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: ______________
Kesher Rent a Car Ltd. (below: "Kesher") rents to the renter the vehicle subject to all the conditions, instructions, and rates specified in this agreement, on both sides. For the purpose of this agreement, the following definitions will apply: Vehicle – the vehicle referred to in this agreement or any alternative vehicle given to the renter therein, instead; Rental period – the period beginning on the pickup date of the vehicle and ending on the actual return date of the vehicle; Renter – the driver and/or the additional driver, and/or anyone who signs this agreement, whether an individual or an incorporated entity ; Monthly - One rental month is comprised of 30 days (even if an actual number of days on the said month is different). Monthly rate - daily rate is calculated by dividing the monthly rate by 30 (regardless of the number of days in the current month) ; Internet Site - the internet site of Kesher, at the URL www.hertz.co.il
In the case of an incorporated entity, only the driver and additional drivers who are authorized and specified in this agreement are entitled to drive the vehicle.
1 Delivery and return of the vehicle
The vehicle is handed over to the renter for a period of time fixed in advance, in a reasonably proper condition and without flaws and/or defects, apart from those noted. The renter undertakes to return the vehicle to Kesher in the same condition received, at the location and date specified in the agreement. It is clarified that the renter is not entitled to perform any treatment and/or repairs to the vehicle and/or installations, of any type or kind, with the exception of repairing punctured tires. Furthermore, the driver is not entitled to perform any change, replacement and/or addition to the vehicle. If a vehicle is returned in a state requiring special cleaning and washing, including a vehicle in which people smoked, the renter will be charged with the cost of special cleaning.
The renter is entitled to associate contractually in an agreement for a toll road subscription. In the event that the renter associates in such an agreement, it is the sole responsibility of the renter to terminate the contractual association and to cancel the subscription, including the removal of the Passkal (transponder) instrument and/or any other instrument. (Removing the Passkal is not enough). In the event that the renter fails to cancel the subscription, he will be liable for all the damages deriving from this. If the renter associates contractually with the toll roads company directly, he will not be required to pay handling fees for the payment pertaining to toll roads. In the event that renter takes out a subscription by means of a telephone, the subscription will become valid on the date of the association.
A rental day is 24 hours from the time when the agreement was signed. For each hour of delay in returning the vehicle, one-third of the daily rate will be charged. For a delay exceeding 3 hours, the renter will be charged the cost of a full rental day. The renter must receive Kesher’s explicit consent to any delay in returning the vehicle. Failure to return the vehicle to Kesher on the agreed date without having obtained Kesher's consent, constitutes a breach of the agreement and will be considered theft, and grants Kesher the right to seek legal remedies, including seizing documents and/or personal effects of the renter until full payment of the renter’s debt is made, and/or taking possession of the vehicle, and entering any site where the vehicle is held in order to take possession of it and return it to Kesher.
2 Bodily Injury Insurance
Kesher arranges compulsory insurance coverage only, and for the renter only, according to the conditions of the bodily injury liability policy insurance, required according to the Motor Vehicle Insurance Ordinance (New Version) - 1970. The instructions, conditions and reservations of the said policy constitute an integral part of this agreement, as if they were specified in the agreement in full.
3 Loss or damage liability
In the case of loss and / or damage to the vehicle during the rental period and / or to a third party as a result of negligence or malicious intent by the renter and / or in circumstances that are a breach of any of the instructions of this agreement - including use of the vehicle by a person or persons other than those authorized to drive it - the renter will pay Kesher, immediately upon its first demand, all the damages, direct and indirect, (even if the damages have not been repaired) - including the disabling of the vehicle, loss of value, attorney's costs, towing and rescue, operational and labor costs, the losses - including the value of the vehicle in the case of theft - and all the losses and expenses incurred by Kesher, including those that Kesher will be demanded to pay by a third party in connection with them.
In the event that the renter fulfilled all the provisions of this agreement in full, and the vehicle was used only by those authorized to drive it, and, at the time of signing this agreement the renter chose one of the clauses below,* and paid all the sums payable by him according to these clauses, the following instructions shall apply (according to the insurance coverage the renter purchased):
i. Collision Damage Waiver (CDW) – coverage of damage to the rental vehicle and to a third-party vehicle caused as a result of a collision, accident or overturning. Without detracting from the above, it is noted that for each incident, the renter will pay a policy holder's participation fee, unless the renter bought Super Collision Damage Waiver (SCDW). In the case of minor damage (lower than the amount of the policy-holder's Non Waivable excess the renter will be charged in accordance with the type of damage and the price-list displayed at the rental branch and on the Internet Site, and also in the event that the damage was not repaired.
If the renter refuses to purchase CDW and Kesher consents to this, he will be charged for the purchase of TPPD.
ii. Third Party Property Damage only (TPPD) – coverage for damage solely to a third-party property. It is clarified that in the case of damage to the vehicle, the renter will pay Kesher, immediately upon its first demand, all the damages, losses and costs caused to Kesher and to the vehicle as a result of any loss and/or damage, and that in addition, in any case of damage to a third-party vehicle/property, the renter will pay the insurance policy holder's Non Waivable Excess.
iii. Theft Protection (TP) – coverage of damage caused by the theft of the vehicle, theft of parts of the vehicle, or damage caused to the vehicle as a result of an attempted theft. Without detracting from the afore-stated, it should be noted that in any case, the renter will pay the insurance policy holder's Non Waivable Excess, unless the renter purchased Super Theft Protection (STP).
iv. Premium Road Services (PRS) - in the event that the customer purchases PRS coverage, he will be entitled to: 1 retrieval of a key that was locked inside the vehicle, including towing of the vehicle if necessary (this without derogating from the customer's obligation to pay Kesher in connection with the duplicating of the key and/or its encoding); (2) service for replacing a flat tire with the spare tire (this without derogating from the customer's responsibility to repair the flat tire; (3) supply of fuel to a vehicle that ran out of fuel (5 liters). (4) Excess Waiver Coverage for window breakage.
*Kesher is entitled to condition its consent to rent the vehicle on the purchase of one or more of the above insurance policies by the renter.
Kesher is not liable in any form, and no coverage applies to any loss direct/indirect damage and/or indirect damage that may be caused to the renter, to his property and/or to any third party in connection with a delay in the vehicle's delivery, the vehicle's operation, loss or damage to the property and/or personal effects of the renter that were left inside the vehicle.
Any damage, of any kind, to the lower chassis and / or any other underpart of the vehicle, that is caused maliciously or due to driving not in accordance with the provisions of this Agreement, including parts of the metal frame of the mechanical suspension and exhaust system, as well as damage to the tires, is the exclusive responsibility of the renter and is not included in any coverage.
The renter undertakes that over the course of the rental period, he will hold a valid driving license and that only drivers authorized and specified in the agreement and who hold valid driving licenses will use the vehicle. The renter is responsible for all use made of the vehicle and if its use is made not by the renter and/or not for the purposes of the rental. If the renter is an incorporated entity, then the entity undertakes that the vehicle will only be driven by a driver authorized by the entity according to this agreement, and that the authorized driver was instructed to fulfill all the stipulations and provisions of this agreement.
The renter undertakes to permit the vehicle to be inspected by Kesher at any time he is requested to do so, and that if he fails to do so, he will bear all the direct and indirect damages.
Without detracting from the generality of the above, the renter undertakes not to use the vehicle and not to permit use of it in contravention of this agreement, any custom, traffic laws and ordinances and against all other laws, and in particular:
1) For transporting passengers and/or shipping cargo in return for payment or direct or indirect remuneration.
2) For driving on roads, tracks, or areas that, for whatever reason, are unsuitable for use by a vehicle and/or the access to them is inappropriate in terms of the vehicle.
3) For pushing or towing vehicles, trailers, or any other object.
4) For competitions, tests, races or for the purpose of driving lessons.
5) When the renter or any other person is under the influence of alcohol or drugs.
6) Entering Area A (regions under the civilian and security control of the Palestinian Authority) and any area to which the entrance is dangerous or forbidden by any competent authority.
The renter is responsible for paying Kesher on the date of return of the vehicle or once every month (whichever is earlier), or on any other date set by Kesher, all the sums that he is liable to pay under this agreement and in accordance with any law, including:
a. Payment by the renter for the use of the vehicle during the rental period, and for the number of kilometers that the vehicle traveled during that period (including payment for driving over the quota of kilometers specified in the agreement), and also coverage of accident damage, non-accident damage, coverage of damage to a third party, and/or any other charge specified in this agreement, and all according to the specific case, with the addition of VAT according to law. For dollar rates, the final price in NIS will be set based on the last Bank Transfers and Checks (Sale) Exchange Rate on the business day preceding the date of payment that was published in the Israeli daily press.
b. Traffic and/or parking tickets and fines: the lessee will pay such fines and tickets himself, no later than the date specified on them. For every instance of endorsing a ticket and/or fine, the lessee will pay the lessor a handling fee in the amount specified on the first page of the agreement. By signing this contract the lessee authorizes the lessor to endorse any parking and traffic tickets to the lessee's name and to charge him with a handling fee immediately upon receiving the ticket, even if the has paid / will pay the ticket directly.
c. Toll roads: as covered in Section 1 above, the lessee will be permitted to make a subscription to the toll roads for the rental period. If the lessee himself does not make such subscription, he will be charged for his use of any toll road according to the subscribers' rate for that toll road plus a handling fee for each use as specified on the first page of this agreement.
d. Any expenses incurred by reason of cars being seized, including any damage caused to the cars, penalties, confiscations, cars being suspended or taken off the road, car storage, loss of rental days for any reason, legal fees, court expenses and any other expense incurred by Kesher as a result of the car's use by the lessee, including expenses caused by traffic and/or parking tickets and/or the use of toll roads.
e. Any other expense that Kesher incurs due to nonpayment of a debt by the renter or pertaining to the renter's non-fulfillment of other undertakings under this agreement, including attorney fees and legal costs.
f. All expenses for fuel and oil resulting from use of the vehicle during the rental period that were not paid by the renter, with the addition of service fees. The renter authorizes Kesher to deduct and or defer from the deposit he paid any amount payable to Kesher by the renter under this agreement (also after return of the vehicle) and in addition to charge his credit card in connection with all the charges deriving from his undertaking under this agreement.
g. Additional local charges
Ben-Gurion Airport service charges - charged for pick-up and / or return at the airport.
Intercity Charge: Intercity Charge applies for one way rentals shorter than 3 days to/from Eilat.
Intercity Charge applies for one way rentals to/from the Dead Sea
Any payment according to this agreement that is not paid by the renter on time will be subject to interest at the accepted rate for unapproved overdrafts, at that time, at Bank Leumi Le'Israel Ltd.
6 Accidents / Thefts / Criminal Acts / Mechanical Failure
In the case of theft or an accident or a criminal act or a mechanical failure in which the vehicle is involved in any way, the renter is obliged to halt his vehicle and, as relevant, to:
a. Immediately notify Kesher and the police immediately, and immediately send a detailed report to Kesher about the accident/damage/loss/theft, according to the case, and to act according to Kesher’s instructions.
b. Refrain from acknowledging any claims, demands and / or any third-party suits and from admitting liability and/or guilt. It is hereby clarified that for every day of delay in submitting a damage report to Kesher, the renter will be charged a daily rental rate according to Kesher’s price-list applicable at the time.
Obtain all possible details and particulars of witnesses to the accident and of the vehicles and drivers involved in the accident and forward them to Kesher.
c. Provide Kesher with any document and cooperate with Kesher and its insurers in any investigation or legal proceedings related to the accident, and provide Kesher and / or its attorneys and / or its insurers with a power of attorney to act in any proceedings in which Kesher is a party. If the renter fails to act as described, he will be liable for any payment, including payment that any third party may demand that Kesher pays.
d. Give Kesher any payment that the renter received and to which Kesher is entitled.
If a vehicle was declared to be a stolen vehicle, but is later found, the insurance policyholder's participation fee that the renter was required to pay will be returned to him, with the deduction of all the direct expenses that Kesher incurred for the purpose of finding the vehicle.
7 Protection of Privacy and Databases
a. The details that the renter provides and any additional information that accumulates will be stored in the database of Kesher and those of other entities affiliated with Kesher for the purpose of maintaining operational ongoing contacts with the customer, including by means of text-messages concerning ongoing checks of the vehicle; for improving service; for endorsing tickets; billing; customer relations - including direct mail, marketing; statistic tests for the internal needs of Kesher. The information may be transferred to associated companies such as Kesher's subsidiary companies : Kesher lease & Auto center and to our suppliers in Israel and other countries, as well as to companies that provide services to the renter (for example: credit card companies and companies that process charges, travel agencies and brokers, and operators of corporate programs to which the renter is entitled) and all for the purposes previously specified, and subject to the instructions of any law. Moreover, the information may be transferred to the law enforcement authorities, in accordance with the law, including for the purpose of endorsing reports and / or when Kesher believes in good faith that this is necessary to protect its property, the general public, and Kesher. The details and information are also transferred to the Hertz International company that is entitled to transfer them to its associated companies, as well as to contractors and franchise-holders, for the purposes defined above. By signing this form, the renter declares that he has understood the objective of giving information to Kesher, that he is not obliged to provide the information, and that he provides the information willingly and with his full consent. The renter confirms that the Company may pass on all the information concerning him/her to a third party in connection with the transferring of its business (wholly or in part) to said third party, and all contingent on the undertaking by the third party to maintain the personal details of the renter as expressed in the undertaking by the Company in accordance with the stipulations and provisions of this agreement.
b. The renter confirms that he is aware that a positioning and/or monitoring system and/or fleet management system may be installed in the rented vehicle. Among others, the systems monitor the manner of driving and give alerts regarding deviations from normative behavior. The renter consents that Kesher may track the vehicle and use the systems' data for its purposes, and furthermore if the vehicle has been armored, Kesher is entitled at any time and at its exclusive discretion, to request the armoring company to locate the position of the vehicle.
c. Sending marketing and operational materials concerning rental vehicles
The details will be used by Kesher and/or Kesher's subsidiaries and/or affiliated companies for the purpose of sending marketing and advertising materials, commercial offers, participation in special offers, awarding benefits, sending various announcements, conducting surveys and so forth (below: "advertising material"), and this through all means of communication, including automatic dialing, facsimile, email, text-messages and so forth.
No thanks - please don't send advertisements (updates about the service and the Agreement will still be sent).
(Even if you do not check anything now, you can change your choice at any time).
a. Kesher is entitled to terminate this Agreement immediately with the occurrence of a case of theft or accident or criminal incident or fraud or false representation or a breach of any kind of this Agreement. Kesher reserves the right to reclaim the vehicle at any time whatsoever and in any manner it deems fit, and decline any connection with the renter in the future, without advising the renter in advance of this, in the event that the renter breaches any terms of this Agreement, and the foregoing shall not be deemed to derogate from and/or injure and/or fulfill any right of Kesher invested in it under any law, to sue and / or demand further remedies from the renter,
b. Any instruction and/or expression in the singular form includes the plural form and vice versa, any instruction in the feminine includes the masculine and vice versa.
c. The books of Kesher shall constitute conclusive evidence regarding the duration of rental, rental tariffs of all kinds, and the vehicle data.
d. In any dispute between the renter and Kesher under this Agreement, the courts of Tel Aviv shall have sole authority.
e. The parties waive the need to send notifications/warnings of any kind pertaining to this agreement.
f. Clauses 1, 4, 5, and 6 above, as well as the dates and rates stipulated in this Agreement are fundamental conditions of this Agreement.
g. In the case of a conflict, the instructions of the agreement shall prevail over the instructions of the Hire and Loan Law - 1971.
9. I hereby acknowledge that the vehicle may have a system installed by WeShareIt Ltd. ("the Company" thereafter), which allows the renter to browse the Internet using a wireless internet component installed in the vehicle ("the System" thereafter).
I understand that the System also allows the Company to locate and / or monitor the vehicle and information about it, including location data and vehicle speed. This Information may be collected and stored in a confidential and secure manner by the Company, and may be disclosed to Kesher Rent a Car Ltd upon request.
By virtue of my signature, I hereby confirm that I have read the terms of the rental agreement, the prices, the charges and the instructions appearing on all pages of the agreement, including my undertakings to payment; I have received a copy of the agreement for myself and after having understood its content and meaning, I hereby agree to all it states.
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.