Car Rental Contract in Israel

The contract rats

The contract rates change periodically including the rats of handling fee of traffic tickets, travel on toll roads and other charges, those will be according to the rats, which appear in the first page of the rental contract at the time of the rental.

CONDITIONS OF A CAR-RENTAL CONTRACT IN ISRAEL

1. With our signature we confirm that the company may endorse parking tickets to us and charge our credit card with any fine, fee, road toll or levy imposed on the car in the course of the rental period, as well as any related handling fee as per the above price list. We authorize the company to collect such handling fee immediately upon receiving the ticket and/or fine and/or fee, even if the payment will be paid by us directly..

2. A renter who returns a rented vehicle with a gas tank containing less the amount of gas that was in the vehicle on the date of collection will be charged for refueling according to the full-service price-list before VAT at stations of Paz Ltd. that is in force at the time, plus handling fees in the amount of 58% with the addition of VAT.

3.I am aware that regarding any loss and/or damage to the vehicle resulting from failure to lock the vehicle without activating the means of protection, and/or when the protection is not functioning, and/or by leaving the vehicle with the keys inside it and/or leaving the protection code-number visible, I will be liable to pay full compensation for the full damage and/or loss caused as a result.

4.If the vehicle is not returned by the due-back date, and in the case of renewed monthly rentals, my signature below will be deemed to be my signature on any additional rental agreement and/or a continuing rental and/or an extension of the rental for an unlimited period, and as attesting to my consent for my credit card or any other form of payment to be debited each month in connection with rental of the vehicle. In such a case, the rental terms will be considered as continuing until the vehicle is returned (except in the  case of a change in the tariff), even if my signature does not appear on additional rental agreements.

5.With my signature below I confirm that I have read all the rental terms, the price tariffs, and the instructions appearing in all pages of the Agreement, including my undertakings for payment, and that I received a copy of the Agreement and after I understood its content and significance, I hereby agree to them. I authorize the company to charge my credit card for any amount for which I am liable under the terms of the Agreement, and also in the event that the amount exceeds the amount of the deposit,. If the renter is a corporation, I, the undersigned personally guarantee payment of the renter's debts.

Signature of the renter: ___________  Signature of the driver: ____________

Handled by Hertz representative: ______________

Conditions of Rent
Kesher Rent-A-Car Ltd., Private Company No. 520039876 (“Kesher”) rents the Vehicle to the Renter subject to all of the conditions, provisions and tariffs that appear on all of the pages of this Agreement.  In this Agreement, the following definitions shall apply: The “Website” – Kesher’s website at the following address: www.hertz.co.il; the “Vehicle” – the vehicle that appears in this Agreement or any other substitute vehicle that may be given to the Renter in its place; the “Renter” – the driver and/or the additional driver and/or the owner of the credit card whose details are provided to Kesher and/or any person who is a signatory to this Agreement; a “Rent Day” – 24 hours after the time of execution of this Agreement; “Authorized Driver” – the Renter and/or the driver and/or the additional driver and/or any person authorized in advance and in writing by Kesher; the “Term of the Rent” – the period commencing on the date of delivery of the Vehicle until the date of actual return of the Vehicle to Kesher.   

1. Reservation, Delivery and Return of Vehicle
The Vehicle is being delivered to the Renter for a pre-determined period, in general good condition and without any defects and/or deficiencies, except for those that have been marked on the Form of Delivery of the Vehicle.  The Renter undertakes to make reasonable use of the Vehicle in the manner of a cautious owner who is protective of his property and to return it to Kesher in the same condition, at the place and estimated date of return that are set out in this Agreement.  The Renter shall not be entitled to effect any service and/or repair to the Vehicle, with the exception of the repair of punctures, and shall not be entitled to make any alteration, installation, replacement or addition to the Vehicle.  Without derogating from the aforesaid, any service, repair, alteration, replacement or addition to the Vehicle shall be at the exclusive expense and liability of the Renter and he shall bear all of the damage that may be caused as a result of such.  For a vehicle that is returned in a manner that requires special cleaning and washing, including a vehicle in which someone one smoking, the Renter shall be charged with the cost of such special washing.
Returning the vehicle before the estimated return date is allowed without prior notice, during the location’s operating hours. In such case, as long as the rental agreement is on a daily/weekly rate basis, the renter will be charged for the actual number of rental days multiplied by the daily/weekly rate in effect at the time of vehicle return, In the event of the rental agreement being on a monthly basis:
• If the rental vehicle is returned early during the first month, the renter will be charged for the actual number of rental days multiplied by the daily/weekly rate in effect at the time of vehicle return, or the full monthly rate (30 days) – whichever is lower.
• Starting form the second month, the daily price in relation to the monthly rate will be calculated by dividing the monthly rate by 30 and multiplying by the actual rental days – regardless of the number of days in the month of the calculation.
The Renter must obtain the prior, express consent of Kesher for any request to extend the Term of the Rent or to delay in returning the Vehicle, without derogating from Kesher’s right to update the rental and/or the rent tariff for the extended Term of the Rent, at its exclusive discretion, should it grant its consent to extension of the Term of the Rent.  Even if Kesher’s consent to extension of the Term of the Rent or to delay in returning the Vehicle is obtained, for a delay of up to 3 hours, each hour shall be charged in accordance with one third of the daily price that is in place at such time; for a delay of more than 3 hours and up to 24 hours, the Renter shall be charged with the cost of one full rent

 day in accordance with the daily price that is in place at such time; for every additional day of delay or part thereof, the Renter shall be charged with the cost of one full rent day in accordance with the daily price that is in place at such time.  If the Rent is on the basis of a monthly tariff, the daily price shall be calculated in proportion to the monthly tariff by dividing the monthly tariff that is in place at such time by 30 days, irrespective of the number of days in the relevant month for the calculation. 
Failure to return the Vehicle at the agreed time, without obtaining the consent of Kesher, shall constitute breach of the Agreement and shall be deemed to be theft which shall afford Kesher with all of the remedies that are set out in the law, including the detinue of documents and/or personal effects of the Renter pending payment of the full debt and/or seizure of possession of the Vehicle, and entry into any place where the Vehicle is being held in order to seize it and return it to Kesher.
No monetary refund or credit shall be given for rent during part of a Rent Day, and in such a case, the Renter shall be charged for the entire Rent Day. 
The Renter may enter into a subscription agreement with toll roads directly. If the Renter enters into an agreement with tolls roads, the liability for termination of the contract and termination of the subscription shall be that of the Renter alone, including removal of the transponder and/or any other device (removal of the transponder only is insufficient). If the Renter does not cancel the subscription, he shall bear any cost or damage that are related to such.  In addition, in such a case, Kesher will not be able to effect any monetary refund for charges incurred by the Renter. 
If the Renter does not return the Vehicle to the branch set out in the Agreement, the Renter shall be charged with a service fee in the sum of USD 50 plus VAT.  If the Vehicle is returned to the Ben Gurion Airport Branch or the Eilat Branch, the Renter shall also be charged with a local supplement, as set out below. 

2. Bodily Injury Insurance
Kesher arranges only mandatory insurance coverage for the Renter alone, in accordance with a bodily injury liability insurance policy pursuant to the Motor Vehicle Insurance Ordinance (New Version) 5730-1970. The provisions, conditions and restrictions in the aforesaid policy constitute an integral part of this Agreement, as though they were set out herein in full.
3. Loss or Damage
Upon the occurrence of any loss and/or damage during the Term of the Rent to the Vehicle and/or to Kesher and/or to any third party as a result of the negligence or malice of the user of the Vehicle and/or in circumstances that are a breach of any of the provisions of this Agreement, including use of the Vehicle other than by the persons authorized to drive it, the Renter shall pay Kesher, immediately upon its first demand, all of the direct and indirect damages(even if such damages are not repaired) including for the inability to use the Vehicle, impairment of value, advocates’ fees, towing and rescue, operations and employee costs, losses (including the value of the Vehicle in the event of theft or total or actual loss) and Kesher's expenses, including those which Kesher may be sued to pay by a third party in this regard (the “Damage”).  The value of the Vehicle shall be determined in accordance with the its list price, based on the Levi Itshak price list, including any additions or subtractions that are prescribed in that price list.
Should the Renter perform all of the provisions of this Agreement in full, with use of the Vehicle only being made by the persons authorized to drive it and should the Renter choose the following provisions* upon execution of this Agreement, and pay all of the sums owed by him in accordance with such provisions, the following provisions shall apply (in accordance with the insurance policies which the Renter purchased):
A “Collision Damage Waiver” (CDW) – coverage for damage to the Vehicle and to the vehicle of any third party which might be caused as the result of a collision, accident or overturn. For any such case in which damage is caused to the Vehicle, the Renter shall pay a policyholder’s excess as set out on the first page of the Agreement, unless he purchases “Super Collision Damage Waiver” (SCDW) insurance. In the case of damage in a sum that is lower than the sum of the policyholder’s excess, the Renter shall be charged in accordance with the type of the damage and/or the price table that is set out at the Leasing Branch and on the Website under the Tab “Contract for Rent of a Vehicle in Israel”, even in the event that the damage is not repaired.  In the event that the Renter refuses to purchase CDW and Kesher agrees to such, he will be required to purchase TPPD.
B “Third Party Property Damage” (TPPD) only – coverage for damages to a third party vehicle only.  In the event of damage to the Vehicle, the Renter shall pay Kesher, immediately upon its first demand, the Damage as defined above, and in the event of any damage to a third party vehicle, the Renter shall pay the policyholder's excess.
C “Third Party” (TP) coverage – coverage for damages that are caused as a result of theft of the Vehicle, theft of parts thereof or damage that is caused to the Vehicle as a result of attempted theft.  For each such case, the Renter shall pay the policyholder's excess, unless he purchases “Super Third Party” (STP) coverage. 
D “Premium Roadside Services” – should the Renter purchase premium roadside services, the Renter shall benefit from: (1) provision of a key that is lost / locked inside the Vehicle, including towing of the Vehicle where necessary (without derogating from the Renter’s liability to pay Kesher for duplication of the key and/or recoding of the key, plus a 30% service fee and plus VAT); (2) service to change a tire with the spare tire in the event of a puncture (without derogating from the Renter’s liability to pay Kesher for repair of the damaged tire plus a 30% service fee and plus VAT) or assistance in inflating the tire in the event that the Vehicle has an inflation kit; (3) supply of gasoline to a vehicle that is left without gasoline (5 liters); (4) an exemption from the policyholder’s excess for repair of breakage to a windshield.  
* Kesher shall have the right to make its consent to rent of the Vehicle conditional upon the purchase of one or more of the above coverages by the Renter. 
Kesher shall not be liable in any way whatsoever, and the aforesaid coverage shall not apply to any direct and/or indirect loss and/or damage that may be caused to the Renter, to his property and/or to any third party whatsoever which is not set out expressly in this Agreement as being within Kesher’s liability.  In this context, Kesher shall not be liable with respect to any delay in the delivery of the Vehicle, activation of the Vehicle or any loss or damage to property and/or personal belongings that are left inside the Vehicle.
4. Use of the Vehicle
The Renter undertakes that during the entire Term of the Rent, he shall have a suitable and valid driving license and that only an authorized driver with a suitable and valid driver's license will use the Vehicle.  The Renter is liable for any use that may be made of the Vehicle including if not done by the Renter and/or not for the purpose of the Rent. If the Renter is an incorporated entity, it undertakes that only an authorized driver will drive the Vehicle after being instructed by it to perform all of the provisions of this Agreement. 
The Renter undertakes to submit the Vehicle to Kesher’s inspection at any time that such may be required and that if he does not do so, he shall bear all of the direct and indirect damages.
The Renter undertakes not to use the Vehicle and not to allow the use of the Vehicle in contravention of this Agreement, any custom, road rules, the Traffic Regulations and the Traffic Ordinance, and any other law, and in particular: (1) for the transportation of passengers and/or the delivery of cargo for a fee or for direct or indirect consideration; (2) for driving on roads, lanes, paths or on territory that is not suitable, for any reason, for use of the Vehicle, and/or to which access is not reasonable with respect to the Vehicle; (3) for the pushing or towing vehicles, trailers or any other object; (4) for competitions, tests, races or for the purpose of driving instruction; (5) when the Renter or any other person is under the influence of alcohol or drugs; (6) entry into Area A (areas that are under the civil and security control of the Palestinian Authority), and entry into any place the entrance to which is dangerous or is prohibited by any competent authority whatsoever.
5. Charges
The Renter shall be liable to pay Kesher, on the date of return of the Vehicle, or once every 30 days (whichever is the earlier), or at such other time as Kesher may prescribe, all of the sums that it may be charged with by virtue of this Agreement and pursuant to any law, including:
A Payment for use of the Vehicle during the Rental Period and for the number of kilometers that the Vehicle is driven during such Period, beyond the distance quota that is set out in the Agreement, and for the purchase of coverage and services as set out above, and/or any other charge as described in the Agreement, all as the case may be, plus VAT at law. In dollar tariffs, the final price in Shekels shall be set in accordance with the last rate of transfers and checks (sale) on the business day preceding the date of payment as published by the Bank of Israel.
B Fines and traffic and parking reports (the “Fine”). The Renter shall himself pay any Fine that is imposed upon the Vehicle during the Term of the Rent, not later than the date set out in the Fine.  For the conversion of any Fine, the Renter shall pay Kesher a service fee in the sum that is set out on the first page of the Agreement.  By signing this Agreement, the Renter approves that Kesher may convert Fines into his name and may charge him with a service fee for the conversion of any such Fine, immediately upon receipt of the Fine and even if the Renter has paid or is going to pay the Fine directly. 
C Any payment for driving on toll roads.  The Renter may enter into a subscription agreement with toll roads for the Term of the Rent directly and it is recommended that he do so in order to avoid the payment of a service fee.  In the event that the Renter does not himself enter into a contract with the toll roads, he shall be charged with payment for driving on toll roads in accordance with the tariff for subscribers on such toll road plus a handling fee for each trip as set out on the first page of the Agreement.
D The costs of seizure of the Vehicle, including the damages that might be caused to it, penalties, boycotts, cessation of use of the Vehicle, removal of it from the road, storage of it, loss of days of rental for any reason whatsoever, advocate’s fees, legal expenses and any other expense that Kesher might be charged with with respect to use of the Vehicle by the Renter.
E Any other expense that Kesher might incur due to the non-payment of the Renter’s debts or with respect to the non-performance of other obligations by the Renter pursuant to this Agreement, including advocates’ fees and legal expenses.
F All of the expenses for fuel stemming from use of the Vehicle during the Term of the Rent and which are not paid by the Renter, plus a service fee.  If, during the Term of the Rent, Kesher and/or a person acting on its behalf are required to service and/or repair the Vehicle, the costs of fuel involved in transportation of the Vehicle shall be borne by the Renter.
G . Local Supplements: Ben Gurion Airport Service Fee – in the sum of 50$ is charged for collection and/or return at the Airport; Eilat Transportation Fee – in the sum of 100$ is charged when collection is effected at the Eilat Station and return is effected elsewhere, or the opposite, if car is dropped off at a different location than pick up, a fee of 50$ will apply

H Payment for duplication and/or recoding of the key, in the event of loss of or damage to the key, plus a service fee as set out in section 3(d)(1) above.

Any payment pursuant to this Agreement that is not paid by the Renter on time shall bear arrearage interest at the acceptable rate for unauthorized overdrafts on current accounts at such time, at Bank Leumi Le-Israel Ltd.
The Renter permits Kesher to deduct and/or detain any sum owing to it from the Renter pursuant to this Agreement as aforesaid from the sum of the deposit (even after the date of return of the Vehicle), and to debit his credit card for all of the charges stemming from his undertakings pursuant to this Agreement.
6. Extraordinary Event
In the event of an accident, theft, criminal action, mechanical breakdown or indication of a malfunction in the Vehicle (an “Extraordinary Event”) in which the Vehicle may in any way be involved, the Renter must stop the Vehicle and, as the case may be:
A Give notice of such to Kesher immediately (and to the police in the event of a theft or criminal act), immediately send Kesher a detailed report of the Extraordinary Event, as the case may be, and act in accordance with its instructions, including immediate cessation of use of the Vehicle to the extent that Kesher may instruct the Renter to do so.  For every day of delay in provision of a report of the damage to Kesher, the Renter shall be charged the daily tariff of the Rent. 
B Shall not recognize any claims, demands and/or suits whatsoever of any third party and shall not give any admission of liability and/or blame and/or make any offer or make any representation with respect to the event.
C Shall obtain all of the possible details of witnesses of the accident and of the vehicles and drivers involved in the accident, and shall provide such to Kesher. Shall provide Kesher with any document and shall cooperate with Kesher and with its insurers in any investigation or legal proceedings with respect to the accident and to give a power of attorney to Kesher and/or to its advocates and/or its insurers to act in any proceedings to which Kesher is a party. A failure of the above shall serve to charge the Renter for any damage that may be caused to Kesher as a result thereof, including such which Kesher may be sued for payment by any third party whatsoever.
D Shall provide Kesher with any payment that it may have received, to which Kesher is entitled pursuant to this Agreement or any law.
If a vehicle which is declared to be a stolen vehicle is found after some time, the policyholder’s excess which the Renter was charged to pay shall be reimbursed to him, less the direct expenses that were incurred by Kesher for the purpose of location of the Vehicle. 
If the Renter does not act in accordance with the provisions of this section, the Renter shall be liable for payment of all of the direct and indirect damages that may be caused to the Vehicle and/or to Kesher and/or to any person acting on its behalf and/or to third parties, without limitation as to sum, even if he has purchased one of the coverages that are set out in section 3 above.
7. Protection of Privacy and Databases
The details that are provided by the Renter, and additional information that accrues with respect to him shall be kept on Kesher’s computer database and shall be used by Kesher and entities acting on its behalf for the purpose of the operation, supply and development of Kesher’s services, including making contact with the Renter via short message service (SMS) with respect to the ongoing service of the Vehicle, improvement of the service, conversion of Fines, charges, customer relations, mail-outs and customer service, including direct mailing, marketing and statistical examinations for Kesher’s internal purposes.  The information might be provided to related companies such as Autocenter Limited Partnership and suppliers of Kesher in Israel and overseas, and to companies that provide services to the Renter (such as credit card companies and charge processing companies, travel brokers and agents, operators of membership programs to which the Renter is entitled), all for the purposes that are set out above, provided that and subject to the provisions of any law.  Furthermore, the information might be provided to the law enforcement agencies, in accordance with the law, including for the purpose of the conversion of reports and/or when Kesher believes, in good faith, that such is necessary for the protection of property, of the public or of Kesher. The details and information are also being provided to Hertz International which may transfer it to related companies as well as to contractors and franchisees for the purposes that are defined above.
By his signature, the Renter declares that it has understood the purpose of provision of this information to Kesher, that he is not required to provide the information and that the provision of the information is of his own volition and with his full consent.
The Renter confirms that Kesher may transfer all of the information about him, as accrued on its databases, to a third party in the context of the transfer of its businesses (in whole or in part) to such third party. All of the above is subject to the third party undertaking to protect the personal details of the Renter, as arises pursuant to Kesher’s undertaking in accordance with the provisions of this Agreement.
Kesher also works with various entities in order to provide the services that are provided to the Renter, which are not necessarily owed by Kesher or under its control.  Therefore, for the purpose of provision of the Services, information that is collected regarding the Renter might be transferred to such parties so long as such is necessary for the purpose of the service, in accordance with any law, and in light of the purposes that are set out in this Agreement.
The Renter confirms that he is aware that a system might be installed in the Vehicle for the purpose of location and/or monitoring of vehicles and/or for the purpose of management of a fleet of vehicles.  Inter alia, the system examines the method of driving and warns about deviations from normative conduct.  The Renter gives his consent to Kesher to track the Vehicle and to make use of his data for its purposes.  In the event that a protection system is installed in the Vehicle, Kesher may, at any time and at its exclusive discretion, contact the protection company for the purpose of requesting to locate the Vehicle.  In this context, the following kinds of information will be collected, in addition to the information that is set out above: Details of the use that has been made of it and the dates of such use, geographical location in real time (location data); data relating to the good order of the Vehicle; the conduct of the driver (and a warning regarding deviations from normative driving conduct); indication of accidents; browsing data; driving on toll roads; driving distance, speed, ignition and shutting down of the Vehicle and use of the brakes, fuel consumption, malfunctions in the Vehicle and additional technical information; and any other
The sending of marketing material on matters relating to the rent of the Vehicle: The details of the Renter shall be used by Kesher and/or the subsidiaries of Kesher and/or related companies for the purpose of sending marketing material, advertising material, offers of services, participation in campaigns, the giving of benefits, the delivery of various notices, the conducting of surveys, etc. (“Advertising Material”), on any media, including automatic dialing systems, facsimile, electronic mail, text messages (SMS), etc.
o No thank you – do not send advertising (we will still send updates relating to the service and to the Agreement) The Renter may ask to be deleted from the distribution list for Advertising Material, including by contacting the service center (service@Hertz.co.il or *3113). It is possible that after a request for removal, mailings which Kesher is required and/or entitled to send by law will be sent to the Renter even without the Renter’s consent.
Additional information is available on the Website under the Tab “Privacy Policy”.
8. Miscellaneous
A Kesher is entitled to bring this Agreement to an end in the event of any theft, accident, criminal act, fraud, misrepresentation, if the Renter is in insolvency proceedings or in the event of any breach of any kind whatsoever of this Agreement.  Kesher reserves every right to repossess the Vehicle at any time whatsoever and in such way as it may see fit, and to refuse, in the future, to enter into rent agreements with the Renter, without prior notice to the Renter, in the event that the Renter breaches any of the conditions of this Agreement.  The aforesaid shall not derogate from and/or harm and/or exhaust any of Kesher's rights that are afforded to him pursuant to any law, to sue and/or to demand additional remedies from the Renter.
B The price of the Rent is prescribed in accordance with the Term of the Rent that is requested by the customer on the basis of the daily tariff or the monthly tariff that is employed at the time of making of the reservation.  In general, the daily tariff is higher than the monthly tariff and therefore, in certain cases, the rental price for a period that is calculated on the basis of the monthly tariff will be lower than the rental price for a period that is calculated on the basis of the daily tariff.
C The use of the singular masculine gender is for the sake of convenience alone and shall apply to all genders.
D Kesher’s books shall constitute decisive evidence of the duration of the Term of the Rent, all types of the rental tariffs, and the Vehicle data.
E The local jurisdiction to hear any dispute between the Renter and Kesher, pursuant to this Agreement, shall obtain to the courts in the city of Tel Aviv only.
F The Parties waive the need for the giving of notices / warnings of any kind whatsoever with respect to this Agreement except where such warning is required in accordance with a law, which cannot be made conditional. 
G In the event of any contradiction, the provisions of this Agreement shall prevail over the provisions of the rent and Borrowing Law, 5731-1971, with the exception of provisions that cannot be made conditional.
H Information regarding cancellation of a reservation can be found on the Website under the Tab “Cancellation of Reservation”.
9. Renter’s Confirmation
I hereby confirm that I am aware that a system of WeShareIt Ltd. (the “Company”) enabling surfing on the internet may be installed in the Vehicle.  I am aware that the system also enables the Company to locate and/or monitor the Vehicle, and information about it, including its location and speed, that this information might be collected and stored in a confidential and secured manner by the Company and might be transferred, upon demand, to Kesher. 
By my signature, I confirm that I have read the conditions of the rent, the tariffs, charges and provisions that appear on all of the pages of the Agreement, including my undertaking for payment, I have been given a copy of the Agreement and have understood the contents and significance of it, and I hereby agree to all that is stated in it. 
I certify that I hold a driver's license which allows me to drive legally in Israel in the Vehicle that I have rented, and that I shall ensure that the license remains in force in accordance with the provisions of Israeli law for the entire time that the Vehicle is in my possession.
 

Renter's signature________________ Driver's signature______ Handled by Hertz representative_______
Signature of extra driver 1: _____________ Signature of extra driver 2: _________________ Contract no.: ________________

Minor Damage Price-list
 In the event of minor damage (less the deductible amount), the customer shall be  Charged in accordance with the price list provided below, even if the damage is not  repaired.