This document constitutes a binding agreement between D.R.A.R. Bilui veFnai Ltd (ד.ר.א.ר. בילוי ופנאי בע"מ), which operates the GetPool platform (hereinafter: "the Company" or "GetPool"), and the individual or entity wishing to list a pool/resort property on the platform and make it available for booking by users of the site (hereinafter: "the Host" or "Pool Owner"). By joining the platform (for example, by registering a new property on the site or by signing this agreement), the Host declares that they have read, understood, and agreed to all the terms of the agreement set out below. Please read this document carefully before joining, and retain a copy for your records.
1. Background Declarations
1.1. Identity and Roles of the Parties: The Company is the owner and operator of an online system for marketing, brokering, and booking hospitality services (rental of private pools, resort properties, and the like) under the brand "GetPool". The Host is the holder of rights in a private property (pool, villa, compound, or other property) who wishes to list it on the site and rent it to users of the platform.
1.2. Company Services (Host-Facing): The Company provides the Host with a convenient technological platform for marketing the property, including a listing page for the property on the GetPool site, an online availability and booking management system, marketing communication options with customers (including via a dedicated WhatsApp bot), a dedicated payment processing service, and additional tools for managing hospitality. In addition, the Company may offer the Host marketing campaigns, reports, and customer outreach at its sole discretion.
1.3. Legal Status: The parties agree that their relationship is that of an independent contractor and client — that is, the Host acts as an independent provider of hospitality services. This relationship does not constitute an employer-employee relationship, partnership, agency, or joint venture (except insofar as the Company serves as a collection agent as detailed in this agreement). The Host may not commit, contract, or create obligations in the Company's name, and the Company is not liable for the Host's obligations to third parties, except as set out in this agreement.
2. Host Onboarding and Property Listing
2.1. Legal Status — No Verification or Responsibility by the Company: The Company does not check, does not verify, and does not undertake or warrant to any person anything regarding the legal status of the Host or the property, any permits, licences, approvals, or compliance with any legal or safety requirements, nor whether listing and renting the property breaches any obligation toward a third party. None of these fall within the Company's area of responsibility or form part of its services — whatever the Host's regulatory status may be, including where licensing or approval procedures have not been completed or are in progress. Nothing in this engagement or in the listing of the property constitutes, on the part of the Company, any representation, confirmation, or undertaking regarding the legality of the Host's activities or the property.
2.2. Property Listing Page: Upon onboarding, the Host shall complete a registration form ("property registration") with the property details, using the digital management interface made available by the Company. These details shall include, among other things: the property name, location, description, photographs and specifications, maximum number of guests, operating hours, booking terms (per hour/per day), regular prices, weekend/holiday pricing, cancellation policy, and unique instructions and restrictions. The Host is responsible for providing complete, correct, and accurate information.
2.3. Content Editing Approval: The Company reserves the right to edit content provided by the Host (text and photographs) in order to adapt it to the site's standards prior to publication. Price changes shall not be made without coordination with the Host. The Company may refuse to publish, or may remove the listing of, a property if in its reasonable judgment doing so would involve a breach of law, damage to the site's credibility, unreliability, or the property not conforming to the type of services the site seeks to provide.
2.4. Licence to Use Host Content: The Host grants the Company a non-exclusive, worldwide, royalty-free licence to use the photographs, content, and marketing materials it provides, for the purpose of listing the property on the platform and promoting the platform's marketing activities. The intellectual property rights in such content shall remain with the Host or their original owners. Responsibility for content and photographs, for the rights therein, and for the lawfulness of their use rests solely with the Host. It is clarified that all photographs and content uploaded to the site — including photographs taken or uploaded by the Company or anyone on its behalf, and in whatever manner they were uploaded — are provided and displayed at the Host's sole responsibility. The Company does not check and does not undertake as to their accuracy, ownership, rights, or any legal aspect relating to such photographs and content, and shall bear no liability in respect thereof.
2.5. Account Opening and Self-Management: The Company shall provide the Host with access to an online management system (for example an "Hosts' Area" on the site or a dedicated application, accessed via username and password). Through this system the Host will be able to update availability in real time, change prices, update bookings, view incoming bookings, and generate reports. The Host undertakes to keep their access credentials confidential and to notify the Company immediately upon any suspicion of unauthorised use. Any action carried out in the system using the Host's access credentials shall be deemed an action on behalf of the Host. In addition, the Company may assist the Host and update or correct details on the property page — for example at the Host's request or as necessary — but this shall not impose any liability whatsoever on the Company. The Company is not responsible and does not undertake as to the accuracy of the details, the rights therein, or their compliance with any law, and responsibility for these matters remains with the Host alone.
3. Prices, Commission, and Payments
3.1. Price Setting and Commission Tiers: The Host sets the base price for renting the property/hospitality service (for example a price per hour, per session, per night/day, etc.). The Company's commission is not uniform but is degressive, determined on a tiered basis according to the total amount of the reservation (the total rental price, before any add-ons or additional services): up to ₪1,000 – 9%; ₪1,000–₪2,000 – 8%; ₪2,000–₪3,000 – 7%; ₪3,000–₪4,000 – 6%; above ₪4,000 – 5%. The higher the total amount of the reservation, the lower the commission rate. The Host sees in the system their base price, which reflects their potential income before deduction of commission. The commission rate set out applies both as an addition to the base price charged to the Guest (service fee) and as an identical-rate deduction from the base price transferred to the Host; the Company's total commission is composed of both of these components together (see the worked numerical example in clause 3.3).
3.2. Company Commission and VAT: For each booking made and paid, the Company is entitled to a commission composed of two components, each at the rate specified in the tiers in clause 3.1 and calculated on the base price of the transaction (after any discounts given): (a) a service fee charged to the Guest as an addition above the base price; and (b) a commission deducted from the base price transferred to the Host. The commission is the consideration for platform services, payment processing, the booking system, marketing, and the like. The Company's commission includes VAT as required by law — the final price displayed to the Guest (the base price plus the service fee) is a final price inclusive of VAT, and no separate VAT addition is added to it. The Company acts solely as an agent/broker, and therefore its income for VAT purposes is its commission only (which includes VAT as aforesaid), and it is responsible for reporting and remitting the VAT applicable to its commission. The base price received by the Host constitutes the Host's own turnover, and the Host is solely responsible for reporting and paying the VAT and taxes applicable to their share of the transaction (see also clause 3.7).
3.3. Host Remuneration — Worked Numerical Example: The Host receives the base price less the commission component at the relevant tier, and is not affected by the service fee charged to the Guest. The Host confirms and is aware that the Guest pays a price higher than the base price by the relevant commission rate, and that this addition serves to operate the platform. For example, for a base price of ₪1,000 per night (9% tier): the Guest pays ₪1,090 (final price inclusive of VAT), the Host receives ₪910, and the Company's total commission is ₪180 (₪90 service fee from the Guest + ₪90 commission from the Host, inclusive of VAT).
3.4. Payment Collection and Processing Method: The Company offers the Host two alternatives for collecting payment for bookings: (a) Full collection through the site — the Company collects the full transaction amount from the Guest and then transfers to the Host the amount collected less the Company's commission; or (b) Commission-only collection — the Company collects only its commission (from both sides) from the Guest, and the Guest pays the remaining consideration directly to the Host. Payment is made using the Guest's credit card details, by means of a card pre-authorization / hold (תפיסת מסגרת): 5 days in advance under the full collection through the site alternative, or 3 days in advance under the direct payment from Guest to Host alternative. The actual charge takes place on the date of the event. The Company acts as a collecting agent for the Host for this purpose, so that a payment made by the Guest through the system shall be deemed as received by the Host for the purposes of the Host's obligations to the Guest. The transfer to the Host will be made by deposit into the bank account whose details were provided at onboarding. The Host is responsible for issuing a lawful tax invoice (חשבונית מס / heshbonit mas) in respect of their share of the transaction and for personally handling all their obligations to the tax authorities (see clause 3.7). In addition, in the event of a guest no-show, the Company offers the Host an ancillary service under which it can charge the Guest's credit card and transfer the amount to the Host. However, the Company does not guarantee this and it is subject to the Company's discretion and constitutes assistance to the Host only (see clause 5.4).
3.5. Timing of Charge and Security Deposits: Unlike full advance payment, the Company does not collect the full amount at the time of booking, but instead places a card pre-authorization / hold (תפיסת מסגרת) on the Guest's credit card as detailed in clause 3.4, with the actual charge taking place on the date of the event. If the Host requests a deposit/security mechanism (for example in case of damage), they must state this expressly in the property policy so that Guests are aware of it; handling of the deposit shall be carried out directly between the Host and the Guest on the day of arrival, unless otherwise agreed with the Company. The Host undertakes that any such mechanism shall be coordinated with the Company.
3.6. Price Changes and Promotions: The Host may at any time update their prices (for future bookings) or set up promotions, coupons, and discounts within the tools made available by the Company (for example, setting a special price for a specific date, or a "X% discount" promotion, etc.). However, a price change shall not apply retroactively to a booking already made — the price that was displayed and confirmed at the time of booking is binding for that booking.
3.7. Taxes: The Host bears sole responsibility for handling all VAT and tax matters applicable to their rental income. Prices entered by the Host must include VAT as required by law if the Host is a VAT-registered dealer. The Company may withhold tax at source from payments to the Host if the Host has not provided a valid exemption certificate. In any event, the Host shall bear the payment of all government taxes applicable to them as a service provider (such as VAT, income tax, business property tax, etc.), and the Company shall bear no liability whatsoever for the Host's failure to comply with their obligations to the tax authorities.
4. Host Obligations
4.1. Accuracy and Currency of Information: The Host undertakes that all information provided for publication on the site is correct, up to date, and not misleading. The Host bears sole responsibility for the accuracy of the property details, including: the property's location, availability, terms, photographs that reflect reality, and any other material particulars. If the Host discovers an error in published information, they must update it immediately — or at the very least contact the Company for an update — as the Host bears sole responsibility for ensuring the service matches the published description.
4.2. Maintaining Availability and Calendar Management: The Host must continuously maintain availability in the bookings calendar. If the Host has bookings from other sources (for example from other platforms, telephone bookings, etc.), the Host must block those dates/times in the site calendar in advance in order to avoid double-booking. The Host is obligated to honour every booking that has been accepted and confirmed in the system, except in force majeure events as set out in clause 6.4. Failure to update availability that results in a Guest making a booking for a date on which the property is actually occupied shall entitle the Company (in addition to any other remedy) to impose a cancellation penalty on the Host and/or a payment to cover handling costs, and to compensate the affected customer at the Host's expense.
4.3. Service Quality and Delivery of the Hospitality Experience: The Host shall provide Guests with a quality hospitality experience as committed. The property shall be handed over clean, in good working order, and ready for the Guests' use at the time of the booking. The Host or their representative shall welcome the Guests on site (including a lifeguard where required), shall provide basic orientation and first aid as required, and shall be available to answer questions or deal with problems during the stay. The Host shall avoid unreasonable interference with Guests during the rental and shall comply with the restrictions and rules they published.
4.4. Safety and Legal Compliance — No Company Responsibility: The Company does not check, does not supervise, and does not undertake or warrant to any person that the property or the Host's activities comply with any legal, licensing, or safety requirements — whatever the Host's regulatory status may be, whether licensing procedures have been completed or have not yet been completed or are in progress. This matter is not within the Company's area of responsibility and does not form part of its services, and the Company shall bear no liability for any non-compliance with such requirements, including for any fine, damage, or sanction (see also clause 6).
4.5. Code of Conduct and Content Prohibitions: The Host undertakes to conduct themselves with fairness and professionalism towards Guests. The Host is absolutely prohibited from discriminating between Guests on the basis of race, religion, national origin, sex, sexual orientation, health status, or any other ground listed in the Prohibition of Discrimination in Products and Services Law (5761-2000). The Host shall not upload to the platform any unlawful content, offensive content, insulting photographs, political content, or any other material that may harm another person, be used to commit an offence, or infringe third-party rights. The Company may remove such content and take action against a Host who breaches this clause.
4.6. Communication through the System: All communication between the Host and Guests — before and after a booking is made — shall be conducted exclusively through the GetPool system and platform (including via the WhatsApp/chat channel). The Host must ensure they respond to user enquiries within a reasonable time and provide complete information, and must not make direct contact with a Guest or direct them outside the platform. After confirmation of a booking, the system will make available tools for coordinating operational service details (exact address, time coordination, etc.).
4.7. Confidentiality and Customer Data: The Host shall keep confidential the personal information of Guests received through the platform (including names, addresses, telephone numbers, payment details, etc.) and shall not use it for any purpose other than providing the hospitality service itself. It is absolutely prohibited to use Guest data for the purpose of sending marketing materials or selling it to a third party, except through the Company's marketing service. The Host is obligated to comply with the requirements of privacy law in relation to all personal information they receive.
5. Cancellations, Amendments, and Booking Defaults
5.1. Cancellation by a Guest: In every case of a transaction being cancelled at the Guest's initiative, the conditions set by law and by GetPool's cancellation policy (as agreed with the Host and published to customers) shall apply. The Host acknowledges that they must honour a lawful cancellation, including the right of cancellation under the Consumer Protection Law (in a distance-sale transaction — within 14 days from the date the booking was made, provided the cancellation is made at least 7 business days before the date of the event), with the payment being refunded to the Guest less lawful cancellation fees. The Company will handle such a cancellation on the Host's behalf, refund the Guest's money, and deduct that amount from payments due to the Host, or charge the Host in the event that the Host has already received the payment.
5.2. Host's Specific Cancellation Policy: The Host may specify in advance (in the system) the property's cancellation policy. It is clarified that with respect to leisure/hospitality services, the provisions of the Consumer Protection Law and its regulations regarding cancellation of a transaction apply and override any stricter condition the Host may seek to impose. By contrast, where an event venue is being rented, the parties may agree between themselves on the cancellation terms, and those terms — as published and approved in advance — shall be binding on the Guest. In all cases, the cancellation terms are subject to the Company's approval and compliance with the provisions of law.
5.3. Cancellation by the Host: The Host is required to refrain from unilaterally cancelling a booking they have confirmed, except in special emergency circumstances and in light of the true circumstances. Cancellation by the Host without sufficient reason may damage the platform's reputation and user trust. If the Host is compelled to cancel due to a serious and unforeseen breakdown (such as a serious health issue or a safety incident), they must notify the Company immediately and provide an explanation. The Company may at its discretion impose a cancellation penalty on the Host (for example, 10% of the transaction value or an additional administrative amount) — a sum that will be transferred for the benefit of compensating the Guest at the Host's expense, in addition to a full refund to the Guest. In cases of repeated cancellation without justification, the Company may suspend or terminate the Host's activity on the platform with immediate effect.
5.4. Guest No-Show: If a Guest fails to arrive at the agreed time and has not cancelled in advance, this shall be treated as a late cancellation by the Guest, and the Host is entitled to payment as set out in the relevant cancellation policy (for example, if 100% charge was specified in the event of a no-show). It is recommended that the Host try to contact the Guest before conclusively determining that a "no-show" has occurred, in case of a misunderstanding or unexpected delay. As stated in clause 3.4, the Company may assist the Host in collecting the amount from the Guest's credit card and transferring it to the Host, but does not guarantee this.
5.5. Customer Complaints and Compensation: In the event that a Guest raises a justified complaint about service quality or non-conformity with the description (for example, a facility that was promised and is not operating), the Host must deal with it in full seriousness and attempt to resolve the issue immediately on site. If the Guest demands compensation, the Host should consider providing appropriate compensation (a discount, additional time at no cost, or another benefit). If the Company finds that the complaint is justified and the Host has not dealt with it appropriately, it may compensate the Guest from the Host's funds, and deduct that amount from future payments to the Host.
5.6. Reviews and Ratings: Legitimate Guests who have booked the property may leave a review and rating on their experience. The Company will not edit or delete legitimate negative reviews, unless they violate content rules (offensive content, defamation, profanity, or personal details). Reviews are intended to faithfully reflect the Guests' experience. Consistently low ratings may result in a decline in the listing's position, and in extreme cases in removal of the property, as the Company is committed to maintaining a high level of service for its users.
5.7. Host–Guest Disputes: In any dispute between the Host and a Guest (for example regarding service quality, damage caused, or performance of the booking), the Company may — at its discretion and at the request of either party — ask each party for its account and the relevant documents, and try to help the parties reach an understanding or make a determination for the purpose of operating the booking (for example a refund, credit, or transfer of payment). However, the Company is not a party to the dispute, is not an arbitrator, and bears no liability whatsoever for its outcome; any determination or assistance by the Company is provided as an operational service only, and full responsibility toward the Guest remains with the Host. Nothing herein derogates from clauses 5.5 and 6.1.
6. Liability and Limitation of Liability
6.1. Host's Liability to Guests: The Host bears full and exclusive liability for any injury, damage, or loss caused to Guests or any third party in connection with the property or its operation, of any kind whatsoever, or as a result of any act or omission by the Host, or as a result of any defect or malfunction in the property. This includes the Host's responsibility for the safety of the pool and property facilities, providing functioning safety equipment, and preventing dangerous incidents (slipping, falling, drowning, etc.). The Host must maintain appropriate third-party liability insurance to cover unforeseen events at the property. The Company shall bear no liability for any Guest claim in respect of personal injury or property damage suffered by the Guest at the Host's property.
6.2. Indemnification for Claims: If a claim, demand, or legal proceeding of any kind is brought against the Company by a Guest or third party relating to the Host's property or activities (for example, a Guest suing the Company on the grounds of injury at the Host's pool, etc.), the Host undertakes to indemnify the Company, immediately upon its first demand, for all costs and damages (including attorneys' fees and legal expenses) arising therefrom. The Company shall be entitled to represent itself in such a proceeding at its own discretion and to demand indemnification from the Host for any amount it is held liable for as a result of the Host's act or omission.
6.3. Company's Liability to the Host: The Company provides platform services on an AS-IS basis and gives no express or implied warranty regarding the volume of bookings, occupancy rate, or any other commercial outcome. The Company is not liable for isolated technical faults within a reasonable timeframe, provided it acts to rectify them with reasonable effort. In any event, the Company's aggregate liability to the Host is limited to the commission amount the Company collected from the Host in connection with the event giving rise to the liability, and shall not exceed ₪1,000. The Company shall bear no liability for indirect, consequential, or special damages of any kind.
6.4. Force Majeure and Security Situations: Neither party shall be liable to the other for failure to perform its obligations if caused by a force majeure event — such as war, acts of hostility, civil unrest, natural disaster, fire, epidemic, strike, or government emergency regulations/directives — provided that the party invoking force majeure gives notice immediately upon the occurrence of the event. With respect to a security situation or war, the law and the Home Front Command (Pikoud Haoref) directives in force at the time of the event shall apply, as follows: (a) if, due to Home Front Command directives (for example a ban on gatherings, a reduced activity format, or a restricted/closed area), the booking cannot lawfully take place — the booking shall not be held, and the Host shall refund the Guest, through the Company, the payment made for the part not provided (a full refund), and the Guest may not be compelled to accept a postponement or a credit in lieu of a refund; (b) if the Home Front Command permits the booking to be held and it can lawfully take place, but the Guest chooses to cancel out of fear, convenience, or another personal reason — no automatic refund shall apply, and the standard cancellation policy terms (clauses 5.1–5.2) shall apply. Nothing herein derogates from mandatory consumer rights under the law.
6.5. Host's Own Contract with the Guest: The Host may enter into its own contract with its Guests (house rules, security deposit, terms of use of the venue, etc.), including by means of the tools made available by the platform, and have the Guest sign it. Any such contract is supplementary and subordinate to this agreement and to GetPool's Terms of Use: it may not, under any circumstances, transfer to the Company, impose on it, extend, or modify any liability, obligation, or risk, nor derogate from the allocation of liability set out in this clause 6, in clause 1.3, and in clause 5.7. Any provision of a Host–Guest contract purporting to impose any liability or obligation on the Company, or to reduce the protections and limitations available to it under this agreement or by law, is void and unenforceable against the Company. The Company is not a party to such contract and assumes no liability for its content, validity, or performance; full responsibility toward the Guest remains with the Host.
7. Term of the Agreement and Termination
7.1. Term: This agreement shall enter into force upon approval of the Host's onboarding to the system (whether by physical signature or by electronic acceptance at the time of property registration), and shall continue for an indefinite period until terminated in accordance with its terms.
7.2. Termination at the Host's Initiative: The Host may at any time request to remove their property from the site and terminate the engagement, by giving 7 days' advance notice to the Company (to allow for handling of the requested termination). If there are confirmed future bookings beyond the termination date, the Host must honour the bookings that were received before the property's removal, or cancel them while compensating for breach of the agreement.
7.3. Termination/Suspension at the Company's Initiative: The Company may terminate this agreement and remove/suspend the Host's property from the system with immediate effect in the following cases: (a) the Host has breached a material term of the agreement (for example repeated cancellation of bookings without cause, repeated Guest complaints, lack of availability, breach of law, etc.); (b) the Host has ceased actual operations (for example the property no longer meets the listing conditions); (c) the Host has performed an action that harms the Company, the platform, or users (such as theft of user data, defamation, etc.). In the case of a remediable breach, the Company will warn the Host and allow the Host a reasonable time to remedy it, and if it is not remedied — the Company shall be entitled to terminate. Termination by the Company may be immediate and in writing.
7.4. Effect of Termination: Upon termination of the agreement, the Company shall remove the property page and cease its publication and booking and operational activities. Clauses of the agreement that by their nature are required to continue to operate after termination (such as indemnification clauses, limitation of liability, governing law and jurisdiction) as well as the obligation of confidentiality — shall remain in force. Termination of the agreement shall not release the parties from obligations that accrued prior thereto — such as the obligation to pay commission in respect of transactions that were completed, or the obligation to honour future bookings (if not cancelled).
8. Miscellaneous
8.1. Amendments to the Agreement: The Company may from time to time update the terms of this agreement (for example due to regulatory changes or changes in the manner in which the platform operates). Notice of a change will be sent to the Host 14 days before the change takes effect. If the Host does not agree to the change, the Host will be entitled to terminate the agreement within that period before the change takes effect. Continued use of the platform after the date the change takes effect shall be deemed acceptance of the new terms.
8.2. Notices: The Company's address for notices under this agreement is business.ranson@gmail.com (unless an update to a different address is provided). A notice shall be deemed delivered upon dispatch if sent on a business day, otherwise on the morning of the next business day. Notices may be given by email, WhatsApp, or SMS.
8.3. Assignment of Rights and Obligations: The Host may not transfer or assign their rights or obligations under this agreement to any third party without the Company's prior written consent. The Company may transfer its rights and obligations to an affiliated entity (for example in the context of a merger or sale of business), and may also use subcontractors to fulfil its obligations (such as payment processing, marketing, and operational services).
8.4. Waiver and Delay: The Company's failure to exercise a right granted to it under the agreement or by law shall not be deemed a waiver of that right. A waiver or indulgence granted by the Company in a particular case shall not constitute a precedent and shall not be inferred as applying to any other case.
8.5. Governing Law and Jurisdiction: This agreement shall be governed solely by the laws of the State of Israel. Exclusive jurisdiction over any dispute or claim between the Company and the Host in connection with this agreement is conferred on the competent courts of the Tel-Aviv-Yaffo District only.
8.6. Entire Agreement: This agreement (including its annexes) constitutes the entire understanding between the parties with respect to the engagement within the GetPool platform and supersedes all prior representations, agreements, undertakings, or promises — whether oral or in writing. In the event of any conflict between this agreement and other publications/terms of the Company, this agreement shall prevail in all matters relating to the Company-Host relationship.
8.7. Signature and Acceptance: The Host's signature on this agreement, or electronic acceptance of the agreement, constitutes confirmation that the Host has read, understood, and agreed to its terms without reservation. The parties may sign the agreement in separate counterparts, and a scanned/photographed signature shall be treated as an original for all purposes.