1.1 These terms and conditions (the “Terms and Conditions”) apply to all lettings of properties (including but not limited to properties for short term lettings) (the “Property”) through Fuss Holiday Apartments (the “Landlord”). Individuals and/or entities renting a Property from the Landlord are in the following referred to as “Tenant”. The Landlord and the Tenant are in the following together referred to as the “Parties”.
1.2 These Terms and Conditions describe the rights and responsibilities of the Tenant and, among other things, limit the liability of the Landlord. Before entering into an agreement for the rental of a Property (the “Agreement”) between the Landlord and the Tenant, the Tenant is advised to read these Terms and Conditions carefully. Where more than one Tenant enters into the Agreement, all references to the Tenant shall apply to such multiple Tenants jointly. The obligations of joint Tenants under the Agreement and these Terms and Conditions are joint and several.
1.3 By entering into the Agreement the Tenant agrees to be legally bound by and to abide by these Terms and Conditions.
1.4 If the Tenant does not agree with any part of these Terms and Conditions, THE TENANT MUST NOT ENTER INTO THE AGREEMENT.
1.5 The Landlord reserves the right in its sole discretion, to amend these Terms and Conditions at any time by posting amended Terms and Conditions on its website at www.fuss.co.il (the “Website”). The Tenant should therefore review these Terms and Conditions each time the Tenant enters into an Agreement. The amended Terms and Conditions shall be effective from and after the date that they are posted on the Website.
2. The Tenancy Agreement
2.1 Unless otherwise defined, capitalised terms shall have the same meaning as it given to such terms in the Agreement. For the avoidance of doubt, for the purposes of the Agreement and these Terms and Conditions, the definition of “Property” includes the actual premises let to the Tenant by the Landlord together with all furniture, equipment, fixtures and fittings included therein.
3. Term and Rent
3.1 The Term will be for the time period agreed between the Landlord and Tenant within the Agreement and will last for one day as a minimum. The Term can be extended on a daily basis by mutual consent between the Landlord and Tenant, such mutual consent to be evidenced in writing. The Parties agree that these Terms and Conditions shall apply to each extension of the Term.
3.2 The Rent is payable by the Tenant to the Landlord in cash or as otherwise directed by the Landlord and is payable by the Tenant to the Landlord in full prior to the beginning of the Term and upon check-in by the Tenant into the Property at the latest.
3.3 For the avoidance of doubt, unless the Rent is settled in cash in full upon check-in, the Rent must have been received by the Landlord in a bank account specified by the Landlord for this purpose in cleared funds, prior to check-in.
3.4 The Rent includes the following services:
(a) All ancillary running costs (including water rates, municipality charges and TV charges, but excluding electricity charges which are charged separately at a flat rate of 0.5 NIS per kilowatt;
(b) Cleaning of the Property upon check-in and check-out; and
(c) Provision of clean towels and linen upon check-in.
3.5 In addition to the services set out in 3.4 above, the Landlord further endeavours to provide, at no additional cost, to the Tenant during the Term free use of cable TV and wireless LAN, whereby the Landlord cannot assume responsibility for the security or availability of such free services.
4. Check-in / Check-out
4.1 Subject to any agreement between the Landlord and the Tenant to the contrary, the check-in time shall be 14:00 on the day on which the Term begins and the check-out time shall be 11:00 on the day on which the Term ends.
5. Reservations and Holding Deposit
5.1 A Tenant wishing to rent a Property at a future date, has the option of reserving a Property with the Landlord (the “Reservation”) and securing such Reservation through payment by the Tenant to the Landlord of a holding deposit in an amount to be determined by the Landlord (the “Holding Deposit”).
5.2 The Holding Deposit, in the full amount specified by the Landlord, is payable by the Tenant to the Landlord in cash or as otherwise directed by the Landlord.
5.3 A Reservation of a Property only becomes binding between the Landlord and the Tenant upon receipt by the Landlord of the Holding Deposit in the full amount (in cleared funds) within the timeframe specified by the Landlord for such payment.
5.4 The Landlord and Tenant may agree to set-off the Holding Deposit against the Rent or the Deposit (as such term is defined in paragraph 6.1).
5.5 The Landlord will use its best endeavours to reserve a specific Property, but will be free to provide the Tenant with an alternative Property at the beginning of the Term.
5.6 Where the Landlord is unable to provide the Tenant with a specific Property for the duration of the Term, the Landlord will be free to provide the Tenant with different Properties covering consecutive periods of the Term.
6. Safety Deposit
6.1 Prior to the beginning of the Term and in addition to the Rent, the Tenant may be required by the Landlord to pay a cash deposit of such amount as is advised by the Landlord (the “Deposit”). The Landlord is entitled to set-off any claims the Landlord may have against the Tenant, including but not limited to any claims for unpaid Rent and/or any claims under paragraph 7, from the Deposit. For the avoidance of doubt this may include sums due to the Landlord as a result of damage caused to the Property by the Tenant or otherwise.
6.2 After the end of the Term, the Landlord is obligated to carry out its settlement of accounts using the Deposit and to pay out to the Tenant any sum remaining under the Deposit. The Tenant is entitled to a repayment of the Deposit, less any rightful deductions to be made by the Landlord from the Deposit pursuant to these Terms and Conditions, at the end of 14 days after the end of the Term.
7. Tenants Obligations
The Tenant SHALL:
7.1 Keep the interior of the Property including all furniture, equipment, fixtures and fittings and the common parts of the building in which the Property is located in the same state and condition as they were at the beginning of the Term.
7.2 Prevent the furniture, equipment, fixtures and fittings in the Property from being destroyed, damaged or removed and make good to the Landlord any amount necessary for the replacement or at the Landlord’s option repair of such furniture, equipment, fixtures and fittings as shall be removed, destroyed, lost, broken or damaged as a result of an act or omission by the Tenant or the Tenant’s permitted guests or workmen, or at the Landlord’s option pay a fair sum in compensation for any such loss, damage, destruction or removal.
7.3 At the end of the Term leave all furniture, equipment, fixtures and fittings in the rooms or locations in which they were at the beginning of the Term.
7.4 Permit the Landlord or his agent to enter the Property with or without workmen and others upon giving reasonable notice (except in emergency) whereby the Tenant acknowledges that the Landlord may at all times enter the Property for the purpose of examining the state and condition of the Property.
7.5 Take all reasonable precaution not to use any apparatus or equipment that may overload the electrical installation in the Property.
7.6 Ensure that the bathroom in the Property is adequately ventilated at all times to prevent all problems and damage caused by mould.
7.7 Ensure that whenever (and for however short a period) the Property is left vacant or unattended the air-conditioning unit (if available) is switched off and all external doors and windows are properly secured by all locks and other means so as to comply with the Landlord’s contents insurance.
7.8 Pay the Landlord’s reasonable costs in respect of any breach by the Tenant of any covenant contained in these Terms and Conditions.
The Tenant SHALL NOT:
7.9 Let, sublet or re-let the Property or receive paying guests in the Property and shall use the Property as a private temporary residence in the occupation of the Tenant and its immediate family only.
7.10 Carry on or permit to be carried on from the Property any profession, trade or business whatsoever and/or use the Property for any illegal or immoral purpose or for any sale or auction or any public meeting for religious or political purposes.
7.11 Alter or change any locks on any doors or windows in or about the Property or have additional keys made for any locks and in the event that any keys handed over to the Tenant by the Landlord at the beginning of the Term are lost by the Tenant to pay to the Landlord on demand any costs incurred by the Landlord in replacing the keys or the locks to which the lost keys belong.
7.12 Be a nuisance, cause damage or annoyance to the Landlord or to nearby residents or occupiers of any adjoining property or to do anything, which may affect any insurance of the Property or the contents thereof against fire or otherwise or increase the ordinary premium thereon.
7.13 Use or play any electrical or musical instruments of any kind or sing in the Property so as to cause annoyance to nearby residents or occupiers of any adjoining property or so as to be audible outside the Property between the hours of 22:00-10:00.
7.14 Keep any animals, birds, reptiles or rodents in the Property or the common parts of the building within which the Property is located.
7.15 Leave any refuse or rubbish anywhere in the Property or the common parts of the building within which the Property is located other than in the receptacle provided for this purpose.
7.16 Affix, place or stand any picture, placard, poster or similar item upon, in or against any wall or otherwise in the Property or the common parts of the building within which the Property is located.
7.17 Pierce, nail, pin, screw, bolt or otherwise damage any walls or ceilings or use any kind of adhesive within the Property or the common parts of the building within which the Property is located.
7.18 Allow strangers into the Property or the common parts of the building within which the Property is located.
7.19 Smoke or allow others to smoke within the Property or the common parts of the building within which the Property is located.
8. Defects and Damage
8.1 If a defect arises in the Property during the Term or if a measure for the protection of the Property against a danger that was not foreseen becomes necessary, the Tenant is obligated to inform the Landlord immediately of this. The same applies if a third party claims a right to the Property.
8.2 If the Tenant does not inform the Landlord, he is liable for the compensation for the resulting damage.
9. Liability of Tenant
9.1 The Tenant is liable for the compensation of damages to the Property, the building as well as any fixtures and fittings, insofar as these damages were caused by the Tenant or anybody connected to the Tenant. This includes but is not limited to damage caused by visitors, deliverymen, workmen etc., insofar as they were connected to the Tenant.
10. Liability of the Landlord
10.1 The liability of the Landlord for defects of the Property already existing at or arising at the beginning of the Term is limited to intention and gross negligence.
10.2 In the field of non-performance-typical services, especially in the case of a breach of contractual secondary obligations, the liability of the Landlord is limited to defects of performance, damages, consequential damages or disturbances caused by the Landlord due to intent or gross negligence.
10.3 If the Landlord is liable, the liability is limited to the damage that was foreseeable for the Landlord. Furthermore, a liability of the Landlord for consequential or indirect damages is excluded. The limitations and exclusions of liability do not apply if the legal representatives or senior executives of the Landlord are liable for intent or gross negligence.
10.4 The Landlord cannot assume any responsibility for messages, mail and goods delivered to the Property or otherwise for the Tenant. The Landlord has no means of arranging the safekeeping, delivery and/or forwarding of the same. Claims for compensation by the Tenant in this regard are expressly excluded.
10.5 The Landlord is not liable for any belongings of the Tenant which are damaged or lost, including any belongings of the Tenant kept within the Property or the common parts of the building within which the Property is located unless the Landlord is liable for intent or gross negligence.
10.6 The Landlord cannot accept responsibility for the safekeeping of any belongings of the Tenant and therefore no such belongings of the Tenant can be accepted for safekeeping by the Landlord whether expressly or impliedly. The Landlord strongly advises the Tenant to arrange for the adequate safekeeping of relevant belongings of the Tenant through alternative means/third parties.
10.7 The above-mentioned exclusions of liability apply in the same way in favour of third parties employed by the Landlord.
11. Continuation of use after the end of the term
11.1 If the Tenant continues to use the Property after the end of the Term and the Landlord does not contradict this further use, this does not constitute an extension of the Agreement or the Term.
12.1 The Tenant is entitled to cancel a Reservation and/or terminate the Agreement in accordance with the following provisions.
12.2 The Tenant may cancel a Reservation and/or terminate the Agreement at any time. The Landlord must be informed of such cancellation and/or termination in writing.
12.3 If the Tenant cancels a Reservation and/or terminates the Agreement more than 60 days prior to the beginning of the Term, the Landlord does not make any claims for payment or damages.
12.4 Otherwise, upon a cancellation of a Reservation and/or a termination of the Agreement by the Tenant, the Landlord may make a claim for payment or damages and/or withhold the following percentages of the Holding Deposit and/or the Deposit:
Cancellation of Reservation/ Termination of the Agreement Amount deductable by the Landlord
60 days or more prior to the beginning of the Term
Between 59 days to 15 days prior to the beginning of the Term
40% of the overall charge
Less than 15 days prior to the beginning of the Term
70% of the overall charge
12.5 The compensation which may be claimed by the Landlord under paragraph 12.4 above is limited to the remuneration payable to the Landlord under these Terms and Conditions and the Agreement, deducting the amount of money for the costs saved by the Landlord as well as for the advantages that the Landlord obtains due to a usage for a different purpose.
12.6 The Tenant is free to prove that the Landlord did not suffer any damage or that the damage arisen for the Landlord is smaller than the charged rate for compensation.
12.7 The Landlord may terminate the Agreement immediately upon breach by the Tenant of any of its obligations under the Agreement and/or these Terms and Conditions.
12.8 The Landlord will inform the Tenant of its decision to terminate the Agreement and will stipulate a time by which the Tenant has to vacate the Property including a full removal by the Tenant of all its belongings from the Property and the common parts of the building within which the Property is located.
12.9 The Landlord may remove any of the Tenant’s personal belongings from the Property and the common parts of the building within which the Property is located if such belongings have not been removed by the Tenant within the timeframe stipulated by the Landlord pursuant to paragraph 12.8.
13. Entire Agreement
13.1 The Agreement and these Terms and Conditions contain the whole agreement and understanding between the Landlord and the Tenant relating to the subject matter of the Agreement at the date of the Agreement to the exclusion of any terms implied by law which may be excluded by contract and supersede any previous written or oral agreement between the Landlord and the Tenant in relation to the subject matter of the Agreement.
13.2 The Landlord and the Tenant acknowledge that they have not relied on or been induced to enter into the Agreement by a representation or warranty other than those expressly set out in the Agreement.
13.3 Save in the event of fraud or fraudulent misrepresentation, neither the Landlord nor the Tenant shall be liable to the other (in equity, contract or tort, for a misrepresentation or in any other way) for a representation that is not set out in the Agreement.
14.1 If any provision of the Agreement or these Terms and Conditions shall be held to be illegal, void, invalid or unenforceable under the laws of any relevant jurisdiction, the legality, validity and enforceability of the remainder of the Agreement or these Terms and Conditions in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of the Agreement or these Terms and Conditions in any other jurisdiction shall not be affected.
15. Variation to be in writing
15.1 No variation of the Agreement or these Terms and Conditions shall be valid unless it is in writing and signed by or on behalf of each of the Landlord and the Tenant.
16. No waiver
16.1 The failure to exercise or delay in exercising a right or remedy under the Agreement or these Terms and Conditions shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right or remedy under the Agreement or these Terms and Conditions shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
17. Governing Law and Jurisdiction
17.1 This Agreement is governed by, and shall be construed in accordance with, the law of the State of Israel.
17.2 The courts of the State of Israel shall have non exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with the Agreement or these Terms and Conditions and, for such purposes, the Landlord and the Tenant irrevocably submits to the jurisdiction of the courts of the State of Israel.