THE HERTZ CORPORATION WEBSITE (FIREFLY CAR RENTAL)
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” , "Firefly Car 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.
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.
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.
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, email@example.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:
|Any African country||England & Wales|
|Australia||State of Victoria|
|Brazil||State of Sao Paolo|
|Canada||Province of Ontario|
|Any European Union country||England & Wales|
|Korea||Republic of Korea|
|Any Middle East country||England & Wales|
|New Zealand||New Zealand|
|Norway||England & Wales|
|Switzerland||England & Wales|
If you are a citizen of any Asian country other than Japan or Korea, the laws of the State of New Jersey in the United States shall apply, without regard to New Jersey's conflict of law provisions.
Notwithstanding the foregoing, the law and forum governing any product or service that you purchase or otherwise obtain from us, our affiliates, licensees, or associates shall be as specified in the applicable contract with us pertaining to such product or service.
Other General Provisions. We reserve the right to immediately terminate your access to and use of this website or any portion thereof, or to eliminate any content, feature or service of this website, at any time and for any reason, with or without cause. Headings found in this Agreement are for reference only. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of this Agreement, which shall remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.
Legal Notice for Canadian Residents. This Agreement has been written in English, and you waive any right you may have under any laws to have this Agreement written in any other language. You represent that you have the ability to read and write in English and you have read and understood this Agreement. If this Agreement is translated into a language other than English, the English version and interpretation shall govern and prevail. All communications between the parties hereunder shall be in English. Il est de la volonte expresse des parties que le present contrat et tous les documents qui s'y rattachent soient rediges en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du francais.
Legal 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 in association with Thermeon. 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 Ginnheimer Straβe 4, 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), firstname.lastname@example.org, 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), email@example.com, 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), firstname.lastname@example.org, VAT Number B28121549; Trade registration number M-81.018
Site Operator Address:
The Hertz Corporation
225 Brae Blvd.
Park Ridge, NJ 07005