1.1. The introduction and the addendum of this Agreement are unseparated part of the agreement and will be obligated as its whole conditions.
1.2. The section headings are not made for interpretation.
2. Term and Termination
2.1. This Agreement shall start on the date of the signature of this contract.
2.2. Each party may announce the termination of the engagement, with 30 days written notice to the other Party, for any reason. The reservations received before the collaboration was terminated will still be responsibility of the Agent.
3. Responsibilities and Grant of Rights
3.1. Subject to the terms and conditions of this Agreement, the Owner hereby appoints Zandi as its exclusive Agent to manage and promote the apartment. Agent hereby accepts such responsibility.
3.2. The owner hereby grants to the Agent for the Term, and subject to the terms and conditions herein, an exclusive right to manage and promote the apartment in accordance with the terms and conditions of this contract.
4. The Agent services
4.1. Diligently manage and promote the apartment, create the listing on agreed platforms, describe the apartment online and take care of hosting the clients and maintenance of the apartment.
4.2. The Agent shall have the right in its sole discretion and without notice, to amend prices, with a previously agreed minimum and maximum rate per night that has to be communicated each time that this price change exceeds of 20%, in any case the prices must be communicated at least every 3 months.
4.3. The Agent will always follow the property maintenance and fixing. The Owners will always be informed of any damage and extraordinary repair.
4.4. For any problem that requires a technician, the Agent will always inform The Owners before taking action. If the owners are not reachable in the moment of need, the Agent is authorized to give approval on its own not exceeding a reasonable commercial price and in any case not more than 1000 NIS.
4.5. For the avoidance of doubt, any problem, defect or repair will be paid by the owner.
4.6. The Agent will take full responsibility for the communication with the guest, dealing with online requests and taking care of the check-in, 24/7.
4.7. The Agent undertakes to act with diligence and effort to fulfill the duties described.
4.8. The agent shall be free to perform the marketing and maintenance work and the agent will be entitled to engage in his work at his discretion without any supervision and instruction from the owner.
5.1. The first week after the end of the month, the Agent shall forward to the owner copies of all the reservations.
5.2. The owner undertakes to provide the apartment, in good conditions and worthy for rent.
5.3. In order to maintain a high standard rental, the owner should provide basic furniture and accessories, including Towels and bed sheet, Dishes, Iron, Iron board, Hair dryer, soap, shower essentials, TV and TV channels, Wi-Fi. If the owner can not provide the previously described list, we can agree on extra commission for the Agent to provide such service.
5.4. The owner shall be responsible for providing all the products and accessories specified in Section 5.3 above at his own expense.
5.5. The owner can decide "available days" which he wants to block for private reasons, but these days must be blocked before head. The Owner cannot cancel or change guests reservations that have been made, for any reason.
5.6. The owner will have access to the platform with his own login and account. This access allows the owner to have a real time view on his property. The Owner will not be allowed to make any change to prices, dates, and details.
5.7. The Agent will forward to the Owner his percentage of the total compensation in his bank account, and the Agent will keep his percentage in his own bank account. The cleaning fee is not subject to these percentages, will be deducted before distributing both percentages.
6.1. The Owner will receive by the first week of every month his cumulative compensation of the previous month of reservations. The agent will keep 20% + Vat for each reservation.
6.2. The Agent shall supply to the owner an invoice setting forth the computation of commissions and invoices regarding all other expenses including cleaning fees, reparations, etc for every month of the agreement.
6.3. In the event of termination of this Agreement, the owner shall be obligated to pay commissions for the reservations procured by the Agent from customers prior to termination of this Agreement.
6.4. The agent shall be fully responsible for his own employees and agents, except for the professional referred in article 4.5 above.
6.5. The payment of the 80% included vat that belongs to the owner will be sent from the Agent by the first week of the next month. The cleaning fee is not subject of this percentages, will be deducted before distributing both percentage.
6.6. If the owner wants, the Agent can redesign his propriety. The first meeting to establish prices, taste, and project is for free. The fee for the design of the propriety will be decided accordingly to the request of the owner. In any case, the consideration for the redesign shall be calculated and paid separately.
7.1. If the amount to be paid within the framework are not paid within the prescribed time, the payment will be charged plus interest and linkage from the date of payment until the date effective payment.
8.1. The owner agrees to indemnify, defend, and protect the Agent from and against all lawsuits and costs of every kind pertaining to any violation of the law, this Agreement, or the rights of any third party due to defects in the apartment and/or the non-conformance of the apartment and/or in connection with the breach of responsibility applicable to the apartment owner pursuant to this agreement and/or under any law.
8.2. Without derogating from the obligation of the Owner pursuant to this Agreement and under any law, and without imposing any additional obligation on the Agent, the Owner will hold the apartment insurance policy in a recognized insurance company and in the customary amounts, where the policy specifies waiver of the right of subrogation by the Insurer towards any of the parties to this Agreement.
9. Accounting and information
9.1. The Agent undertakes hereby to keep books of accounts or any other document required for the registration of the reservations.
9.2. In the first week after the end of the month, the agent shall give to the owner a cumulative file of each payment received from the customer.
9.3. The Agent shall prepare and maintain, and submit to the Owner, all documentation and reports monthly.
9.4. The obligation to report and or pay any authority, about the apartment incomes and reservations will apply only to the owner. The Agent shall not be required to report anything to the State. The Agent will only, monthly, inform the owner about all his reservations.
10.1. Neither Party may without the written approval of the other, assign this Agreement or transfer its interest to any third party.
11. Injunctive Relief
11.1. The Company and the Agent acknowledge that a violation of Article 3, 4, 5, 6, 7 or 8 would cause immediate and irreparable harm for which money damages would be inadequate. Therefore, the harmed Party will be entitled to injunctive relief for the other Party’s breach of any of its obligations under the said Articles without proof of actual damages and without the posting of a bond or other security. Such remedy shall not be deemed to be the exclusive remedy for such violation, but shall be in addition to all other remedies available at law or in equity.
11.2. Both Parties shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.
12. Governing Law and Dispute Resolution
12.1. This Agreement shall be governed by and construed in accordance with the laws of Israel without giving effect to any choice of law or conflict of law provisions. The Parties consent to the exclusive jurisdiction and venue in the courts of Israel.
13.1. This Agreement constitutes the entire agreement of the Parties on the subject hereof and supersedes all prior understandings and instruments on such subject.
13.2. This Agreement may not be modified other than by a written instrument executed by the Parties.
14.1. Any notice shall be considered to have been delivered to the receiving party’s address after 24 hours following the date of mailing if sent by fax and 3 working days following the date of mailing if sent by registered mail.