terms and conditions - GoTo Flex-Lease

Whereas: The company engages, among other things, in the rental of vehicles it owns on the basis of operational rental for businesses for various periods;

And whereas: And the lessee wishes to rent a vehicle from the company,
whether a single vehicle or several vehicles (“vehicles”,
“vehicle” or “vehicles”) for the use of its
authorized employees (“driver” or “drivers”),
and the company agrees to rent the vehicles to the lessee, and all subject to
conditions specified in this agreement and its appendices (“the Agreement”);

Therefore it was declared, stipulated, and agreed upon between the parties as follows:

Whereas: The company engages, among other things, in the rental of vehicles it owns on the basis of operational rental for businesses for various periods;

Introduction, Appendices, and Commentary
1. The introduction and appendices to this agreement form an integral part thereof.
2. The use of the masculine gender is for reasons of convenience only, and the text should be read in the masculine according to the context as if it were also said in the feminine.
3. If a contradiction is discovered between the provisions of this agreement and the provisions of any of its appendices, the provisions of this agreement will prevail. Notwithstanding the above, what is stated in Appendix A and the appendix of revisions, to the extent that there is any, will prevail over the provisions of the agreement.
4. Below is an itemization of the appendices to this agreement:
  - Appendix A: Vehicle order details and itemization of payments
  - Appendix B: Form Regarding Delivery of the Vehicle to the Customer
  - Appendix C: Incident Report
  - Appendix D: Early Cancellation Option/Termination of Agreement
  - Appendix E: Ongoing Maintenance of the Vehicles
  - Appendix F: Form Regarding Return of the Vehicle from the Customer
  - Appendix G: Collateral
  - Appendix H: The Refueling Device
The Rent
1. The nature of the rental. The number of vehicles that the lessee will be able to use during the rental period (as defined below), as well as their type, the equipment assigned to them, and their characteristics will be detailed in Appendix A to this agreement.
2. Duration of the rental period. The lease will begin on the day the possession of the vehicle is handed over, as indicated in Appendix A, will be for one month, and will be automatically renewed for another month, up to a maximum of 36 months (“the rental period“) unless the lessee has notified the company in writing at the times required in Appendix D before the renewal date of his desire not to extend the rental period. For the avoidance of doubt, during each renewal period, the terms of this Agreement will continue to apply without change.
3. Commitment to a fixed rental period. In addition to the above, the lessee will be able to commit to the company for a fixed rental period of several months as determined between the parties in Appendix A (“Fixed Rental Period“), in exchange for a lower rental fee. At the end of the fixed rental period, the rental period will be automatically renewed for another month, as mentioned in Section 2.2 above.
4. Early cancellation option during the fixed rental period (“Early Cancellation Option“). During the fixed rental period, the lessee will be entitled to terminate the rental as detailed in Appendix D and by coordinating in advance regarding the date and details of returning the vehicles to the company, while paying the early cancellation fees specified in Appendix D (“Early Cancellation Fees“) and after receiving the company’s approval. It will be clarified that as long as the company’s approval for the end of the fixed rental period has not been received, all the provisions of this agreement and its appendices will apply to the lessee.
  1. The company’s approval to exercise the early cancellation option will be given only after all the lessee’s obligations according to this agreement have been fully and accurately fulfilled until the date of exercising the early cancellation option and payment of all payments due to the company, including the early cancellation fees.
  2. If the early cancellation option is exercised and the lessee has paid the early cancellation fee, this agreement will be terminated. The lessee will not have any claims against the company in connection with its handling of the re-renting of the vehicles, after including the payment of the early cancellation fees or regarding the rental fees.
  3. For the avoidance of doubt, the early cancellation option is not possible in case of total loss or theft of the vehicles.
Lessee’s Statements
1. The lessee is aware that the vehicle is and will remain fully owned by the company or owned by a third party when possession of it is and will remain with the company.
2. The lessee knows that the company is the sole owner of the vehicle and except for the right to use it, the lessee’s possession of the vehicle does not give him rights against the company, including the right to delay, encumbrance, put up as collateral, or foreclosure of the vehicle. The lessee will not transfer, sell, lease, lend, encumber, gift, or transfer rights to the vehicle to a third party, except as agreed in writing between the parties.
3. The lessee is aware that the company may encumber or pledge the vehicles, some or all of them, to someone on its behalf or to a third party, and he undertakes to sign any document that will be required to register the lien or pledge and to appear, whenever requested, in order to complete the processing of the registration of the lien or pledge until the end the agreement. The lessee will not have any claim in connection with the above registration or the actions that will be required to carry out the actual registration.
The Vehicle
1. The company will make the vehicle available to the lessee as detailed in Appendix A and as follows:
2. The company will not be responsible for a delay in the delivery of the vehicle caused by a third party from which the company receives the vehicle.
3. The company will install in the vehicle a general automatic refueling device (“the refueling device“), regarding which the provisions of this agreement will apply. The costs for the refueling device and the instructions on this matter will be detailed in Appendix H.
4. The company will allow, after an express request of the lessee, to disconnect the refueling device, so that the refueling device will not be activated. It shall be clarified that the manner and time of disconnecting the refueling device will be coordinated between the lessee and the company.
5. The lessee will inspect the vehicle before it is actually handed over to his possession. Upon acceptance, the lessee will be considered to have agreed to accept the vehicle within the framework of this agreement and to have waived any claim of unsuitability, except as it relates to a hidden defect.
6. The vehicle will be delivered equipped in accordance with the basic equipment as determined by the importer.
  1. The lessee is aware that certain models of vehicles come from the manufacturer without a spare wheel, but with an inflation kit for the wheels, and the company is not responsible for providing the lessee with a spare wheel or any other accessory related to the repair of the wheel or a flat tire, and the company delivers the vehicle in accordance with the accessories determined by the importer of the vehicle.
The Authorized Driver
1. It is agreed that the driver will be an employee of the lessee, or someone who drives under the permission of the lessee, who has a valid driver’s license for the type of vehicle and is at least 24 years old and that his driving experience for the type of vehicle is at least 24 months (“authorized driver”), unless agreed otherwise between the parties in accordance with the provisions of this agreement. The driver must provide the company with his address, a photocopy of his identification card, and his driver’s license.
2. Spouses living with the authorized driver and children of a driver authorized by the lessee will be authorized to drive the vehicle (“authorized to drive the vehicle“). The person authorized to drive a vehicle must be over 24 years old and have at least 24 months of driving experience for the type of vehicle. Any change in the age of the drivers or the age of those authorized to drive a vehicle on their behalf requires the company’s written approval.
  1. It will be clarified that permitting the lessee to make the vehicle available to the person authorized to drive the vehicle does not imply any obligation of the company towards the users of the vehicle on behalf of the lessee, or because it gives any of the users on behalf of the lessee the right to demand fulfillment of an obligation by the company. However, nothing in this section detracts from the right of the vehicle user to contact the company’s service center in order to receive
3. The lessee will make sure that each driver and all those authorized to drive the vehicle hold a valid Israeli driver’s license suitable for use in the vehicles. If any of the drivers hold a foreign driver’s license, you should contact the company’s service center at *8255.
4. The lessee undertakes that the drivers are fit to drive in terms of their health and that they will not drive under the influence of drugs of any kind or type and/or any other substance that may affect the driver’s ability to drive safely.
5. Young/novice driver. Notwithstanding what is stated in Section 5 above, driving a vehicle by a new/young driver, according to the definitions of the Ministry of Transportation, will be possible subject to the advance purchase of mandatory extended insurance, as well as extended coverage for damage to the car for a young and/or new driver at a monthly cost as detailed in Appendix A. The coverage will apply and be billed accordingly until the lessee’s written request to cancel the extended coverage is received. For the avoidance of doubt, the purchase of coverage is subject to a minimum of one month’s payment.
6. It is hereby clarified that using or driving a vehicle without a valid driver’s license (as defined below) or not by a driver who is licensed or authorized to drive a vehicle, or by a young/new driver without purchasing a young/new driver extended coverage is prohibited and is not covered by any insurance or other coverage. In the aforementioned case, any liability for damage to body or property, to the driver, to a third party, or the company, will apply exclusively to the lessee and the driver, both together and each separately.
7. The lessee will provide the company with a list of licensed drivers and those authorized to drive the vehicle on his behalf, and only they will be able to drive the vehicles, subject to the provisions of this agreement and its appendices. The lessee will inform the company in writing without delay of any change in this list. The cost of adding licensed drivers is enumerated in Appendix A.
The Lessee’s Payments
1. In exchange for the use of the vehicle according to this agreement, the lessee will pay the company the agreed rental fee (“rental fee“) for the entire rental period, even if he did not make any use of the vehicle. The rental fees will be paid in monthly and consecutive installments, at the times, amounts, and under the conditions specified in Appendix A and subject to the right of the company to increase the rental fees for mandatory payments imposed on the possessor of the vehicle.
2. In addition to the rental fees listed in Appendix A, the lessee will bear the following expenses and payments, including Value-Added Tax according to law (or will pay them to the company), and at its request will provide copies of the receipts for these expenses, upon making the payment:
  1. Any damage and/or payment not covered by the company or insurance, or not approved by the company.
  2. Any payment for a fine or ticket, as detailed in Section 10 below.
  3. All expenses and the cost of damages that will be caused to the company and/or a third party directly from a fundamental violation of this agreement, including expenses and the cost of damages for its storage, re-renting and/or sale, court fees, attorney’s fees, expenses as a result of actions taken by the company to recover the vehicle for its possession or any reasonable financial expense due to a fundamental breach of this agreement.
  4. Charges and handling fees for travel on toll roads. The lessee will pay for his trips on toll roads directly to the provider through a subscription and direct communication. Any charge due to the company for travel on toll roads will be paid by it, and collected from the lessee’s account plus handling fees as detailed in Appendix A. The company will be entitled, but not obliged, to pay the payment or perform the required action at the lessee’s expense, and the lessee undertakes to repay the company the payments and expenses it incurred in his place, immediately upon the company’s first request, together with handling fees for all of these expenses.
3. Payment will be made using a credit card owned by the lessee. The company may, at its discretion, allow the lessee to pay by a standing order in accordance with the guidelines it will establish on the subject.
Use of the vehicle
1. Before using the vehicle and as a condition for its use, the lessee will check the vehicle, using the Vehicle Inspection Form attached to this agreement as Appendix B. If the lessee finds a defect in the vehicle, he must report this to the company before using the vehicle. Otherwise the lessee will be considered to have declared that the vehicle is in good condition and without defects, that the vehicle meets his requirements, and that the lessee will not have any complaints, demands, or claims against the company. If a defect is found in the vehicle that the lessee did not report prior to use, the lessee will be considered the one who caused the defect.
2. The lessee must immediately notify the company of any internal or external damage, malfunction, or fault to the vehicle, which will be found or caused during use and/or during the rental period, as well as keep any related documentation and present it to the company immediately upon its first request.
3. The lessee undertakes that, during the rental period, the drivers will drive and use the vehicle carefully and skillfully in accordance with the provisions of any law, per the conditions of the insurance, and in accordance with the manufacturer’s conditions.
4. The lessee will ensure that the drivers, and all those authorized to use the vehicle, refrain from committing traffic offenses in the vehicle, including offenses that result in the confiscation of the vehicle. If the lessee or any of the authorized persons commits any such aforementioned offense, the lessee will bear all the expenses and costs involved, and he will be obligated to pay the rent even during the period of confiscation of the vehicle. It is clarified that the period of confiscation of the vehicle is considered part of the rental period for all intents and purposes.
5. Whenever the lessee is not using the vehicle, the vehicle will be locked and turned off with the key out of the switch, the windows closed, the mirrors closed/folded, and the lights turned off.
6. The lessee, the driver, and anyone authorized to drive the vehicle undertake to drive the vehicle as a careful owner who guards his property as if it were their own vehicle, and will take all precautions to maintain the vehicle, and use it carefully and reasonably, according to any law and in accordance with the traffic regulations and the terms of the agreement; without deviating from the above, the lessee, the driver, and any additional driver hereby undertake not to cause any damage, malfunction, or loss, whether maliciously, carelessly, or negligently.
7. The lessee will make sure that at all times the vehicle will be under his care and supervision, and that any person or entity under his control will use it according to the instructions of the vehicle manufacturer and the supplier.
Limitations of use
1. There is an absolute prohibition on driving or using a vehicle by anyone who does not have a legal and valid driver’s license in Israel, a valid international driver’s license, or a valid national driver’s license, as defined in this section (“valid driver’s license“) while traveling, or by a driver who is not authorized by the lessee. A “national driver’s license” means a legal and valid driver’s license issued in the country of origin.
2. The lessee undertakes:
  1. To use the vehicle according to the instructions of all laws, and not to drive the vehicle wildly or dangerously.
  2. Not to make any changes or repairs to the vehicle without the approval of the company, including removing parts, adding additions, parts to the vehicle, or any change in the colors of the vehicle.
  3. Not to leave the vehicle without appropriate precautions and without activating the security system, and not to leave the vehicle with the vehicle’s keys inside it. It should be clarified that the installation and maintenance of the safety and security measures will be the company’s responsibility.
    1. In the event of the theft of the vehicle as a result of the circumstances stated in Section 8.2.3 above, failure to return the vehicle’s keys to the company, or a police confirmation of their theft or loss of their possession, will constitute prima facie evidence that the vehicle keys were left inside the vehicle.
    2. Also, in order to prevent the theft of the vehicle, it is hereby clarified that the lessee must separate, at all times, the code of the coder and the key to the vehicle, as well as not to leave the code inside the vehicle. The lessee will be charged for the full amount of damage caused as a result of theft due to failure to comply with what is stated in this paragraph, if not covered by the insurance
  4. Not to use the vehicle for pushing, towing, carrying cargo on top of the vehicle, transporting dangerous materials/explosives, or for any other purpose that is not within the scope of the vehicle’s natural purpose.
  5. Not to use the vehicle in ways that are not suitable for driving the vehicle or that may cause damage to the vehicle.
  6. Not to use the vehicle for competition, sports, stability testing, speed adjustment, or any illegal purposes.
  7. Not to transport more passengers in the vehicle than is permitted according to the valid vehicle license or valid driver’s license.
  8. Not to use the vehicle to transport passengers for hire or for profit.
  9. Not to use the vehicle when the driver is under the influence of drugs and/or alcoholic beverages and/or medications of any kind and type, and in any amount that may affect his alertness.
  10. Not to use the vehicle when the driver has a health or medical limitation that prevents him from holding a valid driver’s license and/or driving the vehicle.
  11. To make sure to fill the vehicle only with the type of fuel suitable for the vehicle (according to the sticker that appears in the fuel tank). It shall be clarified that the lessee will be responsible for any damage caused to the vehicle as a result of using a type of fuel that is not suitable for the vehicle.
3. The use of the vehicle is permitted only within the territory of the State of Israel, and therefore the use of the vehicle is prohibited:
  1. In areas into which entry is prohibited according to the instructions of the Israeli security forces.
  2. Outside the territory of the State of Israel.
  3. In the territory of the Palestinian Authority.
  4. Beyond the “Green Line”, except for Area C, and except for the Golan Heights.
Duties and Responsibilities
1. The company’s liability will not apply if Section 7 (Restrictions of Use) or part of it has been violated by the lessee.
2. The lessee will be responsible for any injury, bodily harm, or property damage to himself, the company, or any third party, including fines or loss caused by the use of the vehicle, all subject to the provisions of all laws.
3. The lessee will also bear any direct or indirect damage caused to the company that was caused directly or indirectly by malice or by an act or omission of the lessee or the driver of the vehicle.
4. The lessee will bear the responsibility for any damage caused to the undercarriage of the vehicle, including damage caused by driving on roads that are not suitable for the passage of vehicles, going up on sidewalks, or for any other reason that is not an accident and subject to the determination and assessment of a written appraiser regarding the nature and extent of the damage (to the extent that it is not covered by the insurance company) . The lessee will be able to employ an appraiser on his behalf to examine the nature and extent of the damage.
5. Without detracting from the above, in any case where the vehicle is used not in accordance with the provisions of this agreement or the law, coverage will not apply for any damage and/or loss and/or theft caused to the vehicle and/or its parts, including coverage purchased by the lessee, and the lessee will bear the full amount of the damage caused to the vehicle, its replacement parts and accessories (including for loss and/or theft), to the company or to a third party.
6. The company will not be held responsible for:
  1. Any damage, loss, theft, direct or indirect damage related to the lessee’s use of the vehicles or his reliance on them, except as required by any law.
  2. Any damage, loss, theft, direct or indirect damage to the equipment inside or on the vehicle or that will be caused as a result of using any accessory or device on the vehicle.
  3. Any damage, loss, injury or theft caused to the lessee, the company, the vehicle or a third party caused by malice or negligence and/or due to an act or oversight of the lessee or another driver or anyone present with them.
  4. Any damage, loss, theft, direct or indirect damage resulting from using the vehicle for illegal purposes.
  5. Any damage, loss, theft, direct or indirect damage related to the driving of a young/new driver without the extension fee for a young /new driver as detailed above.
  6. Any damage, loss, theft, direct or indirect damage resulting from or related to use, contrary to the provisions of this agreement.
7. The company will inform the lessee and forward to him any claim or demand addressed to it regarding the lessee, the driver, or the vehicle, and will allow the lessee to defend himself against the claim or demand at his own expense.
8. If after the occurrence of a traffic accident and/or an insurance-related incident with a vehicle, it becomes clear that at the time of the accident the vehicle was driven by a driver who is not authorized to drive the vehicle, no insurance coverage and/or legal representation will be provided by the company to that unauthorized driver and/or the lessee in relation to the accident in question. In addition, the company reserves the right to apply to legal courts against the lessee and/or the unauthorized driver to collect the full amount of damage to the company’s vehicle, including compensation for damage caused to a third party and/or requested by a third party and/or any expenses incurred by the company for the accident in question.
9. The lessee undertakes that he will not sue the company and will not demand compensation or indemnification from it for damages or expenses arising from ordering the vehicle, including for the quality of the vehicle, its performance, or for defects or incompatibility in the vehicle.
10. To bring the company’s privacy policy to the licensed driver and the one authorized to drive the vehicle, and to make sure to receive the consent of the users of the vehicle regarding the collection and processing of the information by the company as described therein.
Replacement Vehicle, Repairs, and Treatments, Annual Licensing, Rescue and Towing
1. The arrangements regarding a replacement vehicle, repairs and treatments, annual licensing, rescue, and towing will be detailed in Appendix E of the agreement.
Fines, tickets, and traffic offenses
1. The lessee undertakes to pay all expenses and payments in connection with traffic or parking violations that will be committed at any time the vehicle is in the possession of the lessee, including fines that will be imposed for the aforementioned violations.
2. If and when the company receives a notification regarding traffic or parking violations committed by the lessee at any time the vehicle was in his possession as stated above, including the aforementioned fines, the company will act to arrange the payment for the violations, as detailed below:
  1. The lessee undertakes to pay any fine or traffic, parking, or other type of ticket relating to the vehicle (“fine or ticket“), or alternatively to act to cancel the fine or ticket. To the extent that such a fine or ticket is directed to the company (usually immediately upon the commission of the offense subject to the fine or ticket), the company will provide the lessee’s details, or act to transfer the fine or the ticket to the name of the lessee, according to its discretion, and the lessee will be charged a handling fee as defined in Appendix A (hereinafter: “the handling fee“).
  2. However, the company will be entitled to pay the fine or the ticket itself, at its discretion, and the lessee will be charged the payment consisting of the amount specified in the fine or ticket, plus the handling fee.
3. The lessee will pay the company any charges related to this agreement or services for which the company receives a demand for the use of toll roads or lanes or parking, plus the handling fee.
4. In the event of towing/seizure/confiscation of the vehicle by an authorized entity such as the municipality or the police, the responsibility of collecting the vehicle and paying for the towing, seizure, storage or release of the confiscated vehicle rests with the lessee. Assistance in releasing the vehicle by the company will be done for a fee, the amount of which will be determined at the sole discretion of the company according to the circumstances of the case, and without detracting from the lessee’s responsibility according to the provisions of this agreement or according to any law.
5. Any payment that is not paid in full and on time will carry interest in arrears as stipulated by law. Similarly, the lessee will be required to pay the company for collection expenses, including legal expenses and attorney’s fees, as well as any other expenses incurred by the company for the purpose of collecting the lessee’s debt.
Insurance
1. As part of the company’s obligations, per the provisions of this agreement, and together with the delivery of the vehicle to the lessee, the company will make the following coverages or insurances available to the lessee:
  1. Mandatory insurance, according to the driver’s data.
  2. Third-party liability insurance, in accordance with the policy instructions for standard third-party liability coverage.
2. The lessee will immediately make the vehicle available to the company, according to its request (which will be communicated in advance), in order to add or change the protection in the vehicle, in accordance with the request of the insurance company.
3. It shall be clarified that the types of insurance that the company makes available to the lessee do not include coverage for personal belongings (including cash, contents, paper currency, documents, jewelry, goods, and valuables), and the company will not be responsible for compensating the lessee for any damage caused due to theft or damage to personal belongings.
The Policyholder’s Participation – Deductibles
1. In any case of total loss or theft, the lessee will pay the company a deductible as detailed in Appendix A (“Deductibles“). If the company is indemnified by a third party for an event (as defined below) for which the lessee paid a deductible, the company will return the deductible in full or in part to the lessee.
2. In any case of damage caused to the vehicle or a third party (including the theft of the vehicle), if the lessee is not responsible for the accident or the theft of the vehicle and has followed all the provisions of this agreement, the lessee will be obligated to pay the deductible. If the fault of a third party is proven, the deductible charged for this incident will be returned to the lessee.
Access waiver plan
1. The company may offer the lessee a plan to cancel the payment of the deductible (“the plan“). If the lessee chooses to participate in the plan, he will pay the cost listed in Appendix A upon signing this agreement.
2. It shall be clarified that the plan will not apply in the event of failure to comply with the provisions of Section 18 of this agreement, or in the event of damage caused by malice or negligence, in the event of damage to tires, windshields or in the event of damage to the undercarriage other than as part of an accident.
Third-party Liability for Property Damage
1. Handling third-party claims. If a third party demands from the lessee any compensation for damage that he claims has occurred as a result of an act or omission of the lessee resulting from the use of the vehicle, the lessee will notify the company immediately upon receipt of the demand and will fully cooperate with the company for the purpose of handling the third party’s demand (“the demand“).
2. Whether the demand was sent to the company or the lessee, the company may assume, on its own behalf or on behalf of the lessee, the management of the defense of any claim at its sole discretion, including the decision whether to pay for the demand in full or in part, regardless of the lessee’s position. The company will be entitled to pay the lessee the full amount of the coverage according to this chapter, and thus will be exempt from handling the claim, and will not be subject to any additional liability in connection with this, or according to this chapter of third-party coverage
3. Exceptions to third-party liability due to property damage. The company will not be obligated to compensate for third-party damages in the following cases:
  1. Compromise or commitment on the part of the lessee without the company’s approval. If the lessee or a person on his behalf paid compensation in connection with a case of coverage, admitted liability, offered, promised, or committed to such compensation, without the company’s prior written consent, this will not obligate the company.
  2. Maliciously inflicted damage. If damage is caused maliciously by the lessee, the company will be exempt from any responsibility.
  3. Property not covered by insurance: In any case, the company will not be responsible for any payment due to damage to property owned by the lessee, or property under the supervision or custody of the lessee, the driver of the vehicle, or one of their household members.
Indemnification
1. The lessee will indemnify the company for any amount of damage or demand in which it will be charged in a lawsuit filed against it due to personal injuries, for the involvement of the vehicle in a traffic accident, in the event that the mandatory insurance company did not pay the victim compensation for such bodily injuries, due to an act or omission of the lessee and/or any of the drivers of the car, contrary to the provisions of the mandatory insurance policy or contrary to the provisions of the law.
2. The lessee will indemnify the company for any direct damage caused to it due to the violation or non-fulfillment of a condition in this agreement in connection with the proper use of the vehicle.
3. The lessee agrees to indemnify the company and its officers, directors, employees, and agents for any claim, demand, loss, liability, or expense (including reasonable legal expenses) arising from or related to his use of the vehicles, or the violation of the conditions set forth in this agreement and according to any law, including fines or violation of the rights of any third party, including those injured in accidents.
Obligation to report
1. Upon the occurrence of a collision, accident/damage from fire, explosion, damage from natural causes, or theft (“an incident“), the lessee undertakes to act as detailed below:
  1. To report the incident immediately by calling the call service center *8255 or to the email address: info.il@gotoglobal.com.
  2. To fill out and sign an incident report as detailed in Appendix C and send it to the company within 48 hours of the incident, including providing an accurate description of the details of the accident, the details of the cars involved, the drivers involved, the insurance companies providing insurance and the policy numbers, the insurance agents, the names of the witnesses to the incident and their addresses.
  3. To report the incident to the authorities if necessary, as required by law.
  4. To cooperate with the company, and if necessary with the insurer, in providing reliable and accurate assistance and information, including appearing before the appropriate courts or placing the vehicle for inspection at a location determined by the company, even if the vehicle is not damaged.
  5. Not to give to any third party any admission, offer, promise, waiver, compromise or payment or to give information, except for the information that must be given according to law.
2. It will be clarified that if the lessee does not comply with the obligation to report as detailed in this section, the company’s liability will not apply and the lessee himself will bear the full amount of the damages caused to the vehicle or to a third party. It is to be clarified that if an event is not reported per this section on time, or is reported per this section, but belated, no policyholder participation will be canceled for the incident, and the lessee will be liable for the cost of the repairs or damages for these incidents.
Termination of the lease due to multiple incidents
1. It is agreed that, after the occurrence of two or more incidents, the company will be entitled to order the lessee to return the vehicle to the company and to end the rental period. When the company has made such an announcement as stated, the rental period will end on the date of the announcement on behalf of the company.
Returning the vehicle to the company at the end of the rental period
1. The lessee undertakes to return the vehicle to the company at a location defined by the company in Appendix A at the end of the rental period for any reason. Alternatively, the company may, at the lessee’s request, send a representative to collect the vehicle from the lessee from a place to be defined by the lessee at an additional cost as detailed in Appendix A.
2. The vehicle will be returned with a full fuel tank, empty of any object belonging to the lessee, and in good and proper condition, as the lessee received it, taking into account any wear and tear due to reasonable use.
3. Upon returning the vehicle to the company, the parties will act as follows:
  1. A Vehicle Return Form attached as Appendix F will be prepared in which the damage to the vehicle that is noticeable and detectable by a superficial inspection by the company representative will be detailed. The lessee’s representative will sign the form, and his signature will serve as a confirmation of the findings at the time of return.
  2. Shortly after the date of returning the vehicle, the vehicle will be inspected by a person on behalf of the company, who will detail the damages or deficiencies to the vehicle and the cost of their repair (hereinafter: “The Restoration Report“). As far as damages or deficiencies are found in the Restoration Report (including keys, accessories, etc.), the Restoration Report will be forwarded to the lessee for payment.
  3. It will be clarified that the lessee will pay the full amount specified in the Restoration Report, whether the cost of the direct and indirect damages borne by the company will be higher or lower than the amount indicated therein.
  4. If the lessee disputes the Restoration Report, the matter will be decided by an appraiser agreed upon by the parties, at the lessee’s expense, who will decide on the dispute after receiving the Restoration Report and clarifying the disputed claims.
4. It shall be clarified that the vehicle may be, immediately upon its return to the company, sold or rented to a third party, in which case the vehicle will not be submitted to the inspection of the agreed appraiser or to the inspection of another party on behalf of the lessee. In this case, to the extent that the lessee intends to perform an inspection of the vehicle, he must notify the company and perform the inspection through an appraiser on his behalf before returning the vehicle, and upon its return, deliver a copy of the report prepared by the appraiser on his behalf.
5. Seizure of the vehicle. Without detracting from his obligations as detailed above, the lessee agrees that in any case where he does not return the vehicle as stated in this Section, the company will be entitled to seize the vehicle and return it to its possession, and the lessee will be charged with the associated costs. It will be clarified that the company will be entitled to seize the vehicle in any case of a fundamental violation of this agreement, including for non-payment of rental fees.
6. Waiver of items left in the vehicle. The company has no responsibility for an object left in the vehicle after it has been returned. The lessee hereby waives any claim, including any claim, damage, or expense, to him or any third party regarding these objects.
7. If the lessee did not return the vehicle to the company at the end of the rental period, the lessee will be required to pay double the rental fee for each month or part of it from the day the vehicle should have been returned until the date of its actual return.
Prohibition of conversion or transfer of the agreement
1. Except as agreed in this agreement or as agreed by the parties in writing, the lessee shall not be entitled to transfer, pledge, or assign to others his contractual obligations or rights in this agreement, in whole or in part.
2. The company shall be entitled to transfer, pledge, or assign to others its rights in the vehicle or its contractual obligations or rights in this agreement, in all or in part, without the need to obtain the consent of the lessee, provided that the rights of the lessee according to this agreement are not impaired.
3. For the avoidance of doubt, it will be clarified that simply changing the identity of the service provider will not constitute a violation of the lessee’s rights. Without derogating from the above, in the event that the company requests it, the lessee will sign a written assignment of rights to the third party.
Breach of the Agreement
1. Without derogating from the company’s right to any remedy according to law, in the event of a fundamental breach of this agreement by the lessee, the company will be entitled, at its discretion and in accordance with the circumstances that will arise at the time, to cancel this agreement, to make it immediately payable and to demand the immediate payment of the rent for half a year from the lessee by paying double the rental fees (this is in addition to the fine that may be imposed on the lessee in the instances according to Appendix D) and also seize the vehicles used by the lessee to the company’s possession and make any use of them, including renting or selling them to others. This will be only after the lessee has been given a written notice and a period of 14 days to correct the fundamental violation.
2. Also, in case of a fundamental violation, the lessee will be charged two months’ rent.
3. The lessee will not be entitled to raise any objection or claim against the company in connection with the actions according to this Section or in connection with the damage caused to him or the property found in the vehicle.
4. The lessee agrees that one set of keys to the vehicle will remain in the company’s hands for the purpose of performing the above operations.
5. The following will be considered a fundamental breach of this agreement:
  1. Arrears in the payment of rent or any other amount that the lessee has committed to pay for a period exceeding 30 days.
  2. A temporary liquidation order and/or a receivership order is issued against the lessee.
  3. The lessee maintains the vehicle in a negligent and defective manner according to an appraiser’s assessment.
  4. The lessee has violated the provisions of Section 7 (Restrictions of Use) or the provisions of Section 8 (Obligations and Responsibilities).
  5. The lessee does not allow the company to perform repairs, treatments, inspections, or annual licensing of the vehicle.
  6. Any violation of this agreement that has not been corrected by the lessee within 14 days from the date required for this by the company.
6. Any payment according to this agreement, which is not repaid on time, will bear interest on arrears in accordance with the Law of Ruling on Interest and Linkage Payments, 1961-5721, as well as reasonable expenses incurred by the company for the collection of the payment. The lessee undertakes to pay this amount immediately upon the company’s first request.
7. If the vehicle is not returned to the company on time after the company has given written notice of 30 days in advance, the lessee will be required to pay double the rental fee for each month (or part thereof) from the day on which the vehicle had to be returned until the date of its actual return.
Collateral
1. For the purpose of guaranteeing the payment of the rental fees, as well as any other obligation of the lessee per the provisions of this agreement, the lessee will provide the company with collateral as detailed in Appendix G.
Miscellaneous
1. To the extent that the company collects the personal information of drivers or those authorized to drive a vehicle, the company will process the information according to the provisions of the Privacy Protection Law, 1981-5741, and the regulations pursuant thereto, and as detailed in the company’s privacy policy, found at the link: https://gotoglobal.com/he/goto-israel/privacy-policy.The lessee is responsible for obtaining lawful consent for collecting information, from the authorized driver or from the person authorized to use the vehicle. It will be clarified that even in the case of using the vehicle by more than one licensed driver or person authorized to drive one vehicle, the company may transfer to the lessee, at his request, information regarding the user of the vehicle, including his details and the details of the trip.
2. The lessee agrees to receive marketing material and information from the company, including via e-mail and/or text message, including advertisements, new products, promotions, benefits, offers on its behalf, etc.
3. Notifications in any matter will be sent to the address specified in this agreement.
4. If it is determined by a competent court that a provision of the provisions of this agreement is illegal or invalid, this shall not impair or invalidate the validity of the other provisions of the agreement. The illegal instruction will be reduced to the minimum required.
5. Failure to impose a fine or penalty on the lessee due to non-fulfillment of any clause in this agreement does not constitute consent by the company to the lessee’s behavior or a waiver regarding the fulfillment of the other clauses of the agreement.
6. This agreement is subject to the laws of the State of Israel. The only place of jurisdiction with regard to this agreement will be the authorized court in Tel Aviv-Yafo.

And as proof, the parties have affixed their signatures:

Approved by the undersigned on:

{signDate}

{company_name}

{full_name}

GoTo Global Mobility Ltd.

through an electronic system

on {signDate}

Appendix A – Vehicle Order Details and Itemization of Payments

Orderer’s name/Contact’s name: {full_name}

Company name(if applicable): {company_name}

Authorized Dealer No./Business No./ID No.: {cif}{nif}

Address: {address_details}

Phone: {phone}

Mail: {email}

Order details

Manufacturer’s Name: {make}

Model: {model}

Level of Finish: {version}

Year of Manufacture: {model_year}

Color: {color}

License plate: {license_plate}

(to be filled in when confirming the order)

Requested delivery date: {start_date}

Kilometer quota: Annual: 20,000 km

Monthly: 1,666 km

Price per additional km, not including VAT: 0.30 NIS

Fee for creating a portfolio, not including VAT: 0 NIS

Amount of advance, not including VAT: 0 NIS

The number of months of commitment for a fixed rental period: {periodicity}

Payment method: {payment_method}

Services included with the vehicle: VIP operation*

Type of insurance plan and cancellation of deductible: {insurance_name}.

The cost of the plan: {insurance_price} NIS.

Monthly rental feesfor the vehicle, not including VAT: {monthly_no_vat} NIS.

Total monthly payment including VAT: {price} NIS.

Extras:

Toll road handling fees: 75 NIS

Fines and report handling fees: 75 NIS

Cost of adding licensed drivers: 0 NIS

Type of service for transferring the car to the lessee: {pickup_method}

Address for transferring the vehicle to the lessee: {hub_address} {d2d_address}

The cost of the service of transferring the car to the lessee: {d2d_price} NIS (in the Arava, Judea and Samaria, Galilee and Golan: a cost of 400 NIS will be added)

Capital letters/General notes:

The rental fees will be paid in monthly and consecutive payments at the beginning of each billing period (the date of delivery of the vehicle).
The estimated delivery date of the vehicle is within three business days from the requested date of the delivery by the lessee, subject to the complete fulfillment of the conditions defined as specified in the agreement and subject to the fact that at the time of signing this Appendix, the vehicle is in the importer’s inventory in Israel.
The binding terms of the transaction will be according to the full agreement as signed by the parties. In any case of a conflict between the provisions of this Appendix and the provisions of the agreement, the provisions of the agreement will prevail – except in relation to the commercial conditions stipulated in this Appendix.
All prices in this agreement are linked to the Consumer Price Index.
The cancellation of the lease will be as detailed in Appendix D to the agreement.

Lessee’s signature: Signed electronically on -{signDate}

Company Stamp:

Appendix B – Vehicle Inspection Form (issued to the customer in the framework of the delivery of the vehicle)

License plates + color of the vehicle delivered to the customer
Company/Customer Name
Model of the vehicle (manufacturer, model, and year of manufacture) to be delivered to the customer
ID No./Business No./Authorized Dealer No. of the Customer
The subscription period selected by the customer
Customer’s Phone No.

Details of the recipient of the vehicle:

Represented by ID No./Business No./Authorized Dealer No.

Full name of the recipient of the vehicle
ID No./Business No./Authorized Dealer No. of the recipient of the vehicle
Vehicle delivery address
Vehicle delivery date
Notes when delivering the vehicle:

Car details

Value in km displayed in the car’s odometer:

Remaining range for traveling with the vehicle:

Fuel gauge indicator:

Markings of any damage on the vehicle:

Documents of the recipient of the vehicle:

Photo of the front side of the driver’s license of the recipient of the vehicle (to be taken at the time of delivery)	Photo of the reverse side of the driver’s license of the recipient of the vehicle (to be taken at the time of delivery)
Photo of the front side of the ID card of the recipient of the vehicle (to be taken at the time of delivery)	Photo of the reverse side of the ID card of the recipient of the vehicle (to be taken at the time of delivery)

Signature of the recipient of the vehicle:

The vehicle was delivered by:

Appendix C – Incident Report

Accident/undercarriage/theft/damage (Circle the appropriate answer)

Appendix D – Early Cancellation Option/Termination of Agreement

The “cancellation request date” will be the date on which the lessee informs the company of his desire to return the vehicle. Within the framework of the notification, the lessee can select dates only within the current billing cycle.
The “requested return date” will be the date on which the lessee stated that he would return the vehicle as part of his cancellation request.

Cancellation before delivery of the rented vehicle
- If the lessee cancels the agreement up to 14 days before the date of delivery of the vehicle, the lessee will be charged 50% of the monthly rent stipulated in Appendix A.
- If the lessee cancels the agreement less than 14 days before the delivery date of the vehicle, the lessee will be charged the full monthly rent for one month of rental as well as the payment of the shipping cost, if the lessee chooses to have the vehicle shipped, as these appear in Appendix A.
Early termination before completion of the fixed rental period
In the event that the lessee requests to terminate the agreement before the end of the fixed rental period outlined in Appendix A, the lessee shall pay the company as per the following:
- Early termination within a fixed rental period of one month – the lessee will pay full payment according to the provisions of the agreement.
- Early termination of a fixed rental period of over one month and up to 12 months – a fine of the amount equal to two months of rent as indicated in Appendix A.
- Early termination of a fixed rental period of over 12 months – a fine equal to one month for each year remaining in the agreement, where the current year will also be charged as a full year for the purpose of calculating the fine (for example – a lessee who requests to perform early termination of a 36-month agreement during the first year of the agreement will be charged 3 months of rent, while a lessee who requests an early termination after entering the second year of the agreement will pay a fine in the amount of 2 months of rent).
- It shall be clarified that in the event that the lessee requests to terminate the agreement before the completion of the last month of the fixed rental period defined for the car rental (as stated in Appendix A), the payment specified above will be limited, in such a way that the lessee will not pay a fine in excess of the rental amount that he would have had to pay had he not requested to terminate the agreement before the end of the said rental period.
Termination of contract after the completion of the fixed rental period
In the event that the lessee requests to terminate the agreement after the end of the fixed rental period outlined in Appendix A, the lessee shall pay the company as per the following:
- If the lessee notified the company of his request to terminate the agreement more than 14 days before the end of the current billing cycle, he will not pay additional rent beyond what is required to be paid by that date.
- If the lessee notified the company of his request to terminate the agreement 14 days or less before the end of the current billing cycle, he shall pay an additional rent at a rate of 50% of the amount of the monthly rent specified in Appendix A.
  For example: A lessee whose billing cycle is the 21^st of each month and who announced his desire to end the contract by the 7^th of the month will not pay an additional payment, while such a lessee who announces the cancellation of the agreement after the 7^th of the month will pay an amount equal to 50% of the fee of his monthly rent, and this will be in addition to the monthly rent paid by the lessee for the month in which he announced the cancellation.

Appendix E – Ongoing Maintenance of the Vehicles

Technical specifications of the VIP package:

Replacement vehicle. The lessee will be entitled to receive a replacement vehicle in the event that a breakdown or malfunction is found in the vehicle that cannot be repaired, provided the conditions set forth in Appendix A are met. To the extent that the lessee is entitled to a replacement vehicle, the company will make a replacement vehicle available to the lessee as soon as possible, for the period of time in which the vehicle will be kept for repair and will return the vehicle to the lessee immediately upon completion of the repair. The lessee is aware that the company may provide a used replacement vehicle and/or a replacement vehicle that is not of the same type/grade as the damaged vehicle, from the company’s fleet of vehicles, or a rental vehicle that the company will rent for the lessee. Placing the replacement vehicle in the control of the lessee does not derogate from the terms of this agreement, and all the provisions of the agreement will continue to apply to the replacement vehicle until the vehicle is returned to the lessee’s possession.
The company will be responsible for making repairs to the vehicle, with the exception of damage, breakdown, or malfunction caused by the lessee’s negligence or malice. The lessee is not allowed to make any repairs or changes to the vehicle without obtaining prior written permission from the company.
The company will be responsible for performing periodic treatments for the vehicle and renewing the annual license. The lessee is not allowed to carry out any maintenance on the vehicle without obtaining prior written permission from the company.
On-going maintenance. Ongoing maintenance will be carried out according to the requirements of the manufacturer/importer and/or once a year – whichever comes first. If the ongoing maintenance time exceeds 8 hours, the lessee will be entitled to a replacement vehicle in accordance with the definition of a “replacement vehicle” in this Appendix.
Changing tires. In transactions for a rental period of 36 months, the lessee will be entitled to change four tires during the rental period. In the rest of the transactions, the replacement of the tires will be done according to need according to a health check and subject to the lessor’s discretion. It shall be clarified that tire replacement within the framework of this Appendix does not include repairs for a flat tire. Changing the tires will be performed by the lessee arriving independently at one of the service centers in accordance with the company’s instructions.
Battery replacement. In transactions for a leasing period of 36 months, the vehicle’s battery will be replaced once during the lease period. In the other transactions, the replacement of the battery will be done as needed based on a health check and assuming reasonable use of the vehicle, all subject to the lessor’s discretion. It will be clarified that replacing the battery in case of unreasonable use will be at the lessee’s expense only.
Rescue and towing by the company. The lessee will be entitled to rescue and towing by the company and/or a third party provided by the company, in the event of a mechanical/technical/safety malfunction that does not allow the use of the vehicle according to the company’s instructions. In any other case, the lessor will rescue the car and tow it to the garage; however, the lessee will pay the lessor for the rescue and towing fees as required by the rescue company.
Obligation to report the condition of the vehicle. In transactions for a rental period exceeding 12 months, the lessee undertakes to inform the company of the deadlines for performing ongoing maintenance in accordance with the manufacturer’s/importer’s instructions, according to the maintenance booklet that is in the rented vehicle and the number of kilometers traveled by the rented vehicle. Failure to report by the lessee as required will result in a charge of 2,000 NIS. It shall be clarified that failure to report the condition of the vehicle in accordance with this section/failure to inform about the condition of the vehicle can lead to the removal of the responsibility of the importer of the rented vehicle.

Appendix F – Vehicle Return Form (Issued at the Time of Return of the Vehicle)

Company/Customer Name
ID No./Business No./Authorized Dealer No. of the Customer
Customer’s Phone No.
License plates + color of the vehicle delivered to the customer
Model of the vehicle (manufacturer, model, and year of manufacture) to be delivered to the customer
The subscription period selected by the customer

Vehicle return details:

Full name of the recipient of the vehicle
ID No./Business No./ Dealer No. of the recipient of the vehicle
Vehicle delivery address
Vehicle delivery date
Notes when delivering the vehicle:

Car details

Value in km displayed in the car’s odometer:

Remaining range for traveling with the vehicle:

Fuel gauge indicator:

Markings of any damages on the vehicle:

Signature of the person returning the vehicle:

Vehicle return performed by

[Name of the company representative]

Appendix G – Collateral

The company will be entitled to demand from the lessee the following guarantees:

Concept of credit limit:
1. Upon completion of the vehicle order in the company’s system, the company will set a credit limit on the lessee’s account in an amount equal to the monthly charge of the order made by him.
2. The credit limit will be released by the company upon making the first monthly charge.
Deposit:
1. The company reserves the right to require the lessee to put a deposit as a condition for carrying out the transaction, in accordance with its sole discretion.
2. In that case, the company will notify the lessee and specify the amount of the required deposit.
3. The deposit will be collected by the company only after receiving the lessee’s written consent.

Appendix H – The Refueling Device

GoTo Global Mobility Ltd. (“the Company”) has installed an automatic refueling device (“the refueling device“) in the vehicle you have rented from us.
This device includes an electronic component that is installed in the vehicle and allows you to refuel at all gas stations of the companies in the arrangement, without the need for payment on your part when refueling. The billing is done automatically according to the specific arrangement with the relevant fuel company.
The companies with which the company contracted for this purpose are Dor Alon Energy in Israel Ltd. (1988) (“the Dor Alon Company“), Pazomat of the Paz Group Ltd. (“the Paz Company“), Delek the Israeli Fuel Company Ltd. (“the Delek Company“), and Sonol Israel Ltd. (“the Sonol Company“) (collectively “the companies in the arrangement“).
When refueling at one of the companies’ stations in the arrangement, a discounted rate of 15 agorot less than the list price of a liter of gasoline including VAT will be charged (“the rate“). It shall be clarified that you will not be entitled to double promotions or discounts of the companies in the arrangement – that is, even when you see a special price at a gas station of one of the companies in the arrangement, you will still be charged the rate indicated above, and this will be regardless of any sale price displayed at the gas station.
The charge for the purchase of fuel using the refueling device will be made through the authorization to charge the lessee’s account for the rental service, which you must sign before using the refueling device and before signing the Operational Rental Agreement (Leasing). It shall be clarified that even when refueling is done through one of the company’s representatives (for example, when servicing the vehicle), the charge will be performed in the same manner.
The billing date for the purchase of fuel through the refueling device will be made by the 10^th of each month for the uses made in the previous month. The company will send you a report every month on the refueling performed using the refueling device and the billing for it as part of an electronic invoice.
The cost of installing the refueling device will be 0 NIS.
It shall be clarified that nothing stated in this Appendix is intended to prevent you from refueling at any time at any gas station that does not belong to the companies in the arrangement. In such a case, your refueling and payment conditions will apply directly to the relevant fuel company, and these conditions are unknown to the company and are not under its control.
If the lessee is not interested in the operation of the refueling device, he must coordinate with the company regarding the manner and date of disconnecting the refueling device.

It shall be clarified that the refueling device transmits information about the fuel consumption of the vehicle, the date and location of the refueling, etc. to the companies in the arrangement, to the supplier of the refueling device, and to the company, and the provisions of the Operational Rental Agreement, with its appendices, will apply in connection with such information.

רישיון נהיגה LICENSE NO	שם משפחה LAST NAME		שם פרטי FIRST NAME	מספר רכב CAR NUMBER		DRIVER/נהג

דגם הרכב VEHICLE MODEL	ת.ז. נהג ID		טלפון הנהג PHONE	כתובת מגורים הנהג ADDRESS

E-MAIL	טלפון נוסף SEC. PHONE		תאריך לידה BIRTH DATE	אזרחות NATIONALITY

רישיון נהיגה LICENSE NO	שם משפחה LAST NAME		שם פרטי FIRST NAME	מספר רכב CAR NUMBER		THIRD PARTY / ‘ג צד

דגם הרכב VEHICLE MODEL	ת.ז. נהג ID		טלפון הנהג PHONE	כתובת מגורים הנהג ADDRESS

E-MAIL	טלפון נוסף SEC. PHONE		תאריך לידה BIRTH DATE	אזרחות NATIONALITY

POLICY NO	מספר פוליסה		INSURANCE COMPANY		חברת ביטוח

Damage to third party	‘תיאור הנזק לצד ג			שם סוכן AGENT NAME




נסע ברכב? WAS IN THE CAR?	כתובת מגורים ADDRESS		טלפון PHONE	שם מלא FULL NAME		עדים witness
YES/NO לא/כן
מיקום התאונה המדוייק / PLACE OF ACCIDENT			HOUR / שעה	תאריך/ DATE		DESCRIPTION OF THE ACCIDENT תיאור המקרה

		DAMAGE TO GOTO			נזק לרכב





		DESCRIPTION OF THE ACCIDENT			תיאור המקרה

Operational Rental Agreement (Leasing)

Therefore it was declared, stipulated, and agreed upon between the parties as follows:

Appendix A – Vehicle Order Details and Itemization of Payments

Order details

Extras:

Appendix B – Vehicle Inspection Form (issued to the customer in the framework of the delivery of the vehicle)

Details of the recipient of the vehicle:

Car details

Appendix C – Incident Report

Appendix D – Early Cancellation Option/Termination of Agreement

Appendix E – Ongoing Maintenance of the Vehicles

Appendix F – Vehicle Return Form (Issued at the Time of Return of the Vehicle)

Vehicle return details:

Car details

Appendix G – Collateral

Appendix H – The Refueling Device