Last revised April 2013
HERTZ ON DEMAND 24/7™ U.S. MEMBERSHIP AND RENTAL TERMS
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEEMENT (SECTION II) REQUIRES THE USE OF ARBITRATION, OR A SMALL CLAIMS COURT PROCEEDING, ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
This Agreement governs the relationship, rights, and obligations between The Hertz Corporation and you with regards to your membership in The Hertz Corporation's carsharing service in the United States, "Hertz On Demand 24/7™," and with regards to the rental of Cars (as defined below) through Hertz On Demand 24/7™ in the United States. Van and truck rentals at certain Lowe's locations may also be available through Hertz On Demand 24/7™ and are subject to this Agreement. The cars, vans and trucks available for rent through Hertz On Demand 24/7™ are referred to herein as the "Car," a "Car," or the "Cars." This Agreement does not govern, or provide the applicable terms and conditions for, insurance replacement rentals.
The Hertz Corporation , including Hertz On Demand 24/7™, is referred to herein as "we," "us," "Hertz" or "Hertz On Demand." Hertz On Demand members are referred to herein as "You." You must agree to the terms and conditions contained in this Agreement before you can join Hertz On Demand in the United States and rent Cars through Hertz On Demand in the United States or, if you have already joined Hertz On Demand in a country other than the United States, before you can rent a Car in the United States through Hertz On Demand.
The terms and conditions set forth in sections I-V and XVI-XXI govern the membership in Hertz On Demand for members who join in the United States; the terms and conditions set forth in sections I-II and VI-XV govern each reservation and use of a Car in the United States by you.
I. CONSENT TO THE USE OF ELECTRONIC RECORDS
a) The following disclosure and consent process is intended to meet the requirements of Section 101(c) of the United States Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq.
b) You consent (the "Consent") to Hertz On Demand's use of electronic records ("Electronic Records") to contract with you and provide or to make available to you information via Hertz On Demand's website or visibly referenced by a link contained in Hertz On Demand's website, or by e-mail (collectively, the "Information"). This may include Information related to your online enrollment or membership in Hertz On Demand; your rentals; legal notices; and disclosures.
c) Hardware and Software Requirements: To access the Information requires a website browser at least equivalent to Microsoft Internet Explorer 6.x and above, Mozilla Firefox 3 and above, Google Chrome 8 and above and Safari 3 and above, and equipped with SSL security of no less than 128 bits; Internet e-mail software reasonably capable of sending and receiving Internet e-mail with authorized access to an e-mail account with reasonable inbox and outbox message storage; and a computer or other hardware device (together with appropriate operating system and application software), that is capable of accessing the Internet and that is reasonably capable of storing Electronic Records in electronic format and accessing such stored Electronic Records, or (ii) printing Electronic Records or converting them to another medium that provides reasonable retention and access.
d) Withdrawal of Consent. You may withdraw your Consent to Hertz On Demand's use of Electronic Records provided or made available to you after the date your withdrawal of consent is effective (the "Withdrawal Effective Date"), however, by doing so you understand that you will terminate your membership in Hertz On Demand and ability to rent Cars through Hertz On Demand. The Withdrawal Effective Date shall be the last day of the calendar month that is at least forty (40) days after Hertz On Demand has received a written letter (including your Membership ID number) mailed to Hertz On Demand Member Care Center, P.O. Box 26120, Oklahoma City, OK 73126, (i) requesting such withdrawal, and (ii) providing a mail address to which Hertz On Demand may send future paper documents in lieu of Electronic Records. Hertz On Demand agrees to acknowledge its receipt of your withdrawal by a letter mailed to the address specified in your withdrawal letter. Any withdrawal of Consent shall have prospective effect only, and shall not affect the legal effectiveness, validity or enforceability of Electronic Records provided or made available to you prior to the Withdrawal Effective Date.
e) You may request a paper copy of any Electronic Record relating to your Membership by written letter (including your Membership ID number) identifying the Electronic Record in question by date and subject matter, mailed via first class mail with sufficient postage to Hertz On Demand Member Care Center, P.O. Box 26120, Oklahoma City, OK 73126, containing a self-addressed envelope stamped with first-class postage sufficient for the paper copies requested. Hertz On Demand reserves the right to charge a handling fee of $US 1.00 per page provided to you, plus $US 5.00 per request in excess of two requests per twelve (12) month period, conditioned upon payment in advance by credit or debit card charge authorized by you, or other method of payment reasonably acceptable to Hertz On Demand.
f) In applying to become a Hertz On Demand member, you will need to provide your e-mail address to Hertz On Demand. The e-mail address so provided will become your Last E-Mail Address, which Hertz on Demand may use in the future for the purposes of sending you legal notices or otherwise, until you amend your Last E-Mail Address. You may amend your Last E-Mail Address by accessing your Membership profile on the Hertz On Demand website and following the instructions for amending the e-mail address information (or any other information you wish to amend) in your Membership profile. Any amendment of Last E-Mail Address made in this manner shall be effective as of midnight local time in the State of New Jersey, U.S.A., following Hertz On Demand's receipt of such amendment. You may also amend your Last E-Mail Address by written letter to Hertz On Demand (including your Membership ID number) in the same manner as provided for withdrawal of Consent, in which case the effective date of the amendment of Last E-Mail Address shall be the last day of the calendar month at least 40 days following Hertz's receipt of such amendment.
g) In accordance with the foregoing, by entering into this Agreement, you give your Consent to the use of Electronic Records to provide or make available the Information as described. By entering into this Agreement and making a reservation for the use of a Car in the United States, you demonstrate that you can access Information in electronic form provided or made available to you on the Hertz On Demand website.
II. ARBITRATION AND CLASS ACTION WAIVER
a) We hope that you are satisfied in every respect with your rental of a Car. Most customer concerns can be resolved to the customer's satisfaction by calling the Member Care Center at 877-654-4400. Except for Excluded Claims (as defined below), You and Hertz agree if there is any dispute that you and Hertz cannot resolve voluntarily, YOU AND HERTZ BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT. ANY ARBITRATION OR SMALL CLAIMS COURT PROCEEDING UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b) In addition to pursuing arbitration or a small claims court proceeding for a dispute or claim within the scope of the small claims court's jurisdiction, you and Hertz are free to bring any issues that you or Hertz may have relating to our relationship to the attention of government agencies.
c) You and Hertz agree that the scope of this Arbitration Provision is broad. For example, without limiting the broad reach of this Arbitration Provision, you and Hertz agree to arbitrate or resolve in a small claims court the following types of disputes:
1) claims relating to any aspect of the relationship or communications between you and Hertz, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
2) claims that arose before this or any prior Agreement (including without limitation claims relating to advertising);
3) claims that are currently the subject of a purported class action in which you are not a member of a certified class; and
4) claims that may arise after the termination of this Agreement.
d) You and Hertz agree this Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
e) You and Hertz agree that this provision does not include any "Excluded Claims," which you and Hertz define as claims for property damage, personal injury, or death.
f) IF YOU WISH NOT TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY HERTZ IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING HERTZ AT noarbitrationhod@hertz.com OR BY MAIL TO The Hertz Corporation, 225 Brae Blvd., Park Ridge, NJ 07656, Attn: Arbitration, and include your name, address, that you are or were a member of Hertz On Demand, your Driver's License Number, and a clear statement that you do not agree to this Arbitration Provision. If you have previously notified Hertz of your decision to opt out of arbitration, you do not need to do so again.
g) In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this Arbitration Provision. Unless you and Hertz agree otherwise, the arbitration will take place in the county of your billing address. You and Hertz also both agree that:
1) The arbitration will be administered by the American Arbitration Association ("AAA") pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (together, the "Rules"). You can obtain the Rules from the AAA at www.adr.org.
2) You or Hertz may commence an arbitration by providing a written demand for arbitration to the other (for Hertz, The Hertz Corporation, 225 Brae Blvd., Park Ridge, NJ 07656, Attn: Arbitration) and two copies of the demand to the AAA. The Rules describe what should be included in the demand. If you demand arbitration, you may be required to pay a filing fee to the AAA. If you seek $10,000 or less through arbitration, We will reimburse you for any filing fee that you pay to the AAA.
3) The arbitrator may award declaratory or injunctive relief as well as money, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. You and Hertz agree that an arbitration award and any judgment confirming it apply only to the specific parties in that case; it cannot be used in any other case except to enforce the award itself. YOU AND HERTZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR HERTZ'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hertz agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then this Arbitration Provision shall be null and void.
4) If, prior to filing a demand for arbitration, you write to Hertz by email at prearbitrationhod@hertz.com or by mail to The Hertz Corporation, 225 Brae Blvd., Park Ridge, NJ 07656, Attn: Arbitration, describe your complaint in detail, and state that you intend to pursue arbitration, Hertz may make an offer to you to resolve your complaint within 30 days of receiving your writing. If you reject the offer or Hertz fails to make an offer, you then file a demand for arbitration, and the Arbitrator awards you an amount of money that's more than the offer that Hertz made, but less than $1,000, then Hertz will pay you $1,000 instead of the amount awarded, plus any reasonable attorneys' fees that you incur in the arbitration. If you follow this procedure and the arbitrator awards you more than $1,000, then Hertz will pay you the amount awarded and any reasonable attorneys' fees that you incur in the arbitration. You may not disclose any offer made to you with an arbitrator prior to the issuance of an award by the arbitrator. Hertz waives any right that it may have to seek attorneys' fees from you in arbitration.
III. APPLYING FOR MEMBERSHIP AND CHANGES TO THIS AGREEMENT
a) Hertz may change this Agreement from time-to-time, on a prospective basis only (e.g., any changes will not apply to past rentals), by providing you with notice of such changes, including by posting notice that this Agreement has changed on the Hertz On Demand website.
1) YOU HEREBY AGREE TO RECEIVE NOTICE OF CHANGES TO THIS AGREEMENT THROUGH THE POSTING OF NOTICE OF SUCH CHANGES ON THE HERTZ ON DEMAND WEBSITE, INCLUDING THE UPDATING OF THIS AGREEMENT.
2) YOU ASSENT TO AND WILL BE BOUND ON A PROSPECTIVE BASIS TO CHANGES TO THIS AGREEMENT WHEN YOU MAKE A RESERVATION FOR A CAR AFTER A CHANGE TO THIS AGREEMENT HAS BEEN PLACED ON THE HERTZ ON DEMAND WEBSITE.
b) By applying for membership with Hertz On Demand, you authorize Hertz to check your driving record to determine if you meet our membership criteria. If you are licensed by a jurisdiction that does not permit us to obtain a copy of your driving record directly, we may require that you provide a copy of your driving record to us.
c) You must have a valid license issued by a jurisdiction acceptable to Hertz for at least one year and must continue to maintain a valid license for the duration of your membership.
d) The following items on your driving record will result in denial of your membership application:
1) If your license is currently suspended, revoked, expired or surrendered;
2) If you have been convicted for reckless driving within the past 36 months;
3) If you have been convicted for driving under the influence, driving while intoxicated or driving while impaired within the past 36 months;
4) If you have incurred three or more moving violations within the past twenty-four (24) months;
5) If you failed to report an accident or left the scene of an accident within the past 36 months; or
6) If you have been convicted for possession of a stolen vehicle or the use of a vehicle in the commission of a crime in the past 36 months.
e) You must notify us immediately of any change in your license status, of any moving violations that you incur, or if you have any points added to your license by contacting the Member Care Center at 877-654-4400, as this may mean that you are no longer eligible for Hertz On Demand membership, in violation of this Agreement, and that your use of Cars in the United States is not protected by the Liability Protection provided for in this Agreement.
f) Before your first rental, you must provide us with the details for a debit or credit card held in your name to enable us either to debit your debit card or to charge your credit card directly. If you are joining under a business account program pursuant to which a corporation, university or other entity has agreed to be billed directly for your approved rentals, you may also enter a method of payment associated with a business account program ("Business Account MOP") for rentals approved by the business account (i.e., not personal rentals). You and any person, corporation, university or other entity to whom, with Hertz On Demand's consent, you expressly direct the charges in any way incurred under this Agreement to be billed are jointly and severally responsible for payment of all charges. If you direct charges to be billed to any person, corporation, university or other entity, you represent that you are authorized to do so.
g) When you give us your credit or debit card details or Business Account MOP, you agree to allow us to charge or debit your card or Business Account MOP for all charges that you incur. In case of debit or credit refusal by your bank (either for advanced authorization or incurred charges) or refusal by a business account sponsor to pay for charges that you incur, we may suspend or terminate your membership with Hertz On Demand. We reserve the right in our sole discretion to cancel or suspend your membership if we experience problems receiving timely payment from you.
h) If you meet Hertz On Demand's membership criteria, which determination shall be made by Hertz in its sole discretion, and you are accepted as a Hertz On Demand member, you will receive information from Hertz regarding your membership.
i) If you enroll in Hertz On Demand in the United States, your membership (as opposed to your reservation and use of Cars) will be governed by the law of the State of New Jersey irrespective of its conflict of laws rules.
IV. NATURE OF YOUR MEMBERSHIP
a) By becoming a member with Hertz On Demand, you obtain solely a bailment that allows you to reserve and use a Car as permitted by the agreement that applies to the Cars located in the jurisdiction in which you seek to reserve and use a Car.
b) You acknowledge that the Cars located in the United States are owned by Hertz or one of its affiliated companies. Only Hertz or one of its affiliated companies may transfer the Car or any rights or obligations under this Agreement.
V. THE HERTZ ON DEMAND SMART CARD OR KEY FOB
a) Hertz On Demand members access reserved Cars by using a Hertz On Demand Smart Card (the "Card") or Key Fob that is provided to them. You must not give, lend, or sell the Card or Key Fob to anyone or let anyone else use the Card or Key Fob. Failure to comply with this condition will to the extent permitted by law result in the termination of your membership, void any applicable Liability Protection, and subject you to liability for any damages that stem from the unauthorized use of a Car.
b) If you lose your Card or Key Fob, you must let us know as soon as possible and no later than twenty-four (24) hours from when you knew or should have known that the Card or Key Fob was lost.
VI. MAKING A RESERVATION
a) This Agreement and the terms and conditions that govern the reservation and use of Cars located in the United States (sections I-II and VI-XX) may be changed from time-to-time as set forth in Section III.a), above.
b) The terms and conditions set forth herein regarding the reservation and use of Cars will be governed by the law of the jurisdiction in which the Car is picked-up at the beginning of a reservation, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent to the nonexclusive jurisdiction of the courts located in that jurisdiction.
c) If you joined Hertz On Demand in a jurisdiction in which we do not check and you were not required to provide us with a copy of your driving record, you must either authorize us to obtain your driving record or provide us with a copy of it, as set forth in Section III, above.
d) If a Car that you have reserved is not available at the time of your reservation, we will try to find another Car for you. If your requirements cannot be met, we will try to offer you an alternative. Reservations, however, are not guaranteed.
e) You can reserve a Car online or by phoning the Member Care Center. Reservations made by phone will be subject to a Phone Service Fee, the amount of which is set forth in the Additional Fee Policy. If you provide us with information to contact you via a mobile device or by e-mail, you will receive a confirmation of your reservation by SMS (text message) or e-mail.
f) The applicable fees for the rental of a Car (e.g., an hourly or daily fee, a one-way rental charge, a mileage fee (if any), etc.) may change from time-to-time and will be presented to you at the time that you make your reservation.
g) Only certain specified Cars at specified locations may be available for one-way rentals. Such vehicles and locations are identified on the Hertz On Demand website.
1) A one-way rental must be identified by you as a one-way rental at the time of reservation.
2) One-way rentals may include a one-way rental charge that, if applicable, will be specified on the Hertz On Demand website at the time that you make the reservation. If a one-way rental charge applies, additional time may be reserved in connection with a one-way rental and will be charged at the applicable hourly or daily rate.
3) Additional miles beyond the amount allotted are charged on one-way rentals in the same manner as on non-one-way rentals.
4) To make a reservation for a one-way rental, you must provide Hertz On Demand your mobile phone number and agree to receive text messages to allow Hertz On Demand to identify to you the Car that is the subject of your reservation at the time of rental. Data and text message rates may apply.
h) With the exception of one-way rentals, a Car may not be reserved for rental for less than one (1) hour. Reservations in excess of an hour can be extended in thirty (30) minute increments (e.g., a reservation for 1.5 hours).
i) Some Cars at some locations may be available for rental on a daily rate only.
j) A Car may not be reserved for more than thirty (30) days.
k) You may have a total of five (5) reservations pending at any given time.
l) Hertz will provide reasonable accommodations to accept reservations with at least twenty-four (24) hours notice for Cars equipped with hand controls. Members are not permitted to install hand controls themselves. Since hand controls do not fit every car, not all types of Cars may be reserved for use with hand controls. We reserve the right to substitute a Car that may be equipped with hand controls for a Car reserved by a member requesting hand controls. For hand control reservations, call the Member Care Center at 877-654-4400. The Phone Service Fee does not apply to hand control reservations.
m) You may cancel a reservation. To avoid being charged for the reserved time and/or one-way rental charge, you must cancel a reservation at least five (5) minutes before the reservation start time.
n) Rentals under and participation in a business account program may be subject to approval pursuant to the terms of the business account program.
VII. CHECKS BEFORE USING THE CAR
a) Before operating the Car, you must check the Car inside and out for cleanliness, any damages, and suitability for use.
1) You acknowledge that Hertz On Demand is dependent in part on members following the terms and conditions of this Agreement, including, but not limited to, returning a Car in a clean state and ensuring that all objects have been removed from the Car. As a result, we cannot guarantee that a Car will be clean and do not take responsibility for objects, if any, left in a Car by another member. You acknowledge that the Car provided to you for your reservation may not be clean when your reservation begins.
b) If the Car is not clean or if a dangerous object is left in a Car, you must call and report this to the Member Care Center, or you may be charged for the cleaning of the Car and a fee as set forth in section XII, below.
c) You must report to the Member Care Center or via the in-car screen pad any damages to the Car before operating the Car. You will be responsible for any unreported damage to the Car, as stated below.
d) Unless waived, a renter in Miami-Dade County, Florida, must be furnished a county-approved visitor information map. These maps are generally furnished at all Hertz locations in Dade County. Each renter must either acknowledge receipt of the map at the commencement of each rental or waive his or her right to receive the map. By entering into this Agreement, you waive your right to receive such a map.
VIII. USING THE CAR, RENTALS FROM LOWE'S LOCATIONS, AND ELECTRIC VEHICLES
a) You are responsible for the Car and anything that happens to the Car from the moment that you unlock the Car with your Card until your reservation is properly completed through use of the in-car screen pad.
b) All children must be restrained in a federally approved child restraint system in accordance with the applicable law of the State in which a rental commences.
1) YOU ACKNOWLEDGE BY ENTERING INTO THIS AGREEMENT THAT SECTION 316.613, FLORIDA STATUTES, REQUIRES EVERY OPERATOR OF A MOTOR VEHICLE TRANSPORTING CHILDREN AGE 5 AND UNDER TO PROPERLY USE A FEDERALLY APPROVED, CRASH-TESTED CHILD RESTRAINT DEVICE.
2) Section 50-1703 of the District of Columbia Official Code provides: "(a) The operator of a motor vehicle may not transport any child of less than 3 years of age unless the child is properly restrained in a child restraint seat. (b) The operator of a motor vehicle shall not transport any child under 16 years of age unless the child is properly restrained in an approved child safety restraint system or restrained in a seat belt. Children under 8 years of age shall be properly seated in an installed infant, convertible (toddler) or booster child safety seat, according to the manufacturer's instructions. A booster seat shall only be used with both a lap and shoulder belt. (c) A parent or legal guardian may transport his or her children without restraint herein if that person is transporting a number of his or her own children of less than 16 years of age which exceeds the number of passenger positions equipped with safety belts in the motor vehicle. However, an unrestrained child may not be transported in the front seat of a motor vehicle." For further educational materials concerning this Code provision, contact the Customer Care Center at 877-654-4400.
c) By operating a Car, you certify that you are the rightful holder of a Card or Key Fob and a member of Hertz On Demand; that you are using the Car for a purpose not prohibited by this Agreement and in accordance with all highway and other applicable laws and regulations; that your driver's license remains valid; that you have reported to us any moving violation that you have incurred since becoming a Hertz On Demand member; and that you are not under the influence of alcohol, drugs or other absorbed elements that may adversely affect your ability to operate the Car and your ability to use the Car is not otherwise impaired. You must not operate a Car if you cannot make this certification at the time of such proposed use.
d) Only you, other Hertz On Demand members with your permission who can make the certification required by Section VIII.c) of this Agreement, and emergency operators (collectively, "Authorized Operators") may operate the Car.
1) An "emergency" means urgent circumstances which, under the laws of the jurisdiction in which the emergency occurred, would justify the operation of an automobile by an unauthorized driver.
e) No Authorized Operator other than yourself may give another Hertz On Demand member permission to operate the Car during your reservation. You must be in the Car if it is being operated by another Hertz On Demand member with your permission.
f) You and any other individual operating the Car with your permission will be jointly and severally responsible for your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car (for example: the obligations not to use the Car in a prohibited manner, to report damage to the Car, to cooperate in investigations, including by timely submitting an incident report, etc.).
g) You must not smoke or allow anyone else to smoke in the Car.
h) With the exception of service animals accompanying a member or passenger with a disability, animals are not allowed in the Car at any time unless they are contained within an appropriate animal carrier. Animals too large for carriers are not allowed in a Car.
i) If you have an accident or the Car is vandalized or stolen, you must report it to the police and complete an incident report. Call the Member Care Center immediately to report the accident or vandalism/theft and to obtain assistance regarding what you must do. You should also, to the extent that it is possible and safe to do so, obtain details of witnesses and other vehicles involved and their drivers, owners and relevant insurance policies.
1) For rentals commencing in New York, we will send to you at the physical address that you provide to us in your membership application an incident report and a notice of your obligation to execute and return to Hertz a complete and accurate incident report describing any physical and/or mechanical damage to the Car. You must complete and return the incident report within ten (10) days of your receipt of the notice. If you are physically incapable of completing the report, the time period for you to complete and return the report shall be extended until you are able to complete the report and are notified that you must complete and return the report. To the extent permitted by law, your failure to return the incident report on time shall void any included Liability Protection and will subject your membership to cancellation.
j) If you or any other Authorized Operator receive any papers relating to an accident or any other circumstances involving the Car, those papers must be promptly given to Hertz. You and any Authorized Operator must cooperate fully with Hertz's investigation of such incident and defense of any resulting claim. Failure to cooperate fully will void any applicable Liability Protection and will subject your membership to cancellation to the extent permitted by law. You and any Authorized Operators authorize Hertz to obtain any records or information relating to any incident, irrevocably and unconditionally consent and submit to the jurisdiction of the courts of the jurisdiction in which the incident occurs and waive any right to object to the exercise of such jurisdiction.
k) If the Car incurs non-accident damage during your rental, you are responsible and must report it to the Member Care Center as soon as it is safe to do so.
l) While Hertz regularly maintains its Cars, members are responsible to ensure that their Car is in proper working order during a reservation including without limitation taking all steps set out in section VII.
1) You are permitted, without prior authorization, to incur minor vehicle expenses that are for less than $30 (e.g., oil, fluids, light bulb/wiper blade/fuse replacement, etc.). You will be reimbursed for such expenses provided that you obtain a receipt that includes your name and the Car's mileage. You must mail the receipt to Hertz for processing of a credit to your bill. No refunds or credits will be given without a receipt. Any amount over $30, with the exception of fuel purchased with the fuel card, must have documented authorization from the Member Care Center prior to expenditure to be eligible for a refund. Except as stated in this paragraph, neither you nor anyone else may authorize the provision of any service or repair to a Car without Hertz's prior documented approval.
m) A Car may include a fuel card (see Part X.e., below, for further information regarding the fuel card). If a fuel card is included, it is the property of Hertz or an affiliated company. You agree not to use the fuel card to fuel any car other than the Car in which the fuel card was provided nor for any other purpose.
n) The Cars are equipped with global satellite positioning technology and/or another telematics system and a transmitter and privacy is not guaranteed. To the extent permitted by law, you authorize Hertz's use of the technology included in the Cars, including to track the location of the Cars. In addition, each Car is capable of providing vehicle usage data (including, but not limited to distance driven and fuel level), which data may to the extent permitted by law be used for the purpose of billing.
o) HERTZ MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE CARS OR ANY COMPONENT INCLUDED IN THE CARS NOR THE SERVICE PROVIDED BY HERTZ, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR OR SERVICE IS FIT FOR A PARTICULAR PURPOSE.
p) If the Car is equipped with a bicycle rack or ski rack, you assume all risk for damage to property resulting from your use of the bicycle rack or ski rack. You agree that Hertz is not responsible to you, any Authorized Operators or anyone else for any loss of or damages to your or their personal property arising from the use of any bicycle or ski rack, regardless of whether said loss or damage is caused by your or their acts or omissions, those of any third party or, to the extent permitted by law, Hertz's negligence. You and any Authorized Operators hereby waive any claim against Hertz, its agents, employees or affiliates, for loss of or damage to your or anyone else's personal property arising from the use of a bicycle or ski rack caused by your or any Authorized Operator's, by any third party's or, to the extent permitted by law, by Hertz's negligence whether in whole or in part. You and any Authorized Operators agree to indemnify and hold Hertz harmless from any claim against Hertz for loss of or damage to personal property resulting from the use of a bicycle or ski rack in connection with any reservation or use of a car under this Agreement.
q) Rentals from Lowe's Locations:
1) Passengers must be properly seated in the passenger compartment of the Car and wearing a seat belt at all times that the Car's engine is on. The Car must be properly loaded and its maximum load capacity not exceeded. YOU ASSUME FULL RESPONSIBILITY FOR THE LOADING AND UNLOADING OF THE CAR, EVEN IF YOU ARE ASSISTED WITH SUCH LOADING OR UNLOADING.
2) The rate for rentals from Lowe's locations does not include any miles. The charge for each mile driven will be disclosed to you at the time of your reservation.
3) Except as otherwise stated in this section VIII.q, each and all of the terms and conditions set forth in this Agreement apply to rentals from Lowe's locations.
r) Rentals of Electric Vehicles:
1) When fully charged, the driving range of an electric vehicle ("EV") is less than that of a gas-powered vehicle. Various factors, such as temperature, the use of components that draw electricity (e.g., heat, air conditioning, radio, headlights), and driving conditions may reduce an EV's driving range. Hertz is not responsible for damages of any type resulting from the depletion of an EV's battery.
2) You are responsible for returning the EV to its designated location. You will be responsible for any costs and expenses that Hertz incurs if you do not return the EV to its designated location, including because of depletion of the EV's battery.
3) You will not be charged for the costs incurred to re-charge the EV after its return by you to its designated location. You may recharge the EV during the rental. A 110 volt cord is located in the EV's trunk so that you may charge it at any available standard outlet. You may also use electric vehicle charging stations to recharge the EV during your rental. You are responsible for any costs incurred in charging the EV during your rental. You are not an agent for Hertz in incurring any such costs.
4) Hertz may provide to you information regarding the location of electric vehicle charging stations. Hertz does not make any representations or warranties as to the accuracy of such information, as to the availability of any charging station, or as to the accuracy of any indication of the EV's range. You remain responsible for returning the EV to its designated location by the end of the reserved rental period, regardless of any delay caused by the need to charge the EV's battery.
5) Except as otherwise stated in this section VIII.r, each and all of the terms and conditions set forth in this Agreement apply to the rental of an EV.
IX. PROHIBITED USES OF THE CAR
a) Neither you nor any Authorized Operator may:
1) Permit the use of the Car by anyone other than you or an Authorized Operator, and only you may permit another Authorized Operator to use the Car during your reservation and while you are in the Car;
2) Intentionally destroy, damage or aid in the theft of the Car;
3) Take or attempt to take the Car into Mexico or to anywhere else outside of the United States or Canada or for rentals in Hawaii to take or attempt to take the Car off the Islands of Hawaii, except as expressly permitted under this Agreement;
4) Engage in any willful or wanton misconduct, which, among other things, may include reckless conduct such as: the failure to use seat belts, the failure to use child seats or other child restraints where legally required, use when overloaded (including with more occupants than seat belts provided), use off paved roads or on roads that are not regularly maintained, or failing to close and lock all doors, car windows and the trunk;
5) Use a Car in violation of Section VIII.q)1), above;
6) Use or permit the use of the Car by anyone:
(i) While legally intoxicated or under the influence of alcohol, drugs or other absorbed elements which may adversely affect a person's ability to drive safely;
(ii) For any purpose that could properly be charged as a crime, such as the illegal transportation of persons, drugs or contraband;
(iii) To tow or push anything;
(iv) In a speed test, contest, race, rally, or demonstration;
(v) In driver training activity;
(vi) To carry persons or property for hire (i.e., for a charge or fee);
(vii) If the Car has been obtained from Hertz by fraud or misrepresentation, including in making the certification required by Section VIII.c), above; or
(viii)To carry hazardous materials (other than customary quantities of materials used in the operation of the Car that are stored within the containers provided for them), explosives, biologically active materials that are hazardous to human health or radioactive material including, but not limited to, any biologically active or radioactive material for research, education, development or industrial purposes, or for purposes incidental thereto.
b) To the extent permitted by law, if a Car is used in a manner prohibited above or you fail to report damage or loss as required by this Agreement: you will lose the benefit of any applicable limitation on your liability for loss of or damage to the Car; Liability Protection will not apply to any damage or loss resulting from such a prohibited use or as a result of the failure to report damage or loss as required in this Agreement; and it will constitute a breach of this Agreement, making you responsible to the fullest extent permitted by law, for the actual and consequential damages to Hertz caused by the breach, together with Hertz's related costs and attorneys' fees.
X. RETURNING THE CAR
a) Except for ordinary wear and tear due to reasonable use, you must return the Car to the same location, unless specified otherwise at the time of reservation, and in the same condition as it was in when you received it.
b) You must return the Car at or before the end of your reserved rental period.
c) If you return the Car to a location other than where you picked-up the Car or another permitted location, you must report this to the Member Care Center. You will be responsible for any and all parking violations that may be issued, as well as the costs that we incur to retrieve the Car and return it to its designated location.
d) If you cannot return the car to its designated parking space, phone the Member Care Center immediately to notify them of where you are parking the Car.
e) You agree to make sure that the fuel tank is at least a quarter full at the end of your reservation. If a fuel card is included in the Car (usually found above the sun visor), you should use it to re-fuel the Car. When using the fuel card, you will be asked for your PIN, which is the last 6 digits of your Customer ID number, and the Car's mileage. If there is not a fuel card in the Car, or if you wish to use your own method of payment, Hertz will reimburse you for the cost of the fuel to re-fuel the Car by issuing a credit to your payment card. If you pay to re-fuel the Car, email the membercare@hertz.com a copy of your receipt and the mileage of the Car at time of refueling to schedule a credit to your payment card. Failure to return the Car with at least a quarter tank of fuel may result in you being charged a fueling fee.
1) For rentals commencing in Miami-Dade County, you agree to return the Car with at least a half tank of fuel at the end of your reservation and that your failure to do so (i) may result in you being charged a fueling fee and (ii) the amount of any fine imposed on Hertz as a result of your failure to do so.
f) At the end of your reservation, you must return the documents and items of the Car (e.g., the fuel card) to the Car and lock the Car using the in-car screen pad at the end of your reservation. If you forget to leave any documents or items in the Car, you must call the Member Care Center as soon as possible.
g) You will be responsible for all fees resulting from a failure to end a reservation properly.
h) You may return the Car before the end of your reservation. You will still be charged for the amount of time that you reserved the Car and any applicable one-way rental charge.
1) For rentals of Cars located in Maryland, you will not be charged for time after you return the Car. However, we reserve the right in our sole discretion to cancel or suspend your membership if you repeatedly reserve a Car for a longer period of time than you use it, as this practice will negatively impact your fellow members.
i) If you do not return the Car when required by your reservation and we send a written demand to return it to your address or email address, Hertz may, at your expense, recover the Car where and when it is found. If the Car is found illegally parked or apparently abandoned, or if the Car is used or obtained as prohibited under Section IX, above, then Hertz may recover the Car without demand. To the extent permitted by law, you waive any right to a hearing or to receive notice or legal process as a pre-condition for Hertz recovering the Car
1) FOR RENTALS COMMENCING IN THE DISTRICT OF COLUMBIA, IT IS REQUIRED BY LAW THAT YOU BE WARNED THAT IF YOU FAIL TO RETURN A RENTAL CAR IN ACCORDANCE WITH THIS AGREEMENT, IT MAY RESULT IN A CRIMINAL PENALTY OF UP TO THREE YEARS IN JAIL.
XI. CHARGES FOR USING THE CAR
a) You and any person, corporation, university or other entity to whom, with Hertz On Demand's consent, you expressly direct the charges in any way incurred under this Agreement to be billed are jointly and severally responsible for payment of all charges and agree to pay all charges and fees set forth herein for your reservation and use of a Car. Charges not known to Hertz On Demand at the completion of a rental are payable by you, or by the person, corporation, university or other entity to whom such charges are to be billed, immediately upon receipt of an invoice therefore or by billing to the credit card, debit card, or Business Account MOP provided to Hertz On Demand.
b) The applicable fees and the amount of such fees may change from time-to-time. The fees that will apply to your reservation and use of a Car are those set forth on Hertz On Demand's website at the time that you make your reservation:
1) HOURLY/DAILY/ONE-WAY RENTAL FEE: When you use the Car, you will be charged the hourly, daily, weekly, or one-way rate quoted to you at the time that you made the reservation. The daily rate is based on a 24-hour period that begins to run at the start of your reservation.
(i) To the extent that you apply for and are accepted into a Hertz On Demand membership tier that includes a specified driving credit per month, you will not be charged the hourly/daily/weekly fee or a one-way rental charge until the charges incurred in a month exceed the specified credit for your membership tier. Any driving credit per month that is not used in a month will NOT roll-over to the next month.
(ii) An increased hourly, daily, weekly or one-way rate may be charged to you if you are 18-20 years old. At the time that you make your reservation, you will be presented with the applicable rate, and/or applicable one-way rental charge.
(iii) You will be charged the hourly, daily or weekly rate, and/or the one-way rental charge, as applicable, for the Car for the entire period of your reservation, regardless of whether you return the Car early.
2) MILEAGE FEE: Unless indicated otherwise at the time of reservation (e.g., van and truck rentals from Lowe's locations), a rental includes 180 miles per twenty-four (24) hour period. If mileage is not included in your rental or for every mile in excess of 180 miles that you drive during the first twenty-four (24) hours of a rental and each successive twenty-four (24) hour period, if any, you will be charged a mileage fee, the amount of which is posted on the Hertz On Demand website.
3) FUEL: Fuel is included in the rate, but you must make sure that there is at least a quarter tank of fuel (half a tank for rentals in Miami-Dade County) remaining in the Car for the next member as set forth in Part X.e, above. You will be assessed a fueling fee if you fail to return the Car with the required amount of fuel.
4) TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIRPORT AND/OR HOTEL RELATED FEES AND FEE RECOVERIES, CONGESTION CHARGES OR FEES, AND GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES may be charged to you or recovered from you as and where required or permitted by law.
5) FINES: You will be responsible for and pay all parking, traffic and toll violation fines and penalties, all towing, storage and impoundment fees and all tickets charged to the Car, arising out of use, possession or operation of the Car by you or with your permission. You authorize Hertz to release your membership and charge or debit card information or Business Account MOP and information regarding your rentals to American Traffic Solutions, Inc. and PlatePass, LLC, for the exclusive purpose of processing and billing for fines, penalties and fees (and for PlatePass services, if utilized, as discussed below). You also agree to indemnify Hertz and/or American Traffic Solutions, Inc. and PlatePass, LLC, if they pay same. You agree to pay, upon billing, an administrative fee related to the cost of collection or cost of providing information about you to a court or governmental agency for each parking, toll or other citation incurred during the term of your reservation of a Car. You further understand that Hertz, American Traffic Solutions and/or PlatePass, LLC, may furnish information regarding you, including but not limited to your name, address and driver's license number to the governmental agency or court responsible for issuing or enforcing parking, toll or other citations that you incur.
6) RECOVERY EXPENSE consists of all costs of any kind, including, to the extent permitted by law, all attorneys' fees and court costs, incurred by Hertz in recovering the Car either under this Agreement, or if it is seized by governmental authorities as a result of its use by you, any Authorized Operator or any other person with your permission.
7) COLLECTION EXPENSE consists of all costs of any kind incurred by Hertz in collecting payment from you, including, to the extent permitted by law, all attorneys' fees and court costs.
8) LATE PAYMENT FEES may be applied to any balance due that is not paid within thirty (30) days of Hertz providing an invoice for such balance to you.
9) FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys' fees and court costs assessed against or paid by Hertz resulting from the use of the Car by you, any Authorized Operator or any other person with your permission, to the extent permitted by law.
10) CHARGES FOR ADDITIONAL SERVICES, if applicable and made available, will be charged at the rates disclosed to you at the time that you make your reservation.
11) TOLLS AND PLATEPASS:
(i) You are responsible to pay all tolls either at the time the toll is incurred or as set forth below.
(ii) Hertz On Demand offers PlatePass for your convenience. You may use PlatePass to pay tolls electronically as explained below. If you do so, you will incur charges and be billed as set forth below.
(iii) In the following areas all Cars (even without a windshield toll transponder) may use any cashless electronic toll lane: The entire States of FLORIDA, COLORADO, and TEXAS, the SAN FRANCISCO BAY AREA BRIDGES, and in Seattle the TACOMA NARROWS BRIDGE and the SR 520 BRIDGE. To Use PlatePass in these areas, pass through a cashless toll lane. You will be billed automatically as outlined below. If you do not wish to use PlatePass in these areas, use only traditional cash toll lanes (if available) and make payment directly to the toll authority
(iv) IN DELAWARE, ILLINOIS, INDIANA, MAINE, MARYLAND, MASSACHUSETTS, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, OHIO, PENNSYLVANIA, VIRGINIA AND WEST VIRGINIA, only Cars equipped with a windshield toll transponder may access the cashless toll lanes. The transponder is contained within a shield box behind the rearview mirror. To use PlatePass in these states, slide the transponder out of the shield box and pass through a cashless toll lane. You will be billed automatically as outlined below. If you do not wish to use PlatePass in these states, keep the transponder fully within the shield box and use only traditional cash lanes (if available) to make payment directly to the toll authority.
(v) NOTE: Certain toll roads do not accept cash. If you travel on such a toll road without a personal transponder that can be used on the toll road, you will be required to use PlatePass and be billed automatically as outlined below, or incur toll violations for which you will be responsible.
(vi) CHARGES FOR USING PLATEPASS: If PlatePass is used, you will be charged a service fee of $4.95 for each day of your rental, including prior or subsequent days on which the PlatePass service is not used (capped at $24.75 per rental for rentals of a month or less) plus incurred tolls at the applicable Tolling Authority's highest undiscounted rate.
(vii) BILLING FOR PLATEPASS: The PlatePass service may be provided and administered by PlatePass LLC and/or American Traffic Solutions, and PlatePass LLC, American Traffic Solutions, or Hertz will separately charge your credit or debit card the applicable charges after the close of your rental. Charges typically take 1-3 weeks after the rental closes to appear on your statement, but a longer delay may occur. Cash customers will be invoiced.
(viii)You agree that Hertz may provide your charge or debit card information or Business Account MOP to American Traffic Solutions and/or PlatePass LLC for the exclusive purpose of processing and billing for all PlatePass related charges (and, if applicable, for the purposes set forth in Section XI.a)5), above.
c) You will continue to incur, and will be responsible for paying, all charges and fees until the Car is properly returned and the reservation properly ended or, if the Car has been stolen, until you report the theft both to the police in the jurisdiction in which the theft occurs and to Hertz.
XII. ADDITIONAL FEE POLICY
a) You acknowledge that Hertz On Demand is a club, which is dependent, in part, on members following the prescribed rules and that your failure to follow the rules adversely impacts both Hertz and the other members. These additional charges are set forth in Hertz On Demand's Additional Fee Policy, which is incorporated herein by reference and made a part of this Agreement. You and any person, corporation, university or other entity to whom, with Hertz On Demand's consent, you expressly direct the charges in any way incurred under this Agreement to be billed are jointly and severally responsible for payment of all applicable additional fees. The amount of these fees may change from time-to-time in accordance with Sections III.a) and VI.a). The applicable additional fees are those set forth on the Hertz On Demand website in the Additional Fee Policy at the time of your reservation. The fees set forth in Hertz On Demand's Additional Fee Policy are meant to enforce and encourage compliance with the rules set forth in this Agreement.
b) FUELING FEE: If you return the Car with less than a quarter tank of fuel you may be charged a fueling fee. In Miami-Dade County, you may be charged a fueling fee, and the cost of any fine imposed on Hertz, if you return the Car with less than a half tank of fuel.
c) VEHICLE CLEANING FEE: If you leave the Car in an unfit or unclean state, or you have smoked in the Car or have allowed non-service animals into the Car outside of their animal carriers, you may be charged a cleaning service fee plus the cost of cleaning.
d) IGNITION KEY AND FUEL CARD REPLACEMENT FEE: If you lose the keys or the fuel card, you may be charged a fee per loss. If you lose the keys to the Car, you may be charged for the cost of replacing the keys and for the cost of delivering replacement keys (if possible) or towing the Car to the nearest maintenance location.
e) PROCESSING FEE FOR TICKETS AND CITATIONS: You agree to pay, upon billing, an administrative fee related to the cost of collection or cost of providing information about you to a court or governmental agency for each parking, toll or other citation incurred during the term of your reservation of a Car. For rentals in Hawaii, the amount of the administrative fee which you will be charged if Hertz or American Traffic Solutions is required to pay for such an infraction is up to $29.00 per citation. To avoid this, you are encouraged to pay directly to the court, county government or other appropriate government agency the applicable fines, costs, monetary assessments, penalties, fees, surcharges, or other charges.
f) PHONE SERVICE FEE: You will be charged a Phone Service Fee for reservations made by phoning the Member Care Center.
XIII. INVOICING
a) You and any person, corporation, university or other entity to whom, with Hertz On Demand's consent, you expressly direct the billing of charges in any way incurred in connection with your reservation and use of a Car are jointly and severally responsible for payment of all charges.
b) When you join, you will provide us with either credit or debit card details, and (if eligible) a Business Account MOP. You authorize Hertz to reserve credit with, or obtain an authorization from, the card issuer within forty-eight (48) hours of the beginning of a reservation in an amount that is up to $140.00 greater than the estimated charges. Hertz will not be liable for overdraft charges, or for any other losses or liabilities which you may incur, in the event that you overdraw your account as a result of this authorization. If the authorization obtained exceeds the actual charges incurred in connection with the reservation, there may be a delay between the time that the charges are received by your card issuer and the time that the card issuer releases the excess. Hertz will process all actual charges and fees incurred at or following the completion of your rental, with the exception of charges for damage to or loss of the Car, which will be separately invoiced. When you give us your credit or debit card details or Business Account MOP, you agree to allow us to charge or debit your card or the Business Account MOP for all charges and fees that you have incurred, with the exception of charges for damage to or loss of the Car.
c) Hertz may audit all charges. If any errors are found, we will charge or debit your card or Business Account MOP for any underpayments and credit same for any overpayments. You authorize Hertz to correct the charges with the issuer of the credit or debit card, the details of which you provided to us at enrollment. We will notify you of any correction.
d) Hertz will charge you for all rental charges, and any additional charges that you incur, in the currency of the country in which you join Hertz On Demand.
XIV. LIABILITY PROTECTION
a) When reserving and using a Car in compliance with this Agreement, your rental will include Liability Protection at the level mandated by the automobile financial responsibility law of the jurisdiction in which the accident occurs and protection for damage to or loss of the Car for the full value of the Car (collectively, "Liability Protection"). These limits may not be adequate to cover fully your liability in the event that you are involved in an accident. The protection provided will conform to the basic requirements of any applicable mandatory "no fault" law, but does not include "uninsured motorist," "underinsured motorist," "supplementary no fault," or any other optional coverage. To the extent permitted by law, Hertz and you hereby waive and reject the inclusion of uninsured motorist, underinsured motorist, supplementary no fault, or any other optional coverage. If such protection is imposed by operation of law, then the limits of such protection will be the minimum required for primary liability protection by the law of the jurisdiction in which the accident occurs. The protection described in this Section XIV.a) is primary with respect to any insurance coverage that you or an Authorized Operator may have.
1) For rentals commencing in Pennsylvania, by entering into this Agreement, you make the following waiver: REJECTION OF UNINSURED MOTORIST PROTECTION. By entering into this Agreement I am rejecting uninsured motorist coverage under this Agreement, for myself and all relatives residing in my household. Uninsured coverage protects me and relatives living in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages. I knowingly and voluntarily reject this coverage.
b) The Liability Protection included has a $250 deductible for damage to a Car. This means that you are responsible for the first $250 of damages to the Car.
1) Your own motor vehicle insurance, if any, or your credit card agreement may cover any damage to or loss of a Car.
c) Within the limits stated in Section XIV.a), above, Hertz will indemnify, hold harmless, and defend you and any other Authorized Operators from and against liability to third parties for bodily injury (including death) and property damage if the accident results from the use of the Car as permitted by this Agreement. Third parties, by definition, do not include any of your or any Authorized Operator's family members related by blood, marriage or adoption residing with you or them.
d) If the total amount of the injuries and/or property damage exceeds the coverage limits provided, you will be responsible for this excess. You and any other individual who operates a Car during your rental will indemnify and hold Hertz, its agents, employees, and affiliates harmless from and against any and all loss, liability, claim, demand, cause of action, attorneys' fees and expense of any kind (a "Loss") in excess of the limits stated in section XIV.a), above, or beyond the scope of the protection provided for in section XIV.a), above, arising from the use or possession of the Car by you, any Authorized Operator or any other operators with your permission, including but not limited to attorneys' fees incurred by Hertz to enforce any of its rights under this Agreement, unless such Loss arises out of Hertz's sole negligence.
e) As set forth in Section VIII, above, you agree to cooperate fully with Hertz's investigation of any accident or occurrence involving a Car.
f) Insurance covering any theft or loss of personal belongings or personal accident insurance is not included. You agree that Hertz is not responsible to you, any Authorized Operators or anyone else for any loss of or damage to your or their personal property caused by your or their acts or omissions, those of any third party or, to the extent permitted by law, Hertz's negligence. This includes without limitation loss of or damage to personal property transported in a Car rented from a Lowe's location. You and any Authorized Operators hereby waive any claim against Hertz, its agents, employees or affiliates, for loss of or damage to your or anyone else's personal property, which includes, without limitation, property left in any Car or brought on Hertz's premises, caused by your or any Authorized Operators', by any third party's or, to the extent permitted by law, by Hertz's negligence whether in whole or in part. You and any Authorized Operators agree to indemnify and hold Hertz harmless from any claim against Hertz for loss of or damage to personal property that is connected with any reservation or use of a Car under this Agreement.
g) If you use the Car in a manner prohibited by this Agreement, including but not limited to the use of a Car by anyone other than an Authorized Operator while you are in the Car, subject to Section VIII.c), above, or failed to report damage or loss as required by this Agreement, you void the applicable Liability Protection and will be liable for any and all damage to the Car and liability to a third party or for your own injuries to the extent permitted by law.
h) It is important that you notify us immediately of any change in your license status, of any moving violations that you incur, or if you have any points added to your license by contacting the Member Care Center at 877-654-4400, as this may mean that you are no longer eligible for Hertz On Demand membership, in violation of the Agreement, and that your use of a Car in the United States is no longer protected by Liability Protection.
XV. YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR
a) So long as you have complied with this Agreement, your maximum responsibility for loss of or damage to a Car rented in the United States will be $250. If you have failed to comply with this Agreement, you will be responsible for all damages to or for loss of the Car and its use and for administrative charges to the fullest extent permitted by law.
b) You are responsible for damage to or loss of the Car while it is in your possession or someone else's possession with your permission resulting from any cause, including but not limited to collision, rollover, theft, vandalism, seizure, fire, flood, hail or other acts of nature or God, regardless of fault.
1) Your responsibility will not exceed the lesser of (1) the actual and reasonable costs incurred (or that would have been incurred) by Hertz to repair the car, which include any discounts, price reductions or adjustments available to Hertz; or (2) the fair market value of the Car at the time that the Car is lost or damaged, less any net disposal proceeds. If you are not in breach of this Agreement at the time that the Car is damaged or lost and the lesser of (1) or (2) exceeds $250, your responsibility will be $250.
(i) "Actual and reasonable costs" means the repair price reduced by all discounts paid by Hertz to the repairer of the Car, including costs to retrieve a car and for towing, storage, and impound fees.
c) You are also responsible for the $250 deductible when acting in compliance with this Agreement for mechanical or other damage in instances where abuse or neglect by you is shown or if it is established that you or an Authorized Operator failed to exercise reasonable care.
d) You are responsible for the full value of the Car if it is established that you or an Authorized Operator committed, or aided or abetted in the commission of, the theft of the Car.
1) For rentals commencing in Illinois, your responsibility for loss or damage due to causes other than theft will not exceed $14,000 through May 31, 2010, which limit shall increase by $500 per year starting June 1, 2010; and your responsibility for theft will not exceed $2,000 unless it is established that you or an Authorized Operator failed to exercise ordinary care while in possession of the Car or committed or aided and abetted in the commission of the theft.
e) For rentals commencing in New York, if the Car is returned with damage, then, within seventy-two (72) hours after the Car is returned, you, any Authorized Operator or your or an Authorized Operator's insurer must notify Hertz that an inspection of the damaged Car is requested, or the right to inspect the damaged Car will be waived. This inspection must be completed within seven (7) days of the return date of the Car. However, if Hertz determines the Car to be a total loss and subject to salvage, the seventy-two (72) hour period shall become ten (10) business days from receipt by you of a notice of your obligation (or that of the Authorized Operator) to execute and return to Hertz a complete and accurate incident report describing any physical and/or mechanical damage to the Car.
f) To the extent any damage or loss to the Car is not covered by the included Liability Protection, you grant Hertz a limited power of attorney to present claims for damage to or loss of the Car to your insurance carrier. If such coverage exists under your automobile insurance policy, you may require that Hertz submit any claims to your insurance carrier as your agent.
XVI. TERMINATION AND SUSPENSION OF YOUR MEMBERSHIP
a) You may terminate your membership with Hertz On Demand at any time by contacting the Member Care Center at 877-654-4400 and returning your Card or Key Fob to us. You will be responsible for any and all charges accrued by you up to and including the date of termination of your membership.
b) We may suspend or terminate your membership:
1) If you do not pay charges at the time such charges are due to be paid;
2) If you no longer meet Hertz On Demand's membership requirements;
3) If, in Hertz's sole discretion, we determine that you have failed to comply with the terms and conditions of this Agreement; or
4) If, in Hertz's sole discretion, we determine that you have abused your membership in a way that detrimentally affects other Hertz On Demand members (including, without limitation, regularly returning Cars late or in an unclean condition).
XVII. NO WAIVER
a) No term contained in this Agreement may be changed or waived, except in a writing signed by an expressly authorized representative of Hertz.
b) No waiver of default by either party under any of the terms or conditions of this Agreement shall be construed as a waiver of any subsequent default of any of the terms or conditions of this Agreement.
XVIII. SEVERABILITY AND INTEGRATED AGREEMENT
a) If any provision of this Agreement conflicts with any applicable law or regulation in any jurisdiction, then that provision shall be deemed to be modified as to that jurisdiction (but, to the extent permitted by law, not elsewhere) to be consistent with such law or regulation, or to be deleted if modification is impossible, and shall not affect the remainder of this Agreement, which shall continue in full force and effect. If any provision of this Agreement is held to be so broad as to be unenforceable in any jurisdiction, then that provision shall be interpreted to be only as broad as is necessary for it to be enforceable as to such jurisdiction (but, to the extent permitted by law, not elsewhere).
b) This Agreement, along with any amendments hereto, encompasses the entire agreement between you and Hertz, and supersedes all previous understandings and agreements between you and Hertz. You and Hertz acknowledge and represent that you and Hertz, respectively, have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement.
XIX. USE OF PERSONALLY IDENTIFIABLE DATA
a) You acknowledge that Hertz has established a Privacy Policy (the "Privacy Policy") regarding the use of personally identifiable data about individuals who are members or prospective members of Hertz On Demand, and that the Privacy Policy is available on the Hertz On Demand website
XX. LIMITS ON LIABILITY AND NO THIRD PARTY BENEFICIARIES
a) HERTZ WILL NOT BE LIABLE TO YOU, ANY AUTHORIZED OPERATORS, OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING IN ANY WAY OUT OF ANY MATTER COVERED BY THIS AGREEMENT.
b) This Agreement is intended for the benefit of you and Hertz and no other party may claim rights hereunder, whether as a third party beneficiary or otherwise.
XXI. HERTZ ON DEMAND CONTACT INFORMATION
a) Postal mail:
Hertz On Demand Member Care Center
P.O. Box 26120
Oklahoma City, OK 73126
b) E-mail: MemberCare@hertz.com
c) Toll-free telephone: 877-654-4400.
