Short Term Lease Agreement

This Short Term Lease Agreement (the “Agreement”) is entered into on the date of making a payment between the The ‘Lessor’ (Top Travel Israel) AND The ‘Lessee’ (Guest):

WHEREAS

The Lessee wishes to lease the apartment situated as laid out on the Top Travel Israel website – www.toptravel.co.il
The price has been laid out in the reservation quotation which the lessee accepts as well as accepting any extra payment charges incurred as laid out in the payments policy and/or under this agreement.

WHEREAS The Tenants Protection Law (Consolidated Version), 5732-1971, will not be applicable to the Apartment and/or to the lease awarded by the Lessor in respect of the Apartment pursuant to the terms of this Agreement;

WHEREAS The Lessor and the Lessee wish to record the terms, provisions, and conditions which shall govern the leasing of the Apartment by the Lessor to the Lessee, as set forth below; and
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and with the intention of being legally bound hereby, the Parties HEREBY AGREE as follows:

1. TERM: The Apartment is rented to the Lessee for the period of time mentioned in the booking order

2. Number of occupants: If additional persons than what was mentioned in the booking order are to occupy the Apartment we must be advised thereof and there might be an extra charge per person.

3. Payment: The rental money for the rental period above shall be paid in full before obtaining the keys and/or entry to the apartment.
Below are the terms and payment fees:
Credit card payments will incur a 3% fee
PayPal payments will incur a 4.5% fee
Bank Transfer will incur a fee of $15USD
Cash payment will incur no additional fees
If the payment is made in shekels, the exchange rate will be determined by the exchange rate of the date of payment.

4. Expenses: The rental money includes all expenses associated with the Apartment, excluding the following expenses for which the Lessee shall be charged – cleaning fee sum of 100$ and electricity (by the meter)

5. Balance due: The final payment (remaining rental money) shall be paid in full by the TENANT to Top Travel Israel up to 2 weeks (14 business days) prior to when Apartment keys are supplied to the Lessee.

6. Security deposit: Upon taking possession, the Lessee shall give a security deposit in the additional 10% of the total rental amount. This deposit covers the loss of keys ($50 per key, if applicable), plus any damage incurred to the Apartment, contents or building.

7. Security deposit refund: At the end of the Rental Period the Lessee shall vacate the Apartment and return it free of any personal property or belongings, and in the same condition in which it was received. The Lessee shall return the Apartment in a clean and orderly state. The Lessee is responsible for damage to all concerning the premises. With the Lessee vacating the premises, if there is no damage, Top Travel Israel will return the security deposit to the Lessee immediately.

8. Keys: Obtaining keys to the Apartment is the responsibility of the Lessee. If the Lessee is unable to obtain the keys between 3:00 p.m. and 6:00 p.m., other arrangements must be made. If the Lessee should wish the keys to be given to family or friends prior to his/her arrival, he/she needs to arrange for the balance of the rental money due and the security deposit to be paid in full. We cannot hand over the keys without payment in full.

9. Occupants: The premises shall not be occupied by anyone other than those designated above. The Lessee shall use the premises for residential purposes only.

10. Subletting or assigning: The Lessee agrees not to assign or sublet the premises, or any part thereof.

11. Property: Top Travel Israel is not liable for loss of any kind to the Lessee’s property on the premises. Top Travel Israel does not maintain insurance to cover personal property/bodily damage. If the premises cannot be delivered to the Lessee on the agreed date, due to total or partial destruction of the premises or building, Top Travel Israel may terminate this agreement upon written notice to the Lessee at their last known address. It is acknowledged that Top Travel Israel shall have no liability and will refund the initial payment to the Lessee, and is not liable to find alternate accommodation for the Lessee.

12. Condition of premises: The Lessee shall maintain the Apartment and its contents in proper and clean condition. The Lessee shall not undertake any renovations or modifications to the Apartment or its contents. The Lessee shall not remove any of its contents, appliances or accessories, or any part of them.
The Lessee shall use the Apartment in a normal, careful and reasonable manner for the purpose of residence only, He/She shall not cause any damage whatsoever to the Apartment, the building, the property of the neighbors, municipal property, equipment or property of public utility companies. In the event the police have legally charged the Lessee with disturbing the peace, the lease will be voided and there will be no refund. In this event, the Lessee will vacate the premises immediately.
Note: Quiet time is between 2:00 .p.m and 4:00 .p.m, and there is to be no excess noise after 11:00pm.

13. Cancellation:
The Lessee has 72 hours of free cancellation (Only if the arrival date is more than 7 business days ahead).
Up to 14 business days before the ‘check-in’ day (e.g., arrival date): You may cancel your order and will be charged a 30% cancellation fee.
Less than 14 and more than 7 business days before the ‘check-in’ day (e.g., arrival date): you will be charged 50% of your order’s total amount less the cleaning fee and/or shopping menu fee of the order.
Less than 7 business days before the ‘check-in’ day (e.g., arrival date): you will be fully charged for your order less the cleaning fee or shopping menu fee of the order.
Force Majeure: In the case of extenuating circumstances that are the result of a disruption that is beyond the control of the guest to the point where an entire majority of the national or global population is disrupted our force majeure policy will come into effect.
This policy allows the guest to claim the value that we (Top Travel Israel.) received for the reservation in the form of a voucher. This voucher will be valid for two years from the date of issue.

14. Incomplete Rental Period: If the Lessee decides not to complete the Rental Period after occupancy, no rental money shall be refunded to the Lessee for the time or portion thereof in which the Lessee did not occupy the Apartment.

15. Access to the property: During the Rental Period, Top Travel is entitled to show the Apartment to potential future tenants, after coordinating the visit in advance with the Lessee.

16. Liability: The Lessor and the Lessee hereby agree that in no event will the Lessor be held liable for: (i) any damage caused to the Apartment by the Lessee, its guests, or otherwise; (ii) the injury of any person in the Apartment; and (iii) the theft of any personal belongings left in the apartment.
Further, the Lessee hereby agrees to indemnify and hold harmless the Lessor (collectively, the “Indemnified Party”) from and against all liability, claim, damage, loss, penalty, cost, or expense, including reasonable legal fees and costs of investigating and defending against lawsuits, complaints, investigations, actions or other pending or threatened litigation by any third party, joint or several, arising out of or attributable to this Agreement and the actions of the Lessee in relation thereto including in reference of information and/or services given by a third party. Notwithstanding any other provision of this Agreement to the contrary, the provisions of this Section 6 shall survive termination of this Agreement.
When renting apartments/houses/villas that have pool access, guests acknowledge that they have the sole responsibility for any injuries or damage caused due to the use of the pool and other related facilities. It is forbidden to use the pool while closed/covered and outside the specified times allocated for use. Children under the age of 18 must-have parental supervision.

17. Miscellaneous:
17.1. This Agreement contains the entire agreement and understanding between the parties hereto with respect to the matters herein and merges all prior or contemporaneous oral or written communications between them.
17.2. No failure or delay of either party in exercising any power or right hereunder shall in any way restrict or diminish such party’s rights and powers under this Agreement, or operate as a waiver of any breach or non-performance by either party of any of the terms or conditions hereof.
17.3. If any term or provision of this Agreement shall be declared invalid, illegal, or unenforceable, then such term or provision shall be enforceable to the extent that a court shall deem it reasonable to enforce such term or provision and if such term or provision shall be unreasonable to enforce to any extent, such term or provision shall be severed and all remaining terms and provisions shall be unaffected and shall continue in full force and effect.
17.4. No amendment and/or modification of this Agreement shall have any effect unless such amendment or modification shall be done in a written document, signed by both parties.
17.5. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and all such counterparts together shall constitute but one and the same instrument.
17.6. This Agreement is subject to and governed by the laws of the State of Israel. All disputes arising from this Agreement shall solely be submitted to the applicable court of the State of Israel.
17.7 The lessee is hereby agrees to the private policy of Top Travel and agrees to indemnify and hold harmless the Lessor from and against all liability, claim, damage, loss, penalty, cost, or expense, including reasonable legal fees and costs of investigating and defending against lawsuits, complaints, investigations, actions or other pending or threatened litigation by any third party, joint or several, arising out of or attributable to this Agreement and the actions of the Lessee in relation thereto
17.8 The lessee is hereby agrees to join the data library of Top Travel and agrees to indemnify and hold harmless the Lessor from and against all liability, claim, damage, loss, penalty, cost, or expense, including reasonable legal fees and costs of investigating and defending against lawsuits, complaints, investigations, actions or other pending or threatened litigation by any third party, joint or several, arising out of or attributable to this Agreement and the actions of the Lessee in relation thereto
17.9 For the avoidance of doubt, it is clarified that the lessee gives his consent to sending of advertisements for the purchase of a property or service under section 30A (c) (1) 1982. Without derogating from the above, on certain pages on top travel site, the surfer will indicate, via a check box, that he agrees to receive content relating to the services offered by the site administrator, via SMS messages and / or email and / or in the media. Other in accordance with section 30A (b) of the Communications (Bezeq and Broadcasting) Law, 1982.
17.10 The lessee is hereby declare that he understand the agreement and know English perfectly.