Terms of Use
Introduction
These terms of use (the “Terms of Use”) apply to the website operated by Eldan Transportation Ltd. of 20 Ha-haskala Boulevard, Tel Aviv and/or any of its subsidiaries and/or affiliated companies (jointly, “Eldan”) under the domain name: https://rent.eldan.co.il/en (the “Website”). Any use of the Website, including any transactions, reservations or the like made through the Website, as well as any information provided directly or indirectly via the Website, shall be regulated in accordance with these Terms of Use as well as Eldan’s privacy policy .
Any users of the Website (the “User(s)”) must read and confirm the Terms of Use before using the Website. Upon confirmation by a User that he/she has read the Terms of Use, the Terms of Use shall constitute a binding agreement between the User and Eldan and shall serve as a complete, final and irrevocable confirmation by the User that he/she has read the Terms of Use, understood them and agrees to their content.
Notwithstanding the aforesaid, accessing and/or browsing and/or using the Website, in any manner whatsoever and for whatever purpose, shall also constitute complete irrevocable consent to the Terms of Use. If User does not agree to the Terms of Use, in whole or in part, User is prohibited from visiting or using the Website.
Violation of the Terms of Use may result in blocking the User’s use of the Website, and may also lead to legal proceedings and/or other legal measures brought against the User by Eldan and/or anyone acting on its behalf and/or any authority and/or other third parties.
Eldan reserves the right to update and/or modify and/or amend and/or add and/or remove portions of these Terms of Use from time to time at its sole discretion, without prior notification. Any change made in these Terms of Use shall apply to all Users automatically whether or not they have consented to the same and it is the User’s sole responsibility to review these Terms of Use from time to time in order to be apprised with any such updates, modifications or amendments.
Eldan owns or is authorized to use any and all intellectual property rights, whether registered or unregistered, including any and all copyrights, patents (including pending patent applications), trademarks, logos or website designs, in relation to any and all information and/or content and/or any materials posted on or through the Website, including text, design, databases, programs, program codes, images, audio portions, videos, surveys and statistics (the “Materials”). Users may not copy, modify, reproduce, publish, broadcast, republish, alter, upload, post, publicly exhibit, transmit, sell, market or otherwise transfer any of the Materials from the Website, whether in whole or in part, without Eldan’s prior written consent.
Rentals via the Website
Eldan offers a wide variety of vehicles for rental in Israel (the “Vehicle(s)”).
Details of the Vehicles available for rental through the Website are listed under the tab “Our Fleet” and also appear when making a reservation. Subject to these Terms of Use, Eldan reserves the right to change from time to time, at its sole discretion, the Vehicles and prices (including special deals and promotions) without prior notification.
Any and all images that appear on the Website are for illustration purposes only and there may be changes and/or inaccuracies and/or discrepancies between the images of the Vehicles as they appear on the Website and the Vehicles that are actually reserved and rented. Additionally, any description relating to the adaptability of the Vehicle to a certain number of persons or the Vehicle being able to store a certain amount of luggage is based on average measurements and should be checked on a case by case basis. In light of the foregoing, it is hereby clarified that the images do not constitute a representation or undertaking on behalf of Eldan with respect to car rentals. Without derogating from the specific terms of promotions or special offers advertised by Eldan from time to time, the content and information displayed on the Website shall not be interpreted as a proposal as defined in the Contracts Law (General Part), 5733-1973 and/or as a liability of Eldan towards a particular User in connection with the terms of any transaction, its availability or its consummation.
Eldan does not bear responsibility or liability for any errors or mistakes that may appear on the Website, including inaccuracies in the description of the Vehicles and/or prices for the same. The use of the Website and reliance on the information appearing therein is done at the sole responsibility of the User.
Reservations
In order to make a reservation, User must follow all the instructions set out on the Website under the “Reservation” tab. User will be required to complete details of the required reservation, including pick-up and return locations, date and time, car group, upgrades, extras and also provide personal details required for the reservation from time to time (the "ReservationDetails"). It is hereby clarified that the User does not select a specific model of car, but rather of a car group which contains certain models of cars, as indicated in the reservation process.
In order for the reservation to be properly and fully processed, the reservation must be submitted in a correct and proper manner, which includes completing all of the required details in the mandatory fields marked with an asterisk or as otherwise indicated in the reservation process. A reservation which includes incomplete or erroneous Reservation Details or which was improperly submitted and/or processed shall not bind Eldan (even if the source of the fault is not the User and/or is due to a technical fault/malfunction on the Website).
Upon submission of the reservation, User shall receive an email to the email address noted in the Reservation Details containing one of the following:
(1) a car rental voucher confirming the reservation and its details (the ”Reservation Confirmation”); or
(2) a notice stating that the reservation is still pending with Eldan and is awaiting further confirmation.
Upon receipt of the Reservation Confirmation by User, Eldan shall be bound to provide User with a Vehicle from the relevant selected group, however it does not undertake to provide User with a specific model of Vehicle within the selected group and it reserves the right to substitute similar models to those reserved. The Vehicle images that appear on the Website for each Vehicle group are and shall be for illustration purposes only.
It is hereby clarified that a reservation that has not been confirmed by receipt of a Reservation Confirmation shall not bind Eldan in any way whatsoever.
Any and all rentals are and shall be subject to the principal terms of rental (the “Terms of Rental”) as well as the terms and conditions set out in Eldan’s standard car rental agreement, to be signed by the User at the time of pick-up of the Vehicle (including the rental terms enclosed thereto) (the “Full Rental Terms”, and together with the Full Rental Terms: the “Standard Agreement”).
Extras
The Website offers the Users a variety of additional service offerings to the rental of the Vehicle including, but not limited to, the following: child safety seats (for ages 1-3, maximum weight - 18 kg), boosters (for ages 4-8, minimum weight - 18 kg), additional driver supplement, Excess Waiver Coverage (cancellation of deductible), Windshield Coverage, iPads, etc. (the “Extras”).
Extras shall be paid for on the Website or at the rental counter or directly to the relevant third party supplying the relevant service (as indicated in the reservation process). It is clarified that Extras which are not directly provided by Eldan, shall be subject to the terms of use of the relevant third party supplying them and Eldan shall not be responsible for them. In the event of damage to and/or loss of any of the Extras, Eldan shall charge User for such damage or loss in accordance with the Standard Agreement (or the relevant third party’s terms of use).
Coverage for Damages
The Website offers the Users with such coverage options as set out in the Full Rental Terms . For more information, please refer to the Full Rental Terms.
Payment and Pick-Up
The estimated cost of the rental of the Vehicle shall be the cost indicated on the Website at the time of reservation which will not constitute the final cost to the User but only an estimated cost based on the rental details at the time of reservation and may be subject to any change, amendment and addition to the rental details, including without limitation, shortening or extending the rental period, changing the place and date of pick-up/return of the Vehicle, the purchase of any Extras, etc.
During the reservation process, the User will have the opportunity to view the estimated cost for the rental in different currencies. The display of the estimated cost in different currencies is provided solely for the convenience of the User and the conversion is made according to the last representative exchange rate published by the Bank of Israel and known at that time. Notwithstanding the above, it is hereby clarified that the actual payment will be made only in the currency automatically selected by the system in accordance with the User’s geographical location. For example, if the User books the reservation while located in Israel, the payment for the reservation will be charged in NIS.
During the reservation process, User will be presented with several payment options: full or partial advance payment via the Website or payment at the rental counter upon return of the Vehicle. In some cases, at Eldan’s sole discretion, full payment at the rental counter only upon return of the Vehicle will not be possible, and User will be required to pay for the reservation either partially or in full upon making the reservation. Please note that the estimated cost of the rental may vary depending on the payment choice selected by the User. Any payment made in connection with the aforesaid will be possible only by using a valid credit card that can be cleared by one of the credit card companies operating in Israel and will be subject to the approval of the credit card company. Eldan will not honor any other means of payment.
The User must pick up the Vehicle at the scheduled pick-up hour and no later than two hours from such time. Otherwise, Eldan shall not be obligated to reserve the Vehicle for the User. It is clarified that during the summer, Jewish holidays and Christmas, the User must pick up the Vehicle at the scheduled pick-up hour and no later than one hour from such time. Otherwise, Eldan shall not be obligated to reserve the Vehicle for the User.
Upon pick-up of the Vehicle, the User must present a valid driver’s license, passport and a valid credit card under his/her name which must be the same credit card used for the reservation. Subject to the approval of the credit card company, such credit card shall serve as security for any payment owed by the User to Eldan in accordance with the Standard Agreement, up to the amount stated in the Standard Agreement, which shall in any event be no less than $700 , subject to the approval of the credit card company (the “Security”) and this Security will be renewed from time to time. User must make sure this amount can be secured and that it does not exceed the User’s credit limit. It is clarified that in order to implement the reservation, the credit card presented to Eldan must be that of the person driving the Vehicle.
It is hereby clarified that the minimal rental period is 24 hours. Any User renting 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.
It is hereby clarified that payments for the rental will not cover charges related to the rental in accordance with the Standard Agreement (such as deductibles (if applicable), traffic and parking violation charges, use of toll roads or fast lanes, fuel payments, kilometer surcharge payment, service/handling fees, etc.)
Prices are as advertised at the time of the reservation and, unless stated otherwise, do not include VAT. If User is an Israeli citizen, VAT will be automatically added to the prices displayed under the “Select a Car” tab (once User ticks the checkbox “Israeli Citizen” in the beginning of the reservation). For more information, please refer to the Terms of Rental.
Any amount which is not paid in full and/or on time, shall bear linkage differences and default interest at such rate applicable from time to time at Bank Leumi Le’Israel Ltd. with respect to debit accounts, to be calculated from the due date for such payment until the date of actual payment. In addition, User shall be charged by Eldan for collection expenses, including legal expenses and attorney fees, as may be incurred by Eldan.
Cancelling and Updating Reservations
User may cancel the reservation in the following manner: (a) by completing the Cancel Reservation Form (b) by sending a request by email to: cancelorder@eldan.co.il; (c) by contacting Eldan by telephone at 972-3-5579000; or (d) by facsimile at 972-077-7613889. Each such cancellation notice should be made within 14 days of making the reservation and at least 2 working days before the pick-up date. Eldan shall send the User a confirmation of such cancellation up to 2 working days after receiving the User’s cancellation notice. In case of cancellation within the above timeframe, Eldan shall be entitled to charge the User, the lowest of 5% of the cost of rental or NIS100 as a cancellation fee, using the credit card provided by the User at the time of reservation. Notwithstanding the aforesaid Eldan shall be entitled to charge the User a cancellation fee of up to NIS150 in each of the following cases: (a) in case of a cancellation not within the above timeframe; or (b) in case User does not arrive to pick up the Vehicle at the required pick-up time (“No Show”); or (c) in case User arrives to pick up the Vehicle but does not meet the pre-conditions required to rent the Vehicle under these terms or the Full Rental Terms(for example if the User does not have sufficient credit in his/her Credit Card or does not present a valid driver’s license). A cancellation fee may be charged for each reserved Vehicle subject to applicable law.Notwithstanding the aforesaid, if the cancelled order was for a Mini-Compact, Midsize or Family vehicle, the Renter shall not be charged a cancellation fee provided that the Renter notified Eldan of the cancellation within 1 working day of the originally required pick-up time. Otherwise, the Renter shall be charged a cancellation fee in accordance with the above.
A User which wishes to update the details of his/her/its reservation (including rental dates, type of vehicle, Extras, pick up/return location, coverage for damages, etc.) may do so by completing the Update Reservation Form or by contacting Eldan by telephone at 972-3-5579000. An Eldan representative will contact the User up to 2 working days after receiving the User’s notice, to confirm whether such update is acceptable to Eldan and whether such update affects the estimated rental cost. If Eldan does not confirm such update, for whatever reason, the initial reservation shall remain in full effect. If the User wishes to cancel the reservation (since the update was not confirmed or User does not agree to the updated cost), User may do so in accordance with the cancellation process set out above and may be charged with a cancellation fee, depending on the timing of cancellation as provided above. In any case, for the avoidance of any doubt, an update to the reservation will be effective only upon receipt of an updated Reservation Confirmation from Eldan. An “Update Reservation Form” which includes incomplete or erroneous Reservation Details or which was inadequately submitted and/or processed shall not bind Eldan (even if the source of the fault is not the User or such error is due to a technical fault/malfunction on the Website).
It is clarified that any update to any of the Reservation Details (including dates, vehicle type, pick up/return location, Extras, coverage for damages, etc.), may change the total estimated cost of the rental, and Eldan will not be bound by the pricing displayed in the initial reservation process, including prices of Extras and coverage for damages.
If after the Reservation Confirmation, for whatever reason, the Vehicle and/or any Extras reserved as part of the reservation are unavailable, Eldan will offer User an alternative Vehicle and/or Extras equivalent to those reserved by the User (if available). If User chooses not to rent the alternative Vehicle and/or Extras, the reservation will be cancelled and Eldan will return to the User the full payment made by User without any cancellation fee. It is hereby clarified that in such case, the only remedy available to User will be the refund of such payment and User shall not be entitled to, and hereby irrevocably waives, any other claims for damages, losses, costs, etc. including direct or indirect damages.
Without derogating from the foregoing, Eldan reserves the right not to honor and/or to cancel reservations, at any time and at its sole discretion, including, but not limited to, the following cases: (1) the credit card company did not authorize the relevant charges and/or the credit card used for the reservation is blocked or restricted in any way; (2) the User provided incorrect or fraudulent information or the reservation was made by a third party misrepresenting himself/herself as the User; (3) User performed or is trying to perform an illegal act using the Website or is enabling, facilitating, soliciting, assisting or encouraging such an act; (4) User committed an act or omission that is, or that could cause, damage to Eldan and/or any third parties; (5) User violated the Terms of Use, the Terms of Rental, the Standard Agreement and/or any other agreement with Eldan or its representatives; (6) if it turns out that a clerical or a technical error was made in presenting any of the reservation components with regard to the Vehicle (including the type of car), Extras, coverage for damages, prices, payment terms, etc.; (7) in case of a crash or breakdown of the Website’s server or system; and/or (8) in case of force majeure, i.e. acts of war, terrorism, hostilities or other circumstances beyond the control of Eldan which prevent or may reasonably prevent, at its discretion, the making and/or honoring of a reservation.
Eldan's Expressway
Eldan's Expressway is a unique service currently provided at the Eldan branch in Ben Gurion Airport. Eldan's Expressway allows the User to shorten the Vehicle pick-up process by receiving the Vehicle at the airport parking lot and entering into the Standard Agreement electronically, without having to wait at the rental counter.
In order to enjoy the benefits of the Eldan’s Expressway service, User must choose the “Eldan’s Expressway” option and Ben Gurion Airport as the pick-up location in the “Reservation” tab. Prior to completion of the reservation, User will be required to register to such service by filling an Eldan’s Expressway form, appearing before the “Complete” tab. The details provided in the form are necessary for preparing the Standard Agreement in advance and therefore are a pre-condition to allowing the User to enjoy such service and therefore, it is crucial that User completes all the requested details in the form. Partial completion of the Eldan’s Expressway form will not be processed by Eldan. Once User adequately fills such form, any further rental will only require User to submit certain details as part of the reservation process (even in cases where User has chosen (to the extent possible) to pay for the entire rental at the counter).
If technically possible, details regarding the pick-up shall be sent by text message directly to User’s cell phone. When the User arrives at the airport parking lot, an Eldan representative will be waiting for him/her, in order to verify User’s information and to implement the reservation. User shall be required to digitally sign the Standard Agreement and then will be handed the keys to the Vehicle. The Eldan’s Expressway service is optional and available to all customers without additional cost.
VIP Gold Club
User who has rented Eldan Vehicles (of any group) at least seven times per calendar year, may become a VIP Gold customer upon registering for the same in the “VIP Gold Club” tab in the reservation process. VIP Gold customers enjoy the following benefits:
- Faster and easier Check-In process through a separate counter at the airport.
- Free upgrade for Vehicles (up to group F).
Eldan reserves the right to remove User from the VIP Gold Club in case User ceases to meet the conditions of the VIP Gold Club as provided above.
When making a reservation, User must submit details as indicated in the reservation process in order to enjoy the benefits of being a member of the VIP Gold Club.
If User encounters any problem identifying himself/herself as a VIP Gold Customer, please contact Eldan at 972-3-5579000.
Use of the Website and Materials
Users shall only use the Website in accordance with these Terms of Use and for lawful purposes only and shall be prohibited from making use of the Website in the following ways (jointly and severally, the “Unauthorized Use”): (1) for distribution, marketing or promotion; (2) insertion of links on the Website without Eldan’s prior written consent; (3) making reservations which include incorrect details in whole or in part; (4) making changes and/or modifications to the Website and materials therein or attempting to do so; (5) disrupting and/or interfering with access to the Website, its components, servers and/or network connections and/or attempting to interfere with any use by other Users; (6) requesting or otherwise attempting to harvest, obtain or store Information; (7) disguising the origin of User's contact information; (8) using any computerized or automatic mechanism in order to collect information from the Website or make reservations through it; (9) violating any requirements, procedures, policies or regulations of networks connected to the Website; (10) in any way that may breach or violate, or attempt to breach or violate, any right of Eldan or a third party; (11) in any way that may harm, demean and/or slander others or denigrate their good name; (12) in a way that contravenes any law, competent authority or judicial decree; and/or (13) use which violates these Terms of Use.
Eldan reserves the right, at its sole discretion and at any time, to prevent or limit the use of the Website by any User making Unauthorized Use of the Website as aforesaid, without impairing its right to exhaust other remedies available under applicable law, and without prior notification. In addition, Eldan shall be entitled to take any legal action, in order to obtain the identity of Users making Unauthorized Use of the Website and shall comply and fully cooperate with any law enforcement authority and/or court order in connection with the same.
Web Crawlers
The Website is intended for individual use, and the use of automated software or programs (colloquially referred to as “web crawlers” or “robots”) to access the Website and download large amounts of data is expressly prohibited. The User acknowledges this is a condition of access, and undertakes not to employ such technology to access the Website. Use of such software constitutes grounds for Eldan to deny access to the Website.
Information Security
Eldan invests its resources and takes various security steps to prevent invasion of the Website’s computers and/or databases in order to prevent the possible invasion of privacy of Users. However, Eldan is unable to completely secure its computers and/or the Website’s databases from illegal access and prohibited use of information. Therefore, by using the Website, Users undertake that they will not have any claim and/or recourse and/or lawsuit against Eldan and/or anyone acting on Eldan’s behalf resulting from potential unauthorized accessing as provided above and/or exposure and/or use of information from this aforesaid unauthorized invasion of privacy.
Limitation of Liability
While Eldan uses reasonable commercial efforts to prepare and provide the services and materials on the Website, neither Eldan nor its representatives and/or affiliates shall be liable for any failure or inability to provide such service due to any event, condition or circumstances beyond Eldan’s reasonable control. The Website, its services and materials, are given on an “as is” basis, and without representation, undertaking and/or warranty of any kind, express or implied, including but not limited to any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, compatibility, security or accuracy, non-infringement or otherwise, including time and performance. Therefore, nothing stated on the Website or in these Terms of Use, reflects Eldan’s representation or warranty as to the reliability, pertinence, appropriate timing and accuracy of the information, content, items, links and/or graphics of the Website for any purpose. Although Eldan makes every reasonable effort to ensure that the information on the Website is as current and correct as possible, the Website may contain certain inaccuracies, omissions or errors. The use of the Website and reliance on the information that appears on it is therefore at User’s sole responsibility.
Eldan strives to maintain the Website and its activity. However, Eldan does not undertake that the services on the Website will not be disrupted or provided without interruption or without any errors, and cannot guarantee that the Website will be resistant to unauthorized access to Eldan’s computers or to damage, breakdown, mishaps or failures in all hardware, software, communications lines and systems at Eldan or at one of its suppliers affecting the normal operation of the Website.
Neither Eldan nor any of its affiliates and their shareholders, directors, officers, employees and/or others acting on their behalf from time to time shall bear any liability in any way for any direct, indirect, incidental, special, exemplary, punitive, consequential damages and/or other losses of any kind (including loss of profits) and/or expense caused to Users and/or someone on their behalf and/or in their stead or their property and assets, whether directly or indirectly, in connection with and/or resulting from their use of the Website, whether based on breach of contract, tort (including negligence), product liability or otherwise, whether or not such damage or expense arose from the said technical problems, including cases where reservation and/or cancellation and/or update of reservations were not processed and/or available for any reason, all subject to applicable law.
Indemnity
By utilizing the Website, each User undertakes to defend, exempt from liability and fully indemnify Eldan, its affiliates, including its and their shareholders, directors, officers, employees and/or anyone on their behalf, for any damage, loss, charge or expense incurred by either of them, directly or indirectly, including attorneys' fees and reasonable legal expenses, as a consequence of User’s use of the Website and/or in connection with or due to User’s violation of these Terms of Use and/or for any demand and/or claim raised against Eldan and/or its representatives, by User or by any person on User’s behalf or by any third party in connection with and/or as a result of User’s use of the Website.
Miscellaneous
The Terms of Use, their interpretation, validity and breach shall be governed by the laws of the State of Israel, without regard to its choice of law rules, and the sole venue for adjudication for any and all matters pertaining to the Terms of Use shall be the competent courts in the Tel Aviv district.
Failure to exercise and/or require the strict performance of any provision hereof or to enforce any right with respect thereto shall in no manner affect Eldan’s right to enforce the same at a later time and shall in no way be construed to be a waiver of such provision or right.
In any event that Eldan decides to deviate from these Terms of Use, it may do so at its sole discretion and without creating a binding precedent in any form and without obligating it to to act in the same manner or in a similar manner in any other case. Any waiver on the part of Eldan in connection with a violation of these Terms of Use shall not constitute a waiver in regard to any other violation of these Terms of Use.
If any provision in these Terms of Use is found to be unenforceable, such provision shall be limited or deleted to the minimum extent necessary so that the remaining provisions remain in full force and effect.
Use of the masculine or feminine in these Terms of Use is for convenience only and the provisions of these Terms of Use shall in any event refer to both men and women.
The subheadings in these Terms of Use are for convenience only and should not be considered for interpreting any of its provisions.
In any contradiction between the terms set out herein or the terms set out in the Terms of Rental, the terms set out in the Terms of Rental shall override. In any contradiction between the terms set out herein or the terms set out in the Standard Agreement, the terms set out in the Standard Agreement shall override.
The amounts detailed in these Terms of Use include VAT.
Any amounts set out in any currency in these terms shall be converted to the currency of payment based on the last representative exchange rate published by the Bank of Israel and known at that time of delivery of the Vehicle. In case any payment is made with a non-international credit card or American Express, such payment will be charged in $US or NIS, according to such last representative exchange rate, even if the prices and/or estimated rental cost are displayed in another currency.
These Terms of Use (including any other document referenced herein) contain all the terms relating to the use of this Website.
