THE HERTZ CORPORATION WEBSITE
GENERAL TERMS AND CONDITIONS OF USE
Last updated April 30, 2013
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 Gold Plus Rewards”, “Hertz On Demand”, “Hertz Business Rewards”, “Hertz Dealer Direct”, "Hertz #1 Club," "Hertz #1 Club Gold," "Hertz Neverlost", “Hertz Rent2Buy”, “Hertz Car Sales,”, “Hertz Equipment Rental” , “Traveling At The Speed of Hertz”, 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. All information collected as part of SMS opt in
will not be sold/rented/shared
Mobile
Communications. By
opting in you agree to receive messages account notifications such as payment
alerts, rental reminders, balance alerts in conjunction with any other service
you request from Hertz Corporation. For customer support information reply HELP
to any message or call 1-833-932-2073. You may opt-out at any time by texting
STOP. Message and data rates may apply. Message frequency varies. All
information collected as part of SMS opt in will not be sold/rented/shared
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 or
becomes 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 to 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.copyright.gov for details.
Notices and counter-notices with respect to this website should be sent to
Richard McEvily, Senior 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 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: |
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Any African country |
England & Wales |
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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 |
|
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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 Notice 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 Consumer Information Center of the
California Department of Consumer Affairs may be contacted in writing at 1625
North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (916)
445-1254 or (800) 952-5210. Hearing-impaired person
may call TDD (916) 928-1227 or TDD (800) 326-2297.
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 BVBA at Excelsiorlaan 20, 1930 Zaventem, Belgium, 00 32 2 702 05 10 (telephone), 00 32 2 726 46 80 (facsimile), Belgium@hertz.com, VAT Number BE 0401 678 879, Trade registration number 0401678879
(b) In France, you may contact Hertz France SAS, at 1/3 Avenue de Westphalie, Immeuble Futura 3, 78180 Montigny Le Bretonneux, France, 00 33 1 6106 1000 (telephone), 00 33 1 6106 1001(facsimile), VAT Number FR 02 377 839 667, Trade registration number B377 839667 RCS Versailles
(c) In Germany, you may contact Hertz Autovermietung GmbH at Ludwig-Erhard-Straße 12, D-65760 Eschborn, Germany, 00 49 6196 9370 (telephone), 00 49 6196 937 289 (facsimile), VAT Number DE-813881939, Trade Registration number HRB 52255
(d) In Great Britain, you may contact Hertz (U.K.) Ltd, at Hertz House, 11
Vine Street, Uxbridge, Middx UB8 1QE, United Kingdom, 00 44 1895 553500
(telephone), VAT number 219334568, Trade registration number 597994;
(e) In Italy, you may contact Hertz Italiana Srl at via del Casale Cavallari n.204, 00156 Rome, Italia, 00 39 0654 2941 (telephone), 00 39 0654 294364 (facsimile), hertzitaliana@pecposta.it, VAT Number 00890931009, Trade registration number 00433120581;
(f) In Luxembourg, you may contact Hertz Luxembourg SARL at Aéroport de Findel, 1110 Findel, Luxembourg, 00 35 2 434645 (telephone), 00 35 2 420351 (facsimile), Luxembourg@hertz.com, VAT Number LU 21949420, Trade registration number RC B-8777/20072431228
(g) In Netherlands, you may contact Hertz Automobielen Nederland B.V. at Siriusdreef 34-36, 2132 WT Hoofddorp, Netherlands, 00 31 2356 70747 (telephone), 00 31 2356 70786 (facsimile), info@hertz.nl, VAT Number NL005385544B01, Trade registration number 34049337;
(h) In Spain, you may contact Hertz de Espana SL at C/ Jacinto Benavente, 2, Edif. B. Planta 3, Las Rozas 28230 Madrid, Spain 00 34 509 7300 (telephone), 00 34 91 5097373 (facsimile), customer-relations-sp@hertz.com, VAT Number B28121549; Trade registration number M-81.018
Site Operator Address:
The Hertz Corporation
225 Brae Blvd.
Park Ridge, NJ 07005
United States
Site Operator Address:
The Hertz Corporation
225 Brae Blvd
Park Ridge, NJ, 07656
United States