Holisto's express consent. Holisto reserves the right to refuse to keep Accounts for and provide access to the Service or any future service or any part thereof to any individual. You may not allow individuals whose Account has been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: contactus@traveluro.com.
Any termination or suspension as set forth above, will be without responsibility or liability to you.
Upon termination of these Terms, you shall cease all use of the Services and, where applicable, uninstall the App from your device. Please note that deleting the App from your device or terminating these Terms does not terminate your engagement with the Supplier of Travel Service or cancels your Bookings, as such shall be subject to cancelation provisions as set forth under the Agreement.
Any provisions under the Agreement which are intended by their nature to survive termination or expiration of the Agreement, including any liability incurred by you prior to termination (such as payment obligations) shall survive termination.
Holisto cannot guarantee that the Service will always function without disruptions, delay or errors. Number of factors may impact the quality of your communications and use of the Service and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. Holisto will make reasonable efforts to maintain the quality of the Service but takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
We make no warranties or representations about the accuracy or completeness of the Service and Content and, to the fullest extent permitted under applicable laws, assume no liability or responsibility for any:
WE EXPLICITLY DISCLAIM AND ASSUME NO RESPONSIBILITY FOR THE PROVISIONS OF THE TRAVEL SERVICES AND THIRD-PARTY OFFERS.
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER CONTENT OR SERVICE MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY OFFENSIVE OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT DESPITE THE EXPLICIT PROVISIONS OF THIS PARAGRAPH, WE ARE FOUND LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OUR MAXIMUM LIABILITY FOR ANY SUCH DAMAGES OF ANY KIND, SHALL NOT EXCEED US$100.
You are solely responsible for preserving the originals of any content or data you provide or upload to the Service or provided through the Services. Holisto does not guarantee that any content will always be available through the Service. Do not rely upon the Service as a storage space for such content.
Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by “Force Majeure” meaning. circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, embargo, accident, labor disputes, or shortage of material, equipment or transport, any law, regulation, or any ruling of court, tribunal or governmental agency.
Nothing in these Terms will limit our liability if such liability cannot be lawfully limited or excluded, including where you are protected by mandatory consumer protection laws and regulations, which guarantee that certain of your rights cannot be overruled. To the extent permitted by law, the most that we will be liable for is your reasonably foreseeable losses or damages in connection with your use of the Services.
You agree to indemnify and hold us, and each of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of and access to the Service in violation of these Terms.
While using the Service you may encounter copyright infringement. Please see the procedure for making claims of copyright infringement set forth below. Our policy is to respond to notices of alleged copyright infringement in accordance with the procedure described below.
If you believe that your material or anyone else's material has been used or published in the Service in a way that constitutes copyright infringement, or your or anyone else's intellectual property rights have been otherwise violated, please provide us with a formal notice in accordance with the procedure set forth herein and containing the following information:
Please note that we reserve the right to send any notice we receive to a third-party and to post your notice in place of any removed content, provided that such sharing complies with applicable privacy laws and is necessary for the resolution of the matter. We will respond to or take action on all complete notices in a timely manner and reserve the right to communicate with you via email or other means.
If we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written notice in accordance with the following procedure that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any content or activity is not infringing the copyright rights of others. If you are not sure whether certain material infringes the copyright of others, we suggest that you first contact an attorney. Please provide us with a formal signed counter notice containing the following information:
Please send the written notices to: contactus@traveluro.com
We reserve the right to update, modify, add or remove features and functionalities of the Platforms and Services, or any part thereof, as well as suspend or discontinue, temporarily or permanently, the Services or any part thereof, at any time, with or without notice and without liability to you.
You acknowledge that we may from time-to-time issue upgraded versions of the App and may automatically electronically upgrade the version of the App that you are using on your device. You consent to such automatic upgrading on your mobile device.
We have no obligation to you to provide any updates or upgrades or support a certain version or continue to provide or enable any features or functionalities of the Services to you or to users generally. Without derogating from the above, where we are required under applicable laws, the above shall apply solely to new features and functionality which are priced separately or future products.
All updates or any other modifications will be deemed to constitute an integral part of the Services, and subject to the terms and conditions of these Terms.
Your use of maps available on our Service is governed by, as applicable, the Google Terms of Use, Google Acceptable Use Policy, Google Legal Notices and Google Privacy Statement and the Microsoft Terms of Use and Microsoft Privacy Statement. Google and Microsoft reserve the right to change their terms of use and privacy statements at any time, at their sole discretion.
You hereby acknowledge that these Terms are concluded between you and Holisto and not with the operator of the application store from which you are downloading our App (i.e., Apple App Store or Google Play, hereinafter “Application Store”). The Application Store may have additional rules, terms and policies which also govern your download of the App to your device, and you are further responsible to review and comply with such terms and policies.
If you use the iOS App, you acknowledge the following: (a) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (b) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, where applicable; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility (subject to the provisions of these Terms); (c) Holisto, and not Apple, is responsible for addressing any claims of users or any third party relating to the App or the end user’s possession or use of that App including, but not limited to product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation; (d) in the event of any third party claim that the App or the user’s possession and use of the App infringes that third party’s intellectual property rights, Holisto, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim (subject to these Terms). You further acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms with regards to your use of the iOS App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against the user as a third-party beneficiary thereof.
When you access and use our Services, we will collect, store and use certain information regarding you and your use of the Services. We will use and process personal information in accordance with our Privacy Policy available at: https://www.traveluro.com/privacypolicy, as may be updated from time to time.
Holisto may use your contact information and additional information you provide us (including personal information, as defined under our Privacy Policy) to send you communications by email, short message services (SMS) or call you in matters related to the Service (including your Account thereunder), including confirmation to verify the accuracy of any information you have provided and to provide any instructions or assistance related to the Service and/or your use thereof. Holisto may also send emails to you to verify your respective identity and/or to notify you if Holisto believes your use of the Service violates any applicable agreement between you and Holisto related to the Service. Holisto may occasionally contact you, typically by email, to notify you of information that might affect your use of the Service (such as errors in your orders etc.).
Additionally, subject to applicable laws, we may send you messages regarding, among other things, new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may at any time opt-out of any of these promotional or marketing communications by following the instructions provided in the communication or by contacting us directly (however you will still receive operational notices).
The Service may provide communication channels such as chats, call centers, etc. designed to enable you to communicate with us. Note that some communication channels might be operated by AI tools and chat bots. You may also further contact us as set forth below.
PLEASE READ THE PROVISIONS OF THIS SECTION (22) THOROUGHLY. THIS SECTION REQUIRES THAT ANY AND ALL CLAIMS BETWEEN YOU AND HOLISTO RELATED TO THESE TERMS, OUR PLATFORM, SERVICES, CONTENT, AND ANY RELATED CLAIMS, WILL BE RESOLVED BY BINDING ARBITRATION (EXCEPT FOR THE SPECIFIC EXCLUSIONS SET FORTH HEREIN) AND IT PREVENTS YOU FROM PURSUING A CLASS ACTION OR SIMILAR PROCEEDING IN ANY FORUM AGAINST HOLISTO DUE TO SUCH CLAIMS.
(A) Arbitration Applicability, Exclusions and Jurisdiction
In the event of any claim, dispute, or controversy arising out of or relating to the Agreement, the Platform, Services, Content, or any engagement between you and Holisto (including any of its affiliates or subsidiaries), such dispute shall be resolved exclusively by arbitration in accordance with the paragraphs set forth below, except that you and us may assert claims on an individual basis in small claims court if we qualify. This includes any claims that arose before you accepted these Terms and the arbitration agreement.
Arbitration is required if your country of residency enforces arbitration agreements, including without limitation, the United States. If you are outside the United States but attempt to bring a claim in the United States, this arbitration shall apply for determining of whether this dispute resolution section applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law.
If your country of residence does not enforce arbitration agreements, or in any other event this arbitration agreement does not apply or is not enforceable, all other provisions under this Section (22) will apply to the fullest extent permitted by law and the dispute shall be subject to the exclusive jurisdiction and venue of the federal or state courts located in New York City, New York, and both you and Holisto hereby irrevocably submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue.
Except as otherwise provided herein, to the maximum extent permitted by applicable law, the Agreement, as well as all claims, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to any conflicts of laws rules, except to the extent preempted by or inconsistent with federal law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
(B) Mandatory Pre-Arbitration Notice and Dispute Resolution
Before either you or Holisto commence arbitration, the claimant must first send to the other a written notice of dispute (“Dispute Notice”). The Dispute Notice to Holisto should be sent by email to contactus@traveluro.com. The Dispute Notice to you will be sent to your mailing or email address provided through the Services, or other appropriate method. The Dispute Notice must include your name, address, email address and phone number as well as describe the nature and basis of the claim or dispute; and the specific relief sought. Following such Dispute Notice the recipient must be provided with 60 days after receipt of a complete Dispute Notice to investigate the claim and the parties shall discuss, in good faith, to reach a mutually agreeable solution or any extensions. Any arbitration proceeding cannot be commenced until the aforesaid period has ended.
(C) Arbitration Rules
The Federal Arbitration Act (“FAA”) applies to this arbitration agreement and applies to and governs all questions regarding the interpretation and enforcement. The arbitration will be administered by the American Arbitration Association (“AAA”), before a single arbitrator and in the English language, in accordance with the AAA Consumer Arbitration Rules available at: www.adr.org. (“AAA Rules”), as modified by this arbitration agreement. Unless you and Holisto expressly agree otherwise in writing or an arbitrator concludes that another location is appropriate, the arbitration shall take place in-person in New York City, New York, the arbitrator shall apply the applicable law of the of the State of New York, regardless of conflict of laws principles. Foreign laws do not apply. The arbitrator may also hold hearings by telephone or videoconference or decide issues on the basis of papers submitted by the parties, as the arbitrator deems appropriate, consistent with fairness to the parties. The arbitrator shall follow applicable law, and except as specified herein, can award the same individualized remedies that a court can award. The arbitrator may consider rulings in other arbitrations, but an arbitrator’s ruling will not be binding in proceedings involving different customers. The arbitrator’s decision must be in writing and will include the essential findings and conclusions upon which the award is based. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event any litigation should arise between you and Holisto in any court in a proceeding to vacate or enforce an arbitration award, YOU AND HOLISTO HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL. Payment of all filing, administration, and arbitrator fees will be governed by the AAA rules.
(D) Arbitration Opt-Out
You can choose to reject this agreement to arbitrate (“opt-out”) within fourteen (14) days after the date you agree to an arbitration provision for the first time, by emailing Holisto at: contactus@traveluro.com. If you have previously agreed to arbitration, then you may not opt out of arbitration entirely, but you may opt out of any changes to the arbitration provision within 30 days of receiving notice of the revision. The opt-out email you send to us must state that you seek to opt out of this agreement to arbitrate (or revisions to this agreement to arbitrate) and must include your name, address, phone number, and email address.
(E) No Class Actions or Representative Proceedings
YOU AND HOLISTO ARE HEREBY EACH IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY, AS WELL AS THE RIGHT TO PARTICIPATE (FOR EXAMPLE, AS A CLASS REPRESENTATIVE OR CLASS MEMBER) IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER CLASS-WIDE OR REPRESENTATIVE ACTION OR PROCEEDING. CLAIMS MAY BE BROUGHT ONLY IN YOUR AND HOLISTO’S INDIVIDUAL CAPACITY.
(A) Entire Agreement.
The Agreement represents the entire agreement between Holisto and you with respect to the subject matter hereof and supersedes and replaces any and all prior and contemporaneous oral or written agreements and understandings between you and Holisto with respect to such subject matter. You confirm that in entering into the Agreement you have not relied on any statement or representation not expressly set out in the Agreement. The section headings in these Terms are for convenience only and may not be used for interpretive purposes.
(B) Severability.
If any provision of the Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
(C) Waiver.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under the Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
(D) Assignment
We may assign these Terms (or any of its rights and/or obligations hereunder) to any third party without your consent, without notice, and without any other restriction. We may further, from time to time and at our discretion, subcontract the performance of our obligations under these Terms. These Terms are personal to you, and you may not assign or transfer the Terms (or any of your obligations or rights hereunder) without our express prior written and signed consent. At Holisto’s discretion, any of our obligations hereunder may be performed, and any of our rights or remedy may be exercised, by a subsidiary and/or affiliate of Holisto.
For any questions about these Terms or any other issue regarding Holisto or the Service please contact us at:
Holisto Ltd
Address: Sderot Nim 2, Rishon Lezion, Israel, 7546302
Holisto Inc
177 West Putnam, Greenwich, CT 06831
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