- 1. Definitions
1.1. Eldan – Eldan Transportation Ltd.
1.2. The Car(s)/Vehicle(s) – the rented car(s), the details of which appear in the Agreement, including its tires, accessories and documents.
1.3. The Renter - the renter of the Car whose details appear in the Agreement, and any additional driver whose details appear in the Agreement or in Eldan’s records, jointly and severally.
It is hereby clarified that in the event that Eldan enters into a Framework Agreement (as defined below) with a third party, then the “Renter” shall be such third party which is a party to the Framework Agreement, except in such circumstances whereupon the driver of the Car or anyone acting on its behalf took upon itself direct obligations to Eldan in respect to all or part of these Rental Terms, then in such circumstances the driver of the Car shall be deemed the “Renter”, whether together with the party to the Framework Agreement or not, all as agreed between the parties.
It is hereby clarified that a renter renting a Car from Eldan under a Replacement Vehicle Service Agreement is deemed the “Renter” for all intents and purposes.
Additionally, it is hereby clarified that the owner of the credit card, the details of which were provided to Eldan upon signing of the Agreement is a “Renter” for all intents and purposes under this Agreement (whether there are additional drivers to said Car and/or if Car was actually utilized by another driver) and such credit card holder consents to Eldan’s use of the credit card in respect of all its obligations under the Agreement, the Rental Terms or under any applicable law.
1.4. The Agreement - the Car Rental Agreement signed by the Renter at the time of receipt of the Car.
1.5. The Framework Agreement - a framework car rental agreement signed between Eldan and such third party in which special terms and conditions were stipulated for the rental of Cars to said Renter.
1.6. Replacement Vehicle Service Agreement – a framework agreement entered into between Eldan and certain corporations under which Eldan provides the customers of such corporations a replacement car on behalf of said corporation and at its cost.
1.7. The Rental Terms - the terms and conditions of rental of the Car set forth herein, in the Agreement or in the Framework Agreement (if signed) and in all the other documents that have been signed or may be signed by the Renter in connection with the rental of the Car.
- 2. The Rental
2.1. Eldan hereby rents the Car to the Renter for the duration of the rental period, as detailed in the Agreement and in accordance with the Rental Terms. Extension of the rental period is subject to receipt of Eldan’s consent. It is hereby clarified that for charging purposes a day of rental is calculated on the basis of 24 hours with each additional rental hour as stipulated in the Agreement to be charged according to Section 4.5.2 below.
2.2. It is hereby clarified that the minimal rental period is 24 hours so that any Renter that rents a Vehicle for a period of less than 24 hours shall in any event be charged for a 24-hour period. In addition, Eldan may determine, at its sole discretion, that a certain rental will be subject to a longer minimal rental period.
2.3. Extension of the rental period shall be subject to Eldan’s prior written consent provided however that it is hereby clarified that such extension of the rental period shall not necessarily require the signing of any document, and the rental period shall be determined in accordance with Eldan’s records.
2.4. The Renter shall not be granted any rights whatsoever in addition to those rights expressly detailed in the Rental Terms.
2.5. The Renter shall not be entitled to deliver and/or transfer and/or lend and/or rent and/or lease and/or charge and/or pledge the Car to another and/or to allow the Car out of its possession and/or control to any third parties and/or to transfer and/or assign and/or to charge its rights or obligations under the Agreement or the Rental Terms in favor of any third parties.
- 3. Authorized Drivers
3.1. The persons authorized to drive the Car are solely those drivers whose details appear in the Agreement or in Eldan’s records.
3.2. Drivers must possess a legible driver's license in English which includes a photo of the driver, valid for at least one year from Renter’s entry to Israel. If the driver’s license is not written in English, the driver must additionally hold and provide Eldan an international license. The driver’s license must be suitable for the type of rented Vehicle. Only such persons holding a valid driver’s license for at least two years and which are present at the pick-up of the Vehicle whose details are set out in the Agreement or in Eldan’s records are permitted to drive the Vehicle.
3.3. The Renter is responsible for any driver of the Car, and shall ensure that any person driving the Car is permitted to drive it according to the Rental Terms, and shall drive and operate it in accordance with all the Rental Terms.
3.4. Drivers must be at least 18 years of age.
- 4. Delivery of the Car and Return Thereof
4.1. On delivery of the Car an Eldan representative shall, in the presence of the Renter, document the condition of the Car and its accessories, the quantity of fuel and the odometer reading. By acceptance of the Car the Renter shall be deemed to have accepted the condition of the Car other than in respect to hidden defects.
4.2. Upon the completion of the rental period or the termination of the Agreement for any reason, the Renter shall return the Car to Eldan at the branch from which the Car was rented or in coordination with Eldan, otherwise it will be charged a drop-off fee in respect of the transportation of the Car in accordance with Eldan’s pricelist. A Renter who rents a vehicle of all categories for a period of up to two days and the Vehicle is delivered in Eilat and returned to another branch of Eldan (which is not in Eilat) or returned to the Eilat branch after being delivered at another branch of Eldan (which is not in Eilat), will be charged a drop-off fee in the amount set out in the terms of rental which appear on Eldan’s website.
4.3. Upon return of the Car, Eldan shall calculate the total kilometers driven by the Renter with the Car and shall charge the Renter with a kilometer surcharge payment for any kilometer exceeding the kilometer quota at the rate set out in the Agreement. It is hereby clarified that the kilometer quota and the kilometer surcharge payment were determined in accordance with the requested rental period and may vary if said rental period changes, all in accordance with Eldan’s relevant rates. In the event that the Renter uses a replacement car, the number of kilometers the Renter has consumed with the replacement Car shall be taken into account for purposes of the aforesaid kilometer calculation. The Renter is required to notify Eldan of any malfunction in the odometer mechanism upon discovery thereof, and to deliver the Car to Eldan for repair. If according to an inspection by Eldan, or upon return of the Car to Eldan, the odometer will be out of order, and the Renter did not report this to Eldan, the Renter shall be charged for such kilometers which shall be determined according to the distance actually traveled by the Car at Eldan’s estimation, and in any event no less than 150 kilometers per day.
4.4. The Car shall be returned to Eldan at the end of the rental period empty of any objects belonging to the Renter or anyone on its behalf and in the same condition in which the Renter received it, save for ordinary wear and tear resulting from reasonable use. Upon return of the Car, an Eldan representative shall, in the presence of the Renter, document the accessories and/or the parts that are found to be defective, missing, or damaged in comparison to their condition at delivery. The provisions of Section 7 hereunder (Liability and Coverage of Damages) shall apply in the event of any damage to the Car or any of its accessories (which is not the result of reasonable wear and tear or manufacturer defect). It is clarified that to the extent that damages are discovered at a later date, Eldan shall charge the Renter for these damages as well in accordance with the aforesaid. If Renter chooses not to be present during the preparation of the list described under this section, the Renter shall be deemed to have waived in advance any claim regarding the charges under this section.
4.5. In the event that the Renter does not return the Car to Eldan at the end of the rental period or upon termination of the Agreement, the following conditions shall apply:
4.5.1. Eldan shall be entitled to seize the Car and return it to Eldan’s possession using any legal means in may deem fit, without being required to provide any further notice to the Renter, and the Renter shall compensate and indemnify Eldan for any expenses of such seizure, and shall bear any and all damages caused to the Car, to Eldan or to any third parties in connection therewith;
4.5.2. Unless otherwise expressly set out in the Agreement, late returns shall be charged as follows: (a) over one hour and up to two hours - 50% of the full daily rental consideration (including rental fees, extras, etc.) (hereinafter: the “Rental Consideration”); (b) over two hours and up to three hours - 75% of the full Rental Consideration; and (c) over three hours and up to 24 hours - 100% of the full Rental Consideration. The Renter shall also be charged in the same manner for any delay in the time of return of the Car after the first day of delay;
4.5.3. Regarding the Ben Gurion Airport branch, it is hereby clarified that insofar that the Renter returns the Car to any parking lot that is not Eldan’s relevant parking lot designated for returns, the Renter shall be charged for the parking expenses at the cost of up to one day in accordance with the relevant parking lot’s rates. Additionally, the Renter shall be charged overdue return fees as detailed in Section 4.5.2 above, according to the actual time the Car was picked up from the relevant parking lot by an Eldan representative, but in any event no more than the cost of a 24-hour delay in return;
4.5.4. The Car shall not have any coverage for damages whatsoever following the scheduled date of return, and the Renter shall be liable for any damages and expenses caused to the Car, its accessories and/or to Eldan and/or any third parties in connection with the use of the Car (including its theft).
4.6. In case of a Replacement Vehicle Service Agreementthe Renter shall be required to return the Car at the end of the entitlement days set out in the Agreement, otherwise the Renter shall be personally liable for the rental fees payable in connection with the rental of the Car beyond the limited amount of rental days to which the Renter is entitled at such rate set out in the Agreement (and to the extent such rate is not set out therein as per the Eldan pricelist for private customers), all without derogating from any of the Renter’s obligations towards Eldan pursuant to the Agreement.
4.7. In the event that any insolvency proceedings, including liquidation, provisional liquidation, special management, bankruptcy, receivership, stay of proceedings, and the like, are commenced against the Renter or in respect of the Renter’s assets, Eldan shall be entitled to terminate the Agreement, demand the immediate return of the Car and immediately collect the full amounts due to Eldan by the Renter at such time.
- 5. Payments
5.1. Without derogating from the other Rental Terms, the Renter undertakes to pay Eldan the following payments according to the rates specified in the Agreement: rental fees, damages and theft coverage, Deductibles (as defined below), Excess Waiver coverage payments (if applicable), kilometer surcharge payment, drop-off fee (in the event of return of the Vehicle to a branch which is not the branch scheduled for the return of the Vehicle), Young Driver Extra Payment (as set out in the Agreement) for a Renter under the age of 24, New Driver Extra Payment (as set out in the Agreement) for a Renter holding a valid driver’s license for a period of less than two years, payments in respect of accessories or various extras as set out in the Agreement or as agreed with the Renter, including Ben Gurion Airport service charge (which shall be charged in the event of the Car’s delivery or return at Ben Gurion Airport). VAT on any payment set out above or any other payment shall be according to applicable law.
5.2. The Renter received the Car with a full tank of fuel as per the quantity shown in the Agreement. In the event that the Car is returned with a quantity of fuel which is less than the quantity received by the Renter (hereinafter: the “Missing Fuel”), the Renter will be charged with payment for the Missing Fuel, in accordance with the price for full service gasoline as determined in the Supervision of Products and Services (Maximum Prices at Gas Stations) Order, 5762-2002 (hereinafter: the “SupervisionOrder”), plus a payment in respect of each liter of Missing Fuel at the rate set out in the Agreement.
Eldan hereby emphasizes that the payment Eldan shall charge for refueling the Car is higher than the fuel prices at a gas station in accordance with the Supervision Order (for full service) and it hereby recommends that Renters refuel the Car with the Missing Fuel themselves.
It is hereby clarified that the Renter itself shall be responsible for payment in respect of the fuel which the Car consumes during the rental period.
Notwithstanding the aforesaid, if the Agreement states that the Renter has chosen to purchase the full fuel tank supplement, the Renter shall be charged as noted therein and shall not be required to bear the payment set out in this Section 5.2. This supplement enables the Renter to return the Car with any fuel amount he so chooses without being charged for any Missing Fuel. It is hereby clarified Renter will in any event not be credited for the amount of fuel in the Car on return of the Car, whatever amount that may be. If the Car is replaced during the Rental Period, the purchase of the supplement shall be deemed to be canceled and the Renter shall be charged for fuel in accordance with the aforesaid in this Section 5.2 as if he/she had not purchased the said supplement in the first place.
5.3. The Renter shall be solely liable for all charges, fines and legal expenses with respect to the use of the Car during the rental period, including with respect to traffic and parking violations or other offenses, use of toll roads or fast lanes and/or for any claim against Eldan or the Renter in respect of the use of the Car by the Renter during the rental period. The Renter shall pay Eldan handling/service fees/charges as set out in the Agreement for handling the assignment of such fines or in respect of any payment for the use of toll roads or fast lanes.
5.4. Prices do not include payments for the use of toll roads/fast lanes. Payment for use of toll roads/fast lanes shall be charged according to the rates published by the road operator according to the rate for “non-subscriber customers”, plus an additional handling/service fee/charge at the rate specified in the Agreement.
To the best of Eldan’s knowledge, Renters may directly engage with the toll road/fast lane operator, subject to such operator’s terms of engagement. The foregoing should not be viewed as a recommendation for such direct engagement. Insofar as the Renter violates its obligations towards the toll road/fast lane operator, and/or insofar the Renter engages the toll road/fast lane operator directly and neglects to cancel its subscription at the end of the rental period, the Renter shall bear all relevant charges, fines and legal expenses, in addition to the aforesaid service fee, even if the Renter is not the party who used the Car in such circumstances.
5.5. A Renter that rented a Car under a Framework Agreement or a Replacement Vehicle Service Agreement undertakes to pay directly to Eldan such payments as expressly set out in the Agreement (or other document executed by the Renter in Eldan’s favor), without derogating from the obligations and liability of the entity which is the counterparty to the Framework Agreement or the Replacement Vehicle Service Agreement in accordance with the terms of the relevant agreement.
5.6. Without derogating from the other Rental Terms, Eldan shall be entitled to terminate the Agreement and to demand the return of the Car upon violation of the Agreement and/or the Rental Terms by the Renter.
5.7. Upon signing the Agreement, the Renter shall be required to present a credit card under its/his/her own name, which shall be used in respect of any payment or other extra as the Renter may be required to make in connection with these Rental Terms.
5.8. In addition to the above, the credit card shall be used as security for any payment due by the Renter to Eldan in accordance with the Agreement and the Rental Terms, up to the amount specified in the Agreement, subject to the approval of the credit card company (herein, the “Security”), and this Security shall be renewed from time to time. The Renter is required to ensure in advance that the credit card has a sufficient line of credit to provide the Security. Eldan may use the credit card, immediately and without prior notice, to perform any payment the Renter is required to make under the Agreement and the Rental Terms and/or under any applicable law. In the event that Eldan uses the Security as aforesaid, Eldan shall receive a new confirmation from the credit card company to fully reinstate the Security in Eldan’s favor, as if Eldan had not used the Security. Eldan shall notify the credit card company 45 working days following the termination of the rental period, of the release of the Security, unless the Car the Car is returned damaged or in the event that the Car’s accessories are found to be defective, missing, or damaged.
5.9. In certain exceptional cases in Eldan’s sole discretion, and as an alternative to the provision of the Security by credit card as provided above, the Renter shall on signing of the Agreement pay a cash deposit in the amount set forth in the Agreement, in accordance with the following provisions:
5.9.1. Eldan may deposit the cash deposit in its accounts and treat these funds as it treats its own funds. It is hereby clarified that this deposit shall not be linked to any index and shall not carry any interest. Eldan may offset such amounts from the deposit, immediately and without prior notice, in order to make any payment the Renter is required to make under the Agreement and the Rental Terms and/or or under any applicable law. In the event that Eldan uses the deposit as aforesaid, the Renter shall be required to restore the deposit to the amount at which it stood immediately prior to such exercise within 7 days of having been given notice of the matter by Eldan.
5.9.2. Eldan shall return the deposit to the Renter within 45 working days of the return of the Car and shall contact the Renter using the contact details given by the Renter for this purpose. If Eldan is unable to contact the Renter as a result of having been provided erroneous contact details and/or lack of cooperation on the part of the Renter, the deposit shall be credited to the Renter with Eldan. It is hereby clarified that the deposit shall be repaid in NIS regardless to the foreign currency in which it was paid, and in the event that the deposit was paid in a currency other than NIS, return of the deposit shall be made according to the exchange rate published by the Bank of Israel for that currency as it was known at the time of the initial delivery of the Car.
5.9.3. It is hereby clarified that the deposit shall not create a trustee-beneficiary relationship between Eldan and the Renter and that in any event the provisions of the Trust Law, 5739-1979 (including sections 3, 6, 7, 8, 10 and 13 thereof) shall not apply to the Rental Terms.
Nothing in the provisions of Sections 5.8 and 5.9 above shall derogate from any other remedies to which Eldan is entitled to under the Rental Terms and according to law.
Eldan may at its sole discretion approve payments by a debit card, and in such case the provisions of Section 5.9 shall apply mutatis mutandis.
5.10. The Renter shall make all payments it is required to make according to the Agreement and the Rental Terms at the end of the rental period, except in the following circumstances: (a) if the rental is for more than 30 days, the Renter will be charged for the rental and ancillary charges upon completion of each 30 days of rental; (b) any charge relating to an accident involving the Car will be charged promptly following such accident upon Eldan’s first demand; and (c) payments for traffic and parking tickets, toll-road/fast lane charges, and any service fees in connection with any such payments will be charged promptly following receipt of such charge upon Eldan’s first demand . Any payment not made by the Renter in time shall carry default interest at the maximum interest rate applicable to allotted credit deviations in a revolving debitory account in NIS at Bank Leumi Le-Israel Ltd. Nothing in this section shall derogate from any other remedy to which Eldan is entitled under the Rental Terms and according to law, in any event of a delayed payment by the Renter.
5.11. The estimated cost set forth in the Agreement and the terms therein (including prices, level of Security or deposit, kilometer quota and kilometer surcharge payment) were set based upon the rental details described in the Agreement (including type of car, rental period, ordered extras, etc.), and shall change according to Eldan’s pricelist if such details are varied or changed. Without derogating from the above, if any amounts set forth in the Agreement includes VAT, and the VAT rate changes during the rental period, the relevant amount shall be adjusted accordingly.
5.12. In the event that during the rental period the Renter shall replace the rented vehicle with another vehicle (one or more), an updated rental agreement shall be issued at delivery of the new vehicle. This updated agreement shall set forth the updated estimate cost reflecting the rental cost for the replaced vehicle(s) as well as the newly rented vehicle (hereinafter: the “Updated Estimated Cost”). It is hereby clarified that the Updated Estimated Cost shall not include charges for kilometer surcharge payment, Missing Fuel and damages (insofar as were caused to the Vehicle), and the charge for these variables shall be made in full at the end of the rental period and in accordance with these Rental Terms.
5.13. Any amount set in any currency in the Agreement shall be converted to the currency actually used to make the payment, whether due to the Renter’s request or for any other reason, in accordance with the latest exchange rate set by the Bank of Israel as was known at the time of the initial delivery of the Car.
- 6. Accidents/Thefts
6.1. In the event of an accident (however minor) and/or a loss and/or damage and/or theft and/or any other criminal act in connection with the Car, the Renter shall immediately notify Eldan and the authorities as required by law. In any such occurrence, the Renter undertakes not to give any third party and/or other person any admission, offer, promise, waiver, compromise and/or payment and/or to give information (apart from information one must provide under applicable law) in connection with the event in which the Car was involved. The Renter shall record all the details of the parties to an accident, including their names, contact information, details of their vehicle license and their insurance, as well as the names and contact information of any witnesses to the accident. If the Renter fails to report the accident to Eldan in the timeframe set out above, the Renter shall be liable for any costs and damages as a result of such failure to report.
6.2. The Renter shall immediately take all necessary measures in order to minimize the damage to the Car in accordance with Eldan’s instructions, but under no circumstances shall it leave the Car unsupervised and without any adequate precautions.
6.3. The Renter undertakes to cooperate with Eldan, and with a third party insurer if required, in providing any assistance and information required in connection with handling the matter, including the signing of affidavits, appearing for judicial hearings, etc.
- 7. Liability and Coverage of Damages
7.1. Eldan insures the Car with mandatory insurance according to law and third party insurance, the scope of which shall be determined by Eldan from time to time, subject to applicable law. The provisions of the mandatory insurance and the relevant insurance policies constitute an integral part of the Rental Terms and the Renter is required to use and operate the Car in accordance with said provisions.
It is hereby clarified that Eldan does not insure the Car with comprehensive insurance.
7.2. The coverage granted by Eldan to the Renter with regards to third party damages is limited to an amount not exceeding NIS 600,000 per insurance event (hereinafter: the “Coverage Limit”) (irrespective of the amount of the third-party insurance policy actually purchased by Eldan). Upon the occurrence of damage the cost of which exceeds the Coverage Limit, the Renter shall bear at its own expense any difference between the Coverage Limit and the full cost of such damage, and shall pay the difference thereof to the third party and/or to the insurance company and/or to Eldan (hereinafter: the “Third Party Coverage Difference”).
7.3. The Renter is required to purchase comprehensive coverage from Eldan which exempts the Renter, subject to the above limitations and the other Rental Terms, from paying for accident damages to the Car itself and/or any third party in the scope covered under the standard insurance policy for private and commercial vehicles of up to 3.5 tons (hereinafter: the “Comprehensive Coverage”), except for the Deductible amount in accordance with the following. It is hereby clarified that unless stated otherwise in the Agreement, in signing the Agreement the Renter shall be deemed to have purchased the Comprehensive Coverage.
7.4. In case of theft, damage or loss to the Car or to any of its accessories (including the windshields of the Car) and/or damage that the Renter and/or anyone on its behalf caused to the Car (whether in a self-imposed accident or in an accident with a third party) and/or to a third party or to the Car or other property of a third party, the Renter shall be liable for this damage for each point of damage as set out below:
7.4.1. If the damage is in the amount of the deductible set out in the Agreement (hereinafter: the “Deductible”) or higher, then the Renter shall be required to pay the Deductible only.
7.4.2. Notwithstanding the aforesaid, in any event where said damage was caused due to an accident in which a third party was involved, the Renter will be charged the full Deductible, irrespective of the actual amount of damage.
7.4.3. If the amount of said damage is lower than the Deductible (and not caused in the circumstances described in Section 7.4.2 above), the Renter will be charged in accordance with the amount of the damage itself (including labor and parts).
In is hereby clarified that a “point of damage” for purposes of this Section 7.4 is an event of accident, so that in the case of damage arising from different events of accident, the Renter will be charged the Deductible (in the case of Sections 7.4.1-7.4.2 above), or the amount of the damage itself (in the case of Section 7.4.3 above), for each event of accident separately.
The “amount of damage” for purposes of this Section 7.4 is the total damage caused to the Car and any of its accessories, which includes, for the avoidance of doubt, any labor, parts, and full compensation to Eldan for all of its losses, costs and expenses.
The estimation of the amount of damage for the purpose of Section 7.4 above, shall be performed by a representative of Eldan who is not an appraiser, to the best of his/her knowledge, training and experience. In any event, insofar as Eldan decides, in its sole discretion, to not repair the Car, whether during the Lease Period or upon its conclusion, the Renter shall be charged the total amount of damage based on the evaluation of Eldan or anyone on its behalf as if Eldan had performed the repair thereof.
7.5. Limitation of the Renter’s liability (in accordance with Section 7.4.1 above) is contingent upon the Renter complying with all provisions of the Rental Terms and the provisions of the insurance policies. If the Renter and/or anyone on its behalf does not act as aforesaid, the Renter shall be responsible to compensate and indemnify Eldan and/or a third party for any damages, losses, costs and expenses (including attorney’s/ appraiser’s fees) incurred by Eldan and/or by a third party as a result thereof, including claims and/or demands of a third party against Eldan and/or a decline in the value of the Car (on the basis of an opinion of an appraiser appointed by Eldan), whether directly or indirectly, and the Renter’s liability shall not be limited solely to the Deductible.
7.6. The following damages are the sole responsibility of the Renter and are not covered in any way whatsoever, regardless of the circumstances in which the damage was caused or the Renter’s responsibility for the damage (the “Excluded Damages”). Upon the occurrence of the above Excluded Damages, the Renter shall compensate and indemnify Eldan and/or any third party for any damages, losses, costs and expenses (including attorney’s/appraiser’s fees) incurred by Eldan and/or by a third party as a result thereof, including claims and/or demands of a third party against Eldan and/or a decline in the value of the Car (on the basis of an opinion of an appraiser appointed by Eldan), whether directly or indirectly, and the Renter’s liability shall not be limited solely to the Deductible:
7.6.1. Any damages to the roof or lower chassis of the Car and/or consequential damages to the Car due to an event in which the Car was involved (except insofar as the damages were caused by an accident event and said accidental event was not caused by the Renter and/or anyone on its behalf in breach of the Rental Terms);
7.6.2. Damages caused in the circumstances described in Section 6.1 above, in which the Renter did not provide Eldan the details of the parties to the accident (including their names, contact details, vehicle license details and insurance), as well as the names of the witnesses to the accident and their contact details;
7.6.3. Damages caused to Eldan relating to the theft of the Car (including the value of the Car itself) in circumstances when Eldan has a reasonable suspicion that the Renter was directly or indirectly involved with the theft of the car; and
7.6.4. Damage caused as a result of installations or a change in structure performed by the Renter contrary to the provisions of Section 8.5 hereunder.
7.7. Renter shall be solely liable for any damages to tires and their accessories (including flat tires and the air pressure valve). In case of a flat tire, the Renter shall independently turn to a tire repair shop and bear the cost of fixing the flat tire directly. Insofar as the repair is performed by Eldan, the Renter will be charged the cost of repairing the flat tire according to Eldan’s pricelist from time to time. In the event of damage to the tire which requires its replacement, the Renter will independently turn to a tire repair shop and will bear the cost of replacing the tire. Insofar as the replacement of the tire is handled by Eldan, the Renter will be charged with the cost of the replacement of the tire plus a handling fee at the rate of 25% of such cost.
7.8. It is hereby clarified that Eldan is not responsible and shall not bear any liability for damages and/or loss whatsoever to any contents and/or any property that was in the Car or stored in it and/or consequential damages arising therefrom, of any kind whatsoever, and the liability to cover such damages shall be borne solely by the Renter.
7.10. The Renter hereby irrevocably appoints Eldan and/or anyone on its behalf to be its authorized attorney in any legal or other proceeding in connection with the rental or the Agreement. The Renter appoints Eldan and/or anyone on its behalf to file in its name and stead any claim against a third party arising, directly or indirectly, from the rental of the Car, including damages caused to the Car or to the Renter or to any third party, if caused. Without derogating from the generality of the foregoing, Eldan shall be entitled to compromise or to act in any manner which it may deem fit in its sole discretion with respect to any such claim, and any act performed by Eldan shall bind the Renter, without this having the effect of derogating from any obligation undertaken by the Renter according to the Agreement and/or the Rental Terms and/or under applicable law.
7.11. Without derogating from the generality of the foregoing, in any case of damage caused at the fault of a third party, Eldan may, at its sole discretion, sue the third party for such damages and the Renter hereby authorizes Eldan to sue for the Deductible on his/her/its behalf. In such event, Eldan shall refund the Deductible to the Renter, provided that Eldan has been fully reimbursed for all of its damages and expenses. It is hereby clarified that the refund of the Deductible shall not be linked to any index and shall not carry any interest. In order to receive a refund in accordance with this section (insofar as Renter is so entitled), the Renter must contact Eldan in writing for the purpose of arranging such refund. It is clarified that receipt of the Deductible as aforesaid is subject to the Renter’s execution of an undertaking to indemnify Eldan, up to the amount of the Deductible, in the event that Eldan is sued and/or a third party demands that it compensates any third party in respect of the damages caused by the Renter.
7.12. In any event wherein Eldan is required to compensate a third party for damages caused to such third party, and the amount Eldan paid to such third party, in addition to the compensation for Eldan’s damages and expenses, is lower than the amount of the Deductible which Eldan charged the Renter - the Renter shall receive a refund, in accordance with Section 7.11 above.
7.13. A Renter referred to Eldan by Enterprise Rent-A-Car, National Car Rental and/or Alamo Rent A Car, such Renter who purchased a “basic product” (i.e. time and mileage exclusive of the Comprehensive Coverage) holding a foreign credit card which provides comprehensive coverage on the same scope as provided by Eldan (in accordance with Section 7.3 above), may activate such comprehensive coverage, provided however that in such case the Renter is required to purchase LDW coverage in the amount stated on the Agreement in respect of personal injury and death of the driver of the Car, passengers in the Car, and third parties and third party standard property damages up to NIS 600,000 per event. It is hereby clarified that in such circumstances the Renter shall be responsible to inform the credit card company of such decision and to ensure the scope and coverage conditions provided by the credit card company. It is hereby clarified that by not purchasing the Comprehensive Coverage from Eldan and subject to the coverage provided to the Renter by purchasing the LDW coverage, the Renter (and not the credit card company) is solely liable for any damage, theft or loss to the Car or its accessories, and all related expenses shall be charged with the Renter’s credit card. It is hereby clarified that Eldan will not allow Renters to enjoy this alternative coverage in respect to certain extraordinary Cars as resolved by Eldan from time to time in its sole discretion and in such circumstances the Renter shall be required to purchase the Comprehensive Coverage as a pre-condition to the rental of the Car.
7.14. In the event of damage to the Car or any of its accessories as part of a compensable event in accordance with the Property Tax and Compensation Fund Law, 5721-1961 (such as war or hostilities), the Renter shall immediately deliver to Eldan an original confirmation from the police regarding the event’s occurrence and provide Eldan with full details regarding the event using the appropriate forms in Eldan. If the Renter does not present such documentation as described above, the Renter shall be liable for all damages caused to Eldan or the Car in connection therewith. It is hereby clarified that the decision whether to sue the state and demand compensation for the aforesaid event is in Eldan’s sole discretion.
8.1. The Renter undertakes to treat the Car in the same manner as an owner maintaining its own property, in a careful and reasonable manner and in accordance with any law and particularly traffic laws, and it/he/she undertakes not to utilize the Car in a reckless or malicious manner.
8.2. Without derogating from the generality of Section 8.1 above, the Car may not be used or operated or driven:
8.2.1. for transportation of passengers and/or cargo for pay or consideration;
8.2.2. for the towing or pushing of a vehicle or trailer or any other object;
8.2.3. for competitions, tests, races, for the purpose of driving lessons, speed tests or vehicle capacity tests;
8.2.4. where passengers or cargo are transported beyond the limit permissible by any law;
8.2.5. where the Renter or any other driver of the Car is under the influence of alcoholic and/or intoxicating beverages and/or under the influence of drugs and/or any other substance likely to affect alertness and discretion in driving and/or if any of them has any health defect, whether physical or mental, which may affect their driving ability;
8.2.6. by a driver who is not permitted to drive according to the Rental Terms or according to applicable law, including without a valid driver’s license that is suitable for the type of Car;
8.2.7. outside the borders of the State of Israel, including the autonomous territory defined as Area A in the agreement signed between the State of Israel and the Palestinian Authority, or any other territories which according to the instructions of the authorities or the Israeli Defense Force the travel of Israelis is prohibited therein;
8.2.8. in an unlawful manner or for unlawful purposes;
8.2.9. for the transportation of toxic materials and/or explosives and/or hazardous and/or radioactive materials;
8.2.10. for violent or political purposes or for purposes of strikes and riots;
8.2.11. on unpaved roads and/or roads that are not suitable for driving a private vehicle or in any manner which may cause damage to the Car.
8.3. The Renter undertakes not leave the Car for any reason whatsoever for any period of time whatsoever: (a) without activating the protective measures installed therein or (b) when the protective measures therein are out of order and the person using the Car is aware thereof and does not report the same to Eldan or (c) when the code number for activating the protective measures is visible and/or written in the Car, or (d) when the keys of the Car are left inside it or (e) when the Car is left with the engine running without supervision and appropriate cautionary means or (f) without taking any reasonable measures to prevent the theft and/or the loss thereof. In addition, the Renter will avoid abandoning the car keys and shall notify Eldan immediately in any event of loss and/or theft of the car keys.
8.4. The Renter undertakes to allow Eldan to examine the Car throughout the entire duration of rental period at any reasonable time with prior coordination, and to comply with all of Eldan’s directives and instructions in connection with the Car and the rental from time to time.
8.5. The Renter undertakes not to perform any change to the structure or any part of the Car or the installments therein, not to replace locks in the Car, not to remove from the Car any accessory and/or instrument and/or part and/or device belonging thereto and/or to make any installation in the Car and/or perform any repair or work in the Car without receiving Eldan’s prior written consent.
8.6. In the event that Eldan installs an “Ituran” tracking device or a similar tracking device, Eldan may approach the company providing such protective measures at any time and at its sole discretion with a request to trace the Car’s location. By signing the Agreement, the Renter fully consents to the aforesaid and waives any claim as to violation of privacy by it/him/her or by anyone using the Car.
8.7. The Renter shall provide Eldan with complete and accurate information regarding its/his/her identity and contact details on the rental of the Vehicle or at Eldan’s request.
8.8. The Renter shall fill up the gas and oil tanks of the Car according to the manufacturer’s instructions and shall be liable for any damages caused to the Car as a result of filling gas or oil not in accordance with such instructions.
- 9. Privacy
9.1 In the course of the rental, whether prior to or during the rental, Eldan collects information about the Renter (the “Information”). In such framework it is possible that Information from which the Renter can be personally identified therefrom may also be collected, including but not limited to the Renter’s full name, passport details, driver’s license number, date of birth, email address, phone number, credit card information, information regarding the Renter’s browsing habits, the pages viewed by the Renter on Eldan’s website (the “Website”) and the location of the computer through which the Renter used the Website (hereinafter jointly and severally: “Personal Information”). Personal Information shall be collected only if received voluntarily by the Renter, including, without limitation, when signing the Agreement, filling out forms on the Website, making a reservation, updating and/or cancelling reservations, contacting customer service, etc.
9.2 Lawful basis. The lawful basis for collecting the Information is that the Renter is required to provide the Information to Eldan in order to enable Eldan to provide the Renter with all the relevant services under the Agreement. By executing the Agreement, the Renter shall be deemed to declare and confirm that he is providing the Information to Eldan in his own free will and agrees to Eldan’s usage of the Information as detailed below. The Renter is aware that part of the Information (full name, address and driver’s license number) is required under applicable law for the purpose of entering into the Agreement with Eldan. In addition, if the Renter used Eldan’s services in the past, Eldan has a legitimate business interest for matching the data Eldan collects with other data Eldan had previously collected, to personalize the content Eldan sends the Renter, to make it more suitable and relevant to the Renter’s needs.
9.3 Use of Information. In general, Eldan uses the Renter’s Information (including the Renter’s Personal Information) to fulfill the Renter’s specific requests, and to send the Renter other account related information. Eldan may use the aforesaid Information, including, inter alia, Information collected about patterns of use on the Website, for the following purposes: (1) providing the applicable services to the Renter, including, inter alia, contacting the Renter to facilitate such performance, assigning traffic and parking fines and handling toll road and fast lane payments as well as general customer service; (2) improving the Website, its services and materials; (3) facilitating future reservations on the Website, including contacting Renters if the need arises; (4) customizing content and advertisements provided to Renters and conducting analytic and/or direct marketing activities; (5) research regarding use of the Website and/or the use of Eldan’s services, including statistical analysis of sales; (6) collecting data on the quality and availability of Eldan’s services and examination of products sold; (7) conducting satisfaction surveys by email or by contacting the Renter on his cell phone or other number provided to Eldan; (8) providing updates regarding deals and promotions, subject to Renter’s right to not receive promotional information as noted below; and/or (9) response to legal requirements (e.g. request from law enforcement agencies) or any other legal matters such as to enforce local policies, to handle damage claims with third parties including insurance companies, to respond to claims or to protect the rights, property, or safety of others (jointly, the “Purposes”).
9.4 Disclosure of Information and Transfer of Data. Except as otherwise provided in the Rental Terms, Eldan exercises reasonable efforts to ensure that Eldan never intentionally discloses any of the Renter’s Personal Information, as an individual user to any third party without having received the Renter’s permission, except as provided for herein or otherwise as permitted or required under law.
Notwithstanding the aforesaid, Eldan may employ third party companies and individuals to facilitate the performance of the services or any portion thereof, to perform tasks (e.g., without limitation, delivery, marketing, data management, or technical support maintenance services, database management, web analytics and improvement of the services), to assist Eldan in analyzing how the Website is used and for the Purposes described above.
Eldan may also disclose Personal Information to its business partners around the world which offer or advertise Eldan’s services. These business partners may also include companies within the Enterprise group of companies or Rentalcars.com. When the Renter makes a booking on one of such business partners’ platforms, they will send Eldan some of the personal data that has been provided to them. Similarly, Eldan may send Eldan’s business partners some of the personal data related to the Renter’s booking. Eldan may also disclose Personal Information in any dispute, claim, demand or legal proceedings, if any, between the Renter and Eldan or anyone on its behalf or to enforce policies, to respond to third party claims or to protect the rights, property, or safety of any third parties.
These third parties may be located in countries other than the Renter’s, and Eldan may send them information Eldan receives. These third parties may have access to the Renter’s Personal Information only for purposes of performing these tasks on Eldan’s behalf and under obligations similar to those above. In such cases, these third parties must abide by Eldan’s data privacy and security requirements and are not allowed to use Personal Information they receive from Eldan for any other purpose. When Eldan transfers Personal Information, Eldan uses a variety of legal mechanisms, including contracts, to help ensure that the Renter’s rights and protections travel with the Renter’s data. Eldan will transfer Personal Information while assuring appropriate and suitable safeguards.
Eldan may transfer the Renter’s Information, including Personal Information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change.
Eldan may provide access to the Renter’s Personal Information to Eldan’s contractors who are performing services for Eldan in connection with Eldan’s Website or the services that the Renter has requested and/or to Eldan’s personnel in order to provide services to the Renter.
Furthermore, information about the Renter or the Renter’s account may also be released in order to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. Eldan will also release specific information in special cases, such as if the Renter uses the Website to perform an unlawful act or omission or takes any act or omission that may damage Eldan, its property and goodwill, or if there is an attempted breach of the security of the Website or a physical or property threat to the Renter or others. The authority supervising such activities is the Israeli Privacy Protection Authority, and the Renter has the right to file a complaint with it or any other relevant supervisory authority under and subject to applicable law.
9.5 The Renter’s rights. The Renter has the right to request a copy of the Information that Eldan holds about the Renter. If the Renter would like a copy of some or all of the Renter’s Personal Information the Renter may contact Eldan with a request and Eldan may charge a small fee for such service. The Renter may request to correct Information he thinks is inaccurate as well as require the Renter’s Personal Information to be transmitted to another controller.
9.6 Additionally, if the Renter has reserved the rental while being located in certain jurisdictions, in particular those located within the European Union (the "EU") or within the European Economic Area, the Renter may be afforded specific rights regarding his Personal Information as follows: (1) request a rectification of the Renter’s Personal Information where the Information Eldan holds about the Renter is incorrect or incomplete; (2) object to the processing of Personal Information for direct marketing purposes; (3) object to the processing of Personal Information where Eldan’s lawful basis for such processing is that such processing is necessary for Eldan’s legitimate interests but without derogating from Eldan’s rights to continue processing such Personal Information under any other lawful basis, such as if required in connection with the performance of the services or if Eldan needs to retain such information in connection with any regulatory retention requirement; (4) object to an automated decision making (including profiling) in certain circumstances; (5) request the erasure of Personal Information in certain circumstances, such as where processing is no longer necessary for the purpose it was originally collected for, and there is no compelling reason for Eldan to continue to process or store it (for instance if such retention is required in connection with the services or under any regulatory retention requirement); and (6) receive the Personal Information, or ask Eldan to transfer it to another organization.
If the Renter wishes to file a request regarding any of the above the Renter may contact Eldan at email@example.com.
9.7 Data Retention. Eldan retains information for no longer than may be necessary for it provide its services and for its reasonable business needs or as may be otherwise required under applicable law. If the Renter withdraws his consent to Eldan processing the Renter’s data, Eldan will erase the Renter’s personal data from Eldan’s systems (unless the data is required to be retained under applicable law or for Eldan to establish, exercise or defend against legal claims or it is necessary for the performance of the requested services), and inform other relevant parties to which Eldan has disclosed information of the erasure request.
9.8 Rental referred by the Enterprise Group of Companies. In case of rentals referred to Eldan by Enterprise Rent-A-Car, National Car Rental and/or Alamo Rent A Car (the “Enterprise Holdings Group”), the Renter’s signature on the Agreement shall constitute the Renter’s consent to Eldan transferring the Renter’s personal data to entities in the Enterprise Holdings Group. Without derogating from the aforesaid, Eldan may transfer the Renter’s personal data to entities in the Enterprise Holdings Group located in: (i) the EU or (ii) the United States which are certified in accordance with the Privacy Shield or have executed the standard contract clauses approved by the European Commission and/or other relevant jurisdictions, or has adopted other means to ensure that the transfer takes place under guarantees recognized as giving an adequate level of protection of personal data.
Eldan and/or Enterprise Holdings Group may also use and disclose personal data to respond to legal requirements (e.g. request from law enforcement agencies), to enforce local policies, to respond to claims or to protect the rights, property, or safety of others.
- 10. Miscellaneous
10.1. Eldan shall be entitled, from time to time, to charge and/or pledge the Car and/or transfer and/or assign and/or to otherwise dispose of its rights and obligations in the Car pursuant to the Agreement and/or the Rental Terms, and/or its contractual rights and/or obligations under the Agreement and/or the Rental Terms, to others, without the Renter’s prior consent, provided that the Renter’s rights under the Agreement and/or the Rental Terms shall not be prejudiced. The Renter undertakes to execute any document necessary in order to assign Eldan’s rights and undertakings and/or the charging thereof, as aforesaid.
10.2. The Agreement and the Rental Terms shall be interpreted according to the laws of the State of Israel. The sole place of jurisdiction on all matters pertaining to the renting of the Car or the Rental Terms or to the Agreement or in connection therewith shall be the competent court in Tel Aviv-Jaffa.
10.3. The Agreement and the Rental Terms, together with all the appendices thereto, constitute the full agreement between the parties. Any representation, warranty, declaration or undertaking provided to the Renter prior to the signing of this Agreement, to the extent ptovided, is null and void. In any case of contradiction between these terms and the Agreement, the provisions of the Agreement will overrule.
10.4. Any change in the terms of the Agreement or the Rental Terms or a waiver of any of the rights of the parties pursuant thereto shall be made only in writing, unless otherwise stipulated in the Rental Terms.
10.5. If an administrative or judicial order is imposed to prohibit the use of the Car (hereinafter: the “Prohibition Order”) due to an act or omission of the Renter or any person in its behalf, then the Renter undertakes to compensate and indemnify Eldan for any expenses Eldan shall bear in connection with the Prohibition, including any standstill costs during the Prohibition period, its storage and/or locking of its wheels, the towing, transport and release thereof, including trial expenses and legal fees in any proceeding in connection with the Prohibition, including during an appeal process (including attorneys’ fees), all in accordance with the provisions of the Traffic Ordinance (New Version), 5721-1961 and/or any other statute or decision. If a Prohibition Order is imposed as aforesaid, the Renter shall be charged with rental fees in respect of the entire period of prohibition of use of the Car, without the Renter being entitled to a substitute Car from Eldan.
10.6. Notwithstanding the provisions of any law, the Renter shall not be entitled to withhold the Car against an alleged debt of Eldan to it/him/her.
10.7. Notwithstanding the provisions of any law, the Renter shall not be entitled to set off any amounts which it alleges Eldan owes it against the payments it owes Eldan under the Rental Terms.
10.8. The Renter hereby waives any claim regarding indirect or consequential damage, including loss of profit.
10.9. Failure by Eldan to enforce any of its rights pursuant to the Agreement, the Rental Terms and/or under any law, shall not constitute a waiver of such rights and shall not prevent Eldan from enforcing its rights in the future (including with regards to kilometer surcharge payment).
10.10. Eldan’s records, its accounts and documents shall constitute prima facie evidence in connection with all matters relating to the renting of the Car and the Agreement, including with regards to the extent of the Renter’s debt to Eldan, the duration of the rental period, and the aggregate rental fees.
10.11. In these Rental Terms references in the masculine shall be interpreted to also refer to the feminine and references in the singular shall be interpreted to also refer to the plural, and vice versa, all according to the matter and context.