THE HERTZ CORPORATION WEBSITE
GENERAL TERMS AND CONDITIONS OF USE
Last updated November 1, 2006
We offer this website, subject to the following terms and
conditions (“Agreement”). Please read this Agreement carefully before using
this website. By using this website, you accept the terms and conditions set
forth in this Agreement. If you do not agree to the terms and conditions set
forth in this Agreement, you must not use this website. We may at any time, at
our sole discretion, update and revise this Agreement by posting an amended
Agreement on this website; any changes that we make to this Agreement will be
effective immediately upon posting. Please check this page periodically for
changes to the Agreement; you will be able to determine if this Agreement has
been changed since your previous visit by viewing the "Last Updated"
information that appears at the top of this Agreement. Your use of this website
following the posting of any changes constitutes acceptance of those changes.
As used in this Agreement, the terms “we” and “us” mean The Hertz
Corporation and the companies in which The Hertz Corporation directly or
indirectly owns a majority interest, commonly called “subsidiaries.” We operate vehicle and construction and
industrial equipment rental businesses and, on a more limited scale, retail
vehicle sales and claims administration businesses. Our “licensees” are independent companies in
the vehicle and construction and industrial equipment rental businesses, and
sometimes in the retail vehicle sales business, that are licensed to operate
such businesses using a trade name and trademarks and service marks owned by
us, which often incorporate the “Hertz” mark.
Because the licensees are independent of us, they are not our
subsidiaries and thus are not included in the terms “we” and “us.” Our “affiliates” at any time are the
companies (other than us) that at the time control us or are under common
control with us; the terms "we" and "us" do not include our
affiliates.
You must be at least 13 years of age to use this website. If you
are not at least 13 years old, you must not access or use this website.
Copyright. Formal notice of copyright
ownership appears on the website. All rights reserved. United States and
international copyright laws protect all images, text, programs, and other
materials found on this website (the "Site Materials"). Any
commercial use of any of the Site Materials is prohibited without the express
written consent of The Hertz Corporation. You agree not to change or delete any
copyright, trademark, or other proprietary notices from materials displayed on
or downloaded from this website, and acknowledge that you do not acquire any
ownership rights by using this website or the Site Materials.
Trademarks. We or our affiliates own
registered service marks including, without limitation, "Hertz",
"Hertz #1 Club", "Hertz #1 Club Gold," "Hertz
Neverlost," "Hertz Car Sales," "Hertz Equipment
Rental" and certain unregistered marks. Names, logos and other marks
identifying our products or services are our or our affiliates’ proprietary
marks, and are protected by United States and international trademark laws. All
other trademarks and service marks used on this website are the trademarks,
service marks, or logos of their respective owners.
Privacy. Any personally identifiable data
about you which we collect from you on this website, including without
limitation, personally identifiable data about you collected during any
registration process as described below, is subject to the privacy policy that
is applicable to this website. For more
information, please carefully review the applicable privacy policy, which is
accessible via a link provided at the bottom of the homepage of this website.
Registration. Access to some areas and use of
some functions of this or our other websites may require you to be or become a
participant in or a member of a particular Hertz club or program. When and if
you register to become a participant or member, you agree to (a) provide
accurate, current, and complete information about yourself as prompted by our
registration form (including your e-mail address), and (b) to maintain and
update your information (including your e-mail address) to keep it accurate,
current, and complete. You acknowledge that, if any information provided by you
is inaccurate, not current, or incomplete, we reserve the right to terminate
your use of this website and related services. As part of the registration
process, you may be asked to select a password. You will be responsible for the
confidentiality and use of your password and any club or program identification
number and agree not to transfer or resell your use of or access to this
website to any third party. If you have reason to believe that your account
with us is no longer secure, you must immediately notify us of the problem by clicking here. YOU ARE
ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND
ANY CLUB OR PROGRAM IDENTIFICATION NUMBER, AND YOU ARE ENTIRELY RESPONSIBLE FOR
ANY AND ALL ACTIVITIES (INCLUDING RESERVATIONS AND PURCHASES) THAT ARE
CONDUCTED THROUGH YOUR ACCOUNT. For more
information regarding data security issues, please see the “Data Security”
section of the privacy policy accessible via a link provided at the bottom of
the homepage of this website.
Code of Conduct. While using this website and/or
the Site Materials, you agree not to:
In addition, while using this website and/or the Site Materials,
you agree to comply with all applicable laws, rules, and regulations.
Making Reservations and Purchasing or Requesting Products or
Services. If you wish to make reservations or purchase or request products
or services described on this website, you may be asked by us (or, if you are
purchasing or requesting the product or service through a co-branded area of
this website, by the provider of such product or service) to supply certain
data applicable to your reservation or purchase, including, without limitation,
credit card information and other personally identifiable data about you. You
understand that any such personally identifiable data will be treated by us in
the manner described in the privacy policy accessible via a link provided at
the bottom of the homepage of this website and, if a Hertz co-branded provider
is involved, such data will be treated by such provider in the manner set forth
in that provider's privacy statement; you acknowledge that we are not
responsible for the information collection or privacy practices of these
providers or any other third parties. You agree that all data that you provide
in making reservations or purchases or requesting services will be accurate,
current, and complete. You agree to pay all charges incurred by you or any
users of your account and credit card or other payment mechanism at the rate(s)
or price(s) in effect when such charges are incurred. You will also be
responsible for paying any applicable taxes relating to your purchases.
We reserve the right, without prior notification, to change any
descriptions or images of, or references to, any products or services on this
website, or to limit the order quantity on any such product or service and/or
refuse service to you. We note that descriptions or images of, or references
to, third party products or services do not necessarily imply our endorsement
of such products or services.
Verification of submitted data may be required prior to our
acceptance of any reservation, purchase or order. Except as otherwise required
by law or as otherwise expressly stated by us, price, rate and availability of
products or services are subject to change without notice. You acknowledge that
reservations, purchases and services are subject to additional terms and
conditions imposed by us or by our affiliates, licensees or associates.
A summary of our current policies regarding vehicle rental rate
quotes, reservations and prepaid rentals is accessible from the web page on
which you are quoted a rate for rental by us.
Links. This website may contain links
to other Internet websites and online resources. Links on this website to other
websites or resources shall not be construed as endorsement, control, review or
approval of such other websites by us. You acknowledge and agree that we shall
not be held responsible for the legality, accuracy, or inappropriate nature of
any content, advertising, products, services, or information located on or
through any other websites, nor for any loss or damages caused or alleged to
have been caused by the use of or reliance on any such website or content.
Further, the treatment of user data by the operators of third party websites
may be different from our treatment of user data. For details regarding such
operators' treatment of data about users, you must review their privacy
policies or terms and conditions of use or contact them for this information.
Use of “Cookies” and Other Tracking Technologies. We may use cookies and other technologies to
facilitate and track your use of services offered on this website and in
connection with our e-mail communications.
For more information on our use of such technology, please see the
privacy policy accessible via a link provided at the bottom of the homepage of
this website.
Accuracy of Information. Although
we strive to ensure the accuracy of the information found on this website,
neither we, nor our affiliates, licensees, suppliers, or agents, can be held
responsible by you for the accuracy of such information. It is solely your
responsibility to evaluate the accuracy, completeness, and usefulness of all
information provided on this website.
Disclaimers. WE PROVIDE THIS WEBSITE, THE
SITE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OR IN CONNECTION
WITH THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, AGREEMENT WITH US TO WHICH
YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES,
LICENSEES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, UNLESS
OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT WITH US TO WHICH YOU ARE A
PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE, WE AND OUR AFFILIATES,
LICENSEES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE
OR THE SITE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE (OR THE SERVER(S) ON WHICH IT
IS HOSTED) OR RELATED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL
TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS
WEBSITE, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE, OR STATEMENT OF
US OR OUR AFFILIATES, LICENSEES, SUPPLIERS, AGENTS, OR VISITORS, WHETHER MADE
ON THIS WEBSITE, IN THE SITE MATERIALS, OR OTHERWISE, SHALL CREATE ANY
WARRANTY, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT WITH US TO
WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. YOUR
USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.
Conflicts. In the event a conflict arises
between any information posted on this website, this Agreement, and/or any
contract you have with us, the terms of your contract with us will prevail over
this Agreement and the information posted on this website, and this Agreement
will prevail over information posted on this website.
Limitation of Liability. AS A
CONDITION OF YOUR USE OF THIS WEBSITE, YOU AGREE THAT NEITHER WE, NOR ANY OF
OUR AFFILIATES, LICENSEES, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS,
EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, OR CONSEQUENTIAL LOSS
OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA,
INTERRUPTED COMMUNICATIONS, DAMAGES, EXPENSE, OR COSTS RESULTING DIRECTLY OR
INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION WITH:
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR SITE
MATERIALS CONTAINED WITHIN THIS WEBSITE IS TO STOP USING THIS WEBSITE AND/OR
SITE MATERIALS, AS APPLICABLE.
Indemnification. Without limiting the generality
or effect of other provisions of this Agreement, you agree to indemnify, hold
harmless, and defend us, our affiliates, licensees, subcontractors, and agents,
and each of our or their officers, directors, and employees, from and against
any and all claims, damages, losses, costs (including reasonable attorneys'
fees), or other expenses that arise directly or indirectly out of or from (a)
your breach or alleged breach of this Agreement, including any violation of the
Code
of Conduct above; and (b) your use of this website and engagement in
transactions on this website including, but not limited to, use of the Site
Materials.
Availability of this Website. This
website is usually available 24 hours a day, 7 days a week. However, we retain
the right to make this website unavailable from time to time for any reason or
no reason. We shall not be liable for any damages arising from any
interruption, suspension, or termination of this website.
Claims of Copyright Infringement. The
Digital Millennium Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that material appearing on the
Internet infringes their rights under U.S. copyright law. If you believe in
good faith that materials hosted by us infringe your copyright, you (or your
agent) may send us a notice requesting that the material be removed, or access
to it blocked. The notice must include the following information: (a) a
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (b) identification of
the copyrighted work claimed to have been infringed (or if multiple copyrighted
works located on this website are covered by a single notification, a
representative list of such works); (c) identification of the material that is
claimed to be infringing or the subject of infringing activity, and information
reasonably sufficient to allow us to locate the material on the website; (d)
the name, address, telephone number, and email address (if available) of the
complaining party; (e) a statement that the complaining party has a good faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and (f) a statement that the
information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. If you believe in good faith that
a notice of copyright infringement has been wrongly filed against you, the DMCA
permits you to send us a counter-notice. Notices and counter-notices must meet
the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/
for details. Notices and counter-notices with respect to this website should be
sent to Richard McEvily, Staff Vice President and Deputy General Counsel, The
Hertz Corporation, 225 Brae Boulevard, Park Ridge, NJ 07656, (201) 307-2000,
dmcanotice@hertz.com. We suggest that you consult your legal advisor before
filing a notice or counter-notice. Also, be aware that there can be penalties
for false claims under the DMCA.
Void Where Prohibited. Although
this website is accessible worldwide, not all products or services discussed or
referenced in this website are available to all persons or in all geographic
locations or jurisdictions. In addition, restrictions may apply to use of
products or services obtained in one jurisdiction in other jurisdictions. Those
who choose to access this website from do so on their own initiative and
at their own risk, and are responsible for compliance with their local laws, if
and to the extent such local laws are applicable. You may not use or export the
Site Materials or products and services available through this website in
violation of applicable export laws and regulations. We, and our
affiliates, licensees, suppliers and agents, reserve the right to limit the
availability of this website and/or the provision of any product or service to
any person, geographic area or jurisdiction we or they so desire, at any time
and in our or their sole discretion.
Applicable Law. Except to the extent expressly
provided in the following paragraph, this Agreement (including any of
our policies referred to herein) shall be governed by and construed in
accordance with the laws of the State of New Jersey in the United States
without regard to New Jersey's conflict of law provisions. Specifically
excluded from application to this Agreement is that law known as the United
Nations Convention on the International Sale of Goods. If you are a citizen or
resident of the United States, a U.S. commonwealth or a U.S. territory, or if
you are accessing this website from the United States, you hereby agree that
any disputes arising under or in connection with this Agreement, this website,
and/or the Site Materials shall be submitted for resolution to either the U.S.
District Court for the District of New Jersey located in the City of Newark in
the State of New Jersey or a state court located in Bergen County in New
Jersey, and you hereby waive any jurisdictional, venue, or inconvenient forum
objections to such courts.
A different governing law and forum may apply only if each of the following is
true with respect to you: (a) you are not a U.S. citizen; (b) you do not
reside in the United States; and (c) you are not accessing this website from
the United States. If each of these items is true with respect to you,
and you are a citizen of one of the countries identified below, you hereby
agree that any disputes arising under or in connection with this Agreement
(including any of our policies referred to herein), this website and/or the
Site Materials shall be governed by the applicable law set forth below, without
regard to any conflict of laws provisions; and you hereby irrevocably submit to
the non-exclusive jurisdiction of the courts located in the state, province or
country identified below whose law governs (without regard for any conflict of
law provisions that would provide for the application of some other
jurisdiction’s law):
|
If
you are a citizen of: |
Governing law and forum: |
|
Any African country |
England & Wales |
|
Australia |
State of Victoria |
|
Brazil |
State of Sao Paolo |
|
Canada |
Province of Ontario |
|
Any European Union Country |
England & Wales |
|
Japan |
Japan |
|
Korea |
Republic of Korea |
|
Any Middle East country |
England & Wales |
|
New Zealand |
New Zealand |
|
Norway |
England & Wales |
|
Switzerland |
England & Wales |
If you are a citizen of any Asian country other than Japan or
Korea, the laws of the State of New Jersey in the United States shall apply,
without regard to New Jersey's conflict of law provisions.
Notwithstanding the foregoing, the law and forum governing any
product or service that you purchase or otherwise obtain from us, our
affiliates, licensees, or associates shall be as specified in the applicable
contract with us pertaining to such product or service.
Other General Provisions. We
reserve the right to immediately terminate your access to and use of this
website or any portion thereof, or to eliminate any content, feature or service
of this website, at any time and for any reason, with or without cause.
Headings found in this Agreement are for reference only. A party's failure to
insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. This, together
with any of our policies referred to herein, is the entire Agreement between
you and us relating to the subject matter herein and supersedes any and all
prior or contemporaneous written or oral Agreements between you and us
regarding the same subject matter (except other written, fully-executed
contracts between you and us). Neither the course of conduct between you and
us, nor trade practice shall act to modify any provision of this Agreement. If
any provision of this Agreement is held to be invalid or unenforceable, such
determination shall not affect such provision in any other respect or any other
provision of this Agreement, which shall remain in full force and effect. This
Agreement is not assignable, transferable or sublicensable by you except with
our prior written consent.
Legal Notice for Canadian Residents. This
Agreement has been written in English, and you waive any right you may have
under any laws to have this Agreement written in any other language. You
represent that you have the ability to read and write in English and you have
read and understood this Agreement. If this Agreement is translated into a
language other than English, the English version and interpretation shall
govern and prevail. All communications between the parties hereunder shall be
in English. Il est de la volonte expresse des parties que le present contrat et
tous les documents qui s'y rattachent soient rediges en langue anglaise,
exception faite des documents pour lesquels la loi exige l'usage exclusif du
francais.
Legal Notices for California Residents.
Under California Civil Code Section 1789.3, residents in the State of
California in the United States are entitled to the following specific consumer
rights information:
Pricing
Information. Current
rates for our car rental services may be obtained by calling The Hertz
Corporation at (800) 654-3131 or writing to us at The Hertz Corporation, 14501
Hertz Quail Springs Parkway, Oklahoma City, OK 73134. Current rates for our car
sales services may be obtained by calling Hertz Car Sales at (800) 654-3131 or
writing to us at Hertz Car Sales, 225 Brae Boulevard, Park Ridge, New Jersey
07656. Current rates for our claim management services may be obtained by
calling Hertz Claim Management at (800) 426-7389 or writing to us at Hertz
Claim Management, 225 Brae Boulevard, Park Ridge, New Jersey 07656. Current
rates for our equipment rental services may be obtained by calling Hertz
Equipment Rental at (888) 777-2700 or writing to us at Hertz Equipment Rental,
225 Brae Boulevard, Park Ridge, New Jersey 07656. We reserve the right to change fees,
surcharges, monthly or other periodic subscription fees, or to institute new
fees at any time as provided in this Agreement.
Complaints.
The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 1625
North Market Blvd, Sacramento, CA 95834, or by telephone at (916) 445-1254 or
(800) 952-5210.
Website Operator and Contact Information.
This website is operated by The Hertz Corporation. Here is our
contact information for the following European countries:
(a) in Belgium, you may contact Hertz Belgium N.V. at
Excelsiorlaan 20, 1930 Zaventem, Belgium, 0032 2 717 32 07 (telephone), 0032 2
717 32 08 (facsimile), customer-relations-be@hertz.com, VAT Number BE 401 678
879, Trade registration number HRB 389 009;
(b) in France, you may contact Hertz France S.A. at 1 rue Eugène
Henaff, 78198 Trappes Cedex, France, 0825-800-900 (telephone), 0825-803-001
(facsimile), customer-relations-fr@hertz.com, VAT Number FR 59 319 505 632,
Trade registration number 319 505 632 RCS VERSAILLES;
(c) in Germany, you may contact Hertz Autovermietung GmbH at
Ginnheimer Straße 4, 65760 Eschborn, Germany, 0049 1805 00 3688 (telephone),
0049 1805 00 3691 (facsimile), customer-relations-ge@hertz.com, VAT Number
DE-114164028, Trade registration number 9821;
(d) in Great Britain, you may contact Hertz UK Ltd at 34-62
Staines Road, Hounslow, Middx TW3 3LZ, United Kingdom, (0044) 207 744 0067
(telephone), (0044) 207 744 0089 (facsimile), customer-relations-uk@hertz.com,
VAT Number 219334568, Trade registration number 597994;
(e) in Italy, you may contact Hertz Italiana SpA at CSD - Ufficio
Clienti, V.le L. da Vinci 421, 00145 Roma, Italia, (0039) (02) 69430019
(telephone), (0039) (02) 69430020 (facsimile), customer-relations-it@hertz.com,
VAT Number Cod.Fisc. 00433120581 / P.IVA 00890931009, Trade registration number
Reg.Imp. RM 09119601807;
(f) in Luxemburg, you may contact Hertz Luxembourg S.A. at
Aéroport de Findel, 1110 Luxemburg, Luxemburg, 0032 2 717 32 07 (telephone),
0032 2 717 32 08 (facsimile), customer-relations-be@hertz.com, VAT Number LU
10861939, Trade registration number RC B-8777;
(g) in Netherlands, you may contact Hertz Automobielen Nederland
B.V. at PO Box 270, 2130 AG Hoofddorp, Netherlands, 0031 20 2013519
(telephone), 0031 20 2013520 (facsimile), customer-relations-ne@hertz.com, VAT
Number 005485544B01, Trade registration number KvK 34049337;
(h) in Spain, you may contact Hertz de España S.A. at José
Echegaray,6, Edificio B -1a, 28230 Las Rozas, Madrid, Spain 00 34 91 749 77 78
(telephone), 00 34 91 749 77 79 (facsimile), customer-relations-es@hertz.com,
VAT Number A-28121549; and
(i) in Switzerland, you may contact Hertz Autovermietung AG at
Ifangstrasse 8, CH-8952 Zuerich Schlieren, Switzerland, 0041 1 212 2626
(telephone), 0041 1 730 1244 (facsimile), customer-relations-sz@hertz.com, VAT
Number 231795, Trade registration number 020.3.911.482.7.
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