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This agreement is made between SHALASH HOLIDAY RENTALS herein “the Company”, and _________________________________________________________________ hereinafter “Owner”. The Company agrees to serve as a liaison between the Owner and its potential Client by including but not limited to advertising of Owner’s agreed upon property (hereinafter referred to as “Rental”), finding a Client, signing rental agreement with Client, timely payment, collection, and timely transmittal of all agreed upon funds to the Owner, dealing with cancellations, changes and selections of Client. Owner represents that Rental premises are fit for habitation, furnished, and does not have any harmful conditions for Clients in and around Rental premises.
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Owner’s signature on this agreement or the fact of providing pictures, materials and/or other details regarding Owner’s Rental is a receipt and full acceptance of this agreement. Owner is fully agrees to be a subject to the following terms and conditions (the “Terms”). The Terms constitute a legally binding agreement between the Owner and the Company.
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A. Owner agrees to provide his property located at ____________________________________________ __________________________________________________________ and described in the Appendix A to be used as Rental subject to this agreement and agreements with Clients. Company agrees to advertise the Rental, procure Clients, collect agreed upon rent from the Clients, and transmit the agreed upon amounts to the Owner. Owner agrees to assist Company in marketing of the property by helping in design and preparation, arrangement for the design and preparation of, all pictures, and/or other materials. Owner agrees to provide recent pictures of rental property and related materials regarding the rental.
B. Owner guarantees that Owner has right to rent out the property specified above and possess all necessary permissions to use property as rental.
C. The Company agrees:
1. The property is published by the Company on Company’s Web site and catalogue free of charge.
2. Company agrees to select and publish property photos, videos and other materials, provided by the owner. In lack of aforementioned materials, videos and/or photos, professional photos and videos will be arranged by the Company.
3. The property marketing is handled by the Company.
D. Rental rates are agreed between Parties and fixed as shown in Appendix A for 6 months. Any Party to this Agreement has right to request renegotiation rental rates every 6 months. If neither party asks for renegotiation at least 30 days before the end of 6 months period, the rental rates are automatically extended for the next 6-months period.
E. Owner agrees to indemnify and hold Company harmless with respect to any claims, loss, liability, damage, or judgment suffered by Company, including reasonable attorney's fees and court costs, which results from the use by Company of any material furnished by Owner or where material created by Company or at the direction of Company subject to materially changes made by Owner. Information or data obtained by Company from Owner to substantiate claims made in advertising shall be deemed to be "material furnished by Owner to Company".
F. The term of this Agreement shall commence on ________________ and shall continue in full force and effect until terminated by either party upon written notice given at least ninety (90) days prior to the intended termination date. The rights, duties, and obligations of the parties shall continue in full force during or following the period of the termination notice until termination, including the ordering Rental and accepting new Clients whose departure dates follow then such period.
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Will start each time when the Owner provides dates of availability of the Rental and communicate the availability to the Representative of the Company through e-mail or fax. The Owner shall provide the availability of the Rental within 24 hours from the receipts of the request from Company or Company’s Representative by fax or e-mail. Owner guarantees the availability of Rental (“Hold” thereafter) for the dates specified in the Answer to the request as described above for 72 hours (not including Weekends and Holidays) from the time of the Answer to the request. Company shall communicate the agreement to rent for specified dates in the form of Order as specified below or release of Hold within 72 hours from the time Owner’s answer. After 72 hours from the time of Owner’s Answer, Owner does not have obligation for the exclusive Hold for that particular request. Above mentioned release of obligation does not affect any subsequent requests for availabilities and Answers.
3a.ORDER. Each Rental process will be documented in an Order List (Herein “Order”); the order will be sent to the Owner soon after the availability check and will include:
a. date of first contact regarding this specific order and contact person (Company Representative) information
b. a date of first payment and its amount
c. a date of second payment and its amount
d. a date of third payment and its amount
e. a date of security deposit payment and the amount of payment
f. a date of arriving of a Client
g. a date of departure of a Client
Owner agrees to accept the Client as specified in Order, to sign Order and transmit the signed Order to the Company’s Representative designated in the Order of this Agreement through agreed means of communications (fax, e-mail) in the next 24 hours. Owner guarantees the availability of Rental for the dates designated in the Order.
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CHECK IN TIME: 3:00 p.m. CHECK OUT TIME: 1:00 p.m., unless other agreements are made.
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Client would be instructed by Company representative or owner representative regarding proper use and operation of all furnishings, including but not limited to electrical and gas appliances, plumbing fixtures, electronic home entertainment property, fireplaces, heaters, and all other items of whatsoever kind or nature provided during the term. It also agreed by all parties to leave the rental in good condition so that no extraordinary housekeeping will be required after the Client’s departure. Company guarantees that per Contract with Client(s), Client shall accept financial burden for any damages to the Rental caused by the Client or its invitee(s). The Owner should inform Company in writing regarding all costs of damages within 5 days after Client departure.
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a. Company shall pay 20% of the total amount shown in the each specific Order issued in accordance with this Agreement within 48 hours after the Order is issued and sent to the Owner in an agreed way (e-mail, fax), and Owner accepted the Order in accordance to the Sec. 3a of this Agreement.
b. Company shall pay additional 20% of the total amount shown in the each specific Order issued in accordance with this Agreement no later than 50 days before the start date of the rental as shown in the applicable Order.
b1 If the Order is made by the Company less than 50 days before the start day of the Rental as specified in the applicable Order, Company shall pay 40% of the total amount shown in the each specific Order issued in accordance with this Agreement within 48 hours after the Order is issued and sent to the Owner in an agreed way (e-mail, fax), and Owner accepted the Order in accordance to the Sec. 3a of this Agreement.
c. Company shall pay the balance of the amount due (60% of the total amount shown in the each specific Order issued in accordance with this Agreement) no later than 10 days prior to start date of the Rental specified in the applicable Order.
c1 If the Order made by the Company less than 10 days before the start day of the Rental as specified in the applicable Order, Company shall pay 100% of the total amount shown in the each specific Order issued in accordance with this Agreement within 48 hours after the Order is issued and sent to the Owner in an agreed way (e-mail, fax), and Owner accepted the Order in accordance to the Sec. 3a of this Agreement.
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Company can pay to the Owner using PayPal, Credit Card, Check, or cash. The return of security deposit will be made the same way as payment of the security deposit.
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a. In case of cancellation occurred more than 50 days prior to the date rental was about to begin, all amounts paid for the rental are fully refundable by the Owner to the Company within 5 days from the day the Owner is notified through e-mail or fax.
b. If the Cancellation is made more than 25 but less than 51 days before the start of the rental period according to the Order, a 50% refund of the amounts actually paid for rental are fully refundable by the Owner to the Company within 5 days from the day the Owner is notified through e-mail or fax.
c. In case of cancellation to be made less than 26 days before the start of the rental period, no refund is owed by the Owner the Company.
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A refundable $_____________ deposit shall be provided by Company or Client to the Owner no later than Client’s arrival, to protect the Owner from damage incurred by the Client to the rental hereinafter referred to as “Damages”. Deposit shall be returned to the Client or to the Company as described in the applicable Order upon Client vacation of the rental, but no later than 5 days after Client vacated Rental (as shown below) and the unit suffers no applicable damages, subject to the signing and sending back to Company “List of Damages” attached to the “Order”.
· In case “Damages” Not outweigh the amount of deposit, the deposit may be applied by the Owner to compensate for damages only after Client/Company’s representative, approve and sign the “List of Damages” attached to the “Order” and sent back to the Company in the next 24 hours.
All approvals shall be given in writing only.
· In case “Damages” Do outweigh the amount of deposit, the entire deposit may be applied by the Owner to compensate for damages and the Owner undertakes to send back to the Company: the “List of Damages” attached to the applicable “Order”, signed by the Client/Company’s representative, and repair invoices in the next 5 days.As soon as applicable “List of Damages” and repair invoices approved by the Company’s damage expert, Company shall strive to reach an agreement for compensation to the Owner from the Client as soon as possible.
All approvals shall be given in writing only.
9a. OWNER’S BREACH:
In the case if the Owner breaches the terms of this Agreement, s/he shall be liable to the Company for the Company’s losses of profit and losses attributable to the loss of Client due to the breach of this Agreement by the Owner. Owner owes company full refund in case of the breach of the Agreement by the Owner.
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Client or Company will receive ______ keys. There is a $ 15 fee for any lost key.
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The Owner should make every effort to assure that appliances in the home are in operating condition, and have to report Company’s representative regarding any problems as soon as they are discovered. Owner will make every effort to correct the problem; and make Client at as less damage and loss as he can. In case of unreasonable delay in repair, Owner might be subject of the refund in amount of 10 % of the rent to the Company.
In case if the Rental premises will not be fit for habitation or equipment and/or appliances on the Rental premises will not be operational or fit for exploitation, the Company on the request of the Client may relocate the Client. The Owner will be liable for the cost of relocation, rent, and additional costs and damages suffered by the Company.
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Each home has a maximum occupancy limit. The maximum number of guests is _____.
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Company’s Client is informed that no Loud Parties after 10:00 pm, No Loud T.V. or Stereos.
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are not allowed. Exceptions can be made with written pre-authorization and pet deposit in a few select rentals.
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Owner shall provide two sets of linen & towel setups for each guest/Client for every week of occupancy. The Owner shall provide cups, knives, forks, spoons, dishes, toilet paper, soap, dish detergent. If consumables exist at the premises when the Client arrives the Client is free to use them. Owner is to maintain kitchenware at the rental.
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The Owner shall have the right of access to rental for repair, inspection, and maintenance during reasonable hours. In the event of an emergency, the Owner, his/her or Company’s representative, may enter at any time to protect life and prevent damage to the rental.
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As agreed between parties: Rental shall be used so as to comply with Federal, state, county, and municipal laws and ordinances. Client shall not use rental or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with other resident’s quiet enjoyment of their residence. Client shall use the rental for legal purposes only and shall not use rental for any unlawful purpose, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc… Quiet hours, between 10:00 pm. and 7:00 am must be respected.
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No calls are allowed to the Client. Company shall make sure that the Client is informed that no calls are to be made by the Client. Owner should make an effort to block the outgoing calls for the time of the Rental. Company is not responsible for the cost of the calls made by the Client.
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Both Owner and Company agrees that Client is not allowed by agreement with Company to FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. If it is found that feminine products have been flushed and clog the septic system, Client could be charged for damages.
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Company and Owner mutually release each other from any liability that might arise out of the Client’s acts or lack of acts that are beyond the Parties control. Owner releases the Company from liability and commitment for and agrees to indemnify the Company against losses, incurred by the Company as a result of:
a. Owner’s failure to fulfill any condition of this agreement;
b. Any damage or injury happening in or about rental to Client or Client’s invitees or licensees or such person’s property due to the Owner’s actions or lack of actions;
c. Owner’s failure to comply with any requirements imposed by any governmental authority;
d. Any judgment, lien, or other encumbrance filed against Owner/property as a result of Owner’s actions or lack of actions.
Company releases the Owner from liability and commitment for and agrees to indemnify the Owner against losses, incurred by the Owner as a result of:
a. Company’s failure to fulfill any condition of this agreement;
b. Any damage or injury happening in or about rental to Client or Client’s invitees or licensees or such person’s property due to the Company’s actions or lack of actions;
c. Company’s failure to comply with any requirements imposed by any governmental authority;
d. Any judgment, lien, or other encumbrance filed against Company as a result of Company’s actions or lack of actions.
Owner realizes that Company is providing Clients to the Owners who are not employees or business associates of the Company. Company is not responsible for the Client’s acts or lack of acts. In case of Clients acts or lack of acts that causes the damage to any of the parties to this Agreement, both Parties to the Agreement are agree to cooperate in mitigating damages.
Company releases Owner from liabilities that might arise out of defects of the Rental that Owner did not know exist of and could not have reasonably known of.
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This agreement and any attached appendix if any constitute the entire agreement between the parties and no oral statements shall be binding. It is the intention of the parties herein that if any part of this rental agreement is invalid, for any reason, such invalidity shall not void the remainder of the rental agreement.
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Owner is not responsible for the Client’s security while in the rental property.
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Any exceptions to this contract must be approved in writing prior arriving of Client.
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Valuable items left behind by Client, will be held if found by Owner, and Owner will do every reasonable effort to contact the Company for return. If items are not claimed for longer than 3 months, Owner shall not be held liable for possession of said items.
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Parties shall not be liable in damages and do not have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond Company’s control including, but not limited to Acts of God, Government restrictions (including but not limited the denial or cancellation of any visas), wars, acts of terrorism, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected.
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Any disputes arising under this Agreement shall be resolved through bona fide good faith negotiation. If negotiations would not bring parties into the agreement, all disputes shall be mediated between parties. In event mediation is failed, parties should subject the dispute to the mandatory arbitration according to laws of the State of Israel. In case of Arbitration would not produce the acceptable result, any party to this Agreement has right to resolve the dispute in the Israel court according to the laws of the state of Israel.
I have read the foregoing agreement and agree to abide by the above conditions and also verify that the information provided by me is accurate and correct.