Terms of Use

Modified: June, 2016

Introduction

Enterprise Rent-A-Car UK Limited provides this website or app (Site) for the benefit of its affiliates and their licensees/franchisees operating the National Car Rental system (“National” or “We”).   Enterprise Rent-A-Car UK Limited is a limited liability company incorporated in England with company number 2946689 . Our registered address is at Enterprise House, Vicarage Road, Egham, Surrey TW20 9FB.  Our VAT number is GB 641634450. .  You may contact us by mail, email at nicadmin@enterprise.com, or phone 0800 121 8303.

This Site is provided for your use, subject to these Terms of Use and all applicable laws and regulations.    Please read these Terms of Use carefully. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use. If you do not agree to them, please do not visit or use the Site. National reserves the right to revise these Terms of Use, so please check back periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Updates will be evidenced by a more recent Last Updated date at the top of this page.

Use of the Site

National maintains the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of National. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others’ use of the Site; (3) impair the Site’s operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with National’s intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.

Site Modifications

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

Privacy Policy

National takes your privacy seriously. Any information submitted on or collected through the Site is subject to our Privacy Policy, which is available on the website and app.

Links to other sites

The Site may include links to third-party websites. National does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.

Reservations and Transactions

All reservations requests made through the Site are subject to National’s acceptance, which is in our sole discretion.  Unless you select a prepayment option, either you or National may cancel any reservation, whether or not the reservation has been confirmed, for any or no reason, in your or our sole discretion, and without liability to the other.    Rental contracts between National and Site users are exclusively entered into at branch locations of National or its affiliates and their respective franchisees and are not entered into through this Site.

Electronic Communications

You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Intellectual Property

All copyrightable text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site and all intellectual property right to these (e.g. trademark and copyrights, database rights) are owned by Vanguard Trademark Holdings USA, LLC (“Vanguard”), an affiliate of National. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to Vanguard Intellectual Property Manager, Copyright Reprint Permission, 600 Corporate Park Drive, St. Louis, Missouri 63105 or nicadmin@enterprise.com. National does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.

Claims of Copyright Infringement

If you believe that materials posted on the Site violate your intellectual property rights, please contact Vanguard at Intellectual Property Manager, Intellectual Property Questions, 600 Corporate Park Drive, St. Louis, Missouri 63105 or nicadmin@enterprise.com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.

Intellectual Property

National, National Car Rental, the flag design, Emerald Club, and Drive Alliance  are included in the family of trademarks and service marks owned by Vanguard and its licensors (this is not an all-inclusive list of Vanguard’s trademarks and service marks). Trademarks and service marks designated with the “®” symbol are registered with the U.S. Patent and Trademark Office and with numerous foreign countries. Other trademarks and service marks belonging to Vanguard may be designated with the “SM” or “TM” symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Vanguard that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by National.

National or its affiliated companies have received patents and have a number of pending patent applications, both US and foreign, covering various aspects of this Site, and users are cautioned from copying, adopting, using or otherwise borrowing any techniques, menu operations, or other functional aspects or features as doing so may well result in liability for patent infringement.

Use of Information Submitted

You agree that National is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.

No Warranty

While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.

Limitation of Liability

IN NO EVENT ARE NATIONAL, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.  

Nothing in these Terms of Use excludes or limits your legal rights. In particular nothing in these Terms of Use excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for breach of any implied warranties that cannot be excluded by law.

Indemnity

You agree to indemnify and hold National and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.

Disputes

These Terms and Conditions are governed by and construed in accordance with the laws of England.  Any action to enforce these Terms of Use may be brought in your jurisdiction or in other courts which have jurisdiction to hear such disputes.  Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site must be resolved individuallyl.  Any claim or cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary.  The European Commission’s online dispute resolution platform can be accessed here: http://ec.europa.eu/consumers/odr/.  National does not participate in the alternative dispute resolution procedure.  

General

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision must be construed consistent with applicable law, and the remaining provisions will be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use does not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and National in connection with your use of the Site.

Contact Us

If you have any questions about these Terms of Use, please contact us at nicadmin@erac.com.

Last Updated: July 2017

Contact Us

If you have any questions about these Terms of Use, please contact us at netadmin@nationalcar.com

Please read these Terms of Use carefully which apply to your use of the website www.nationalcar.de 

1. Scope; Services Provided by National; Data Protection

1.1. The website www.nationalcar.de is offered free of charge by Enterprise Rent-A-Car UK Limited (“National”) for the benefit of its affiliates and their licensees/franchisees operating the National Car Rental System throughout the world. Rental services in Germany are provided by the German affiliate, Enterprise Autovermietung Deutschland B.V. & Co KG.

1.2. The services provided by National on www.nationalcar.de are, among others:

 a) Providing the usability options of the website as per these Terms of Use;

 b) Providing information about available vehicles, pick-up locations, rental tariffs and current special offers for car rental in Germany and abroad;

 c) Allowing customers to complete reservation requests for the rental of vehicles;

 d) Allowing customers to complete prepaid bookings; and

 e) Providing information about careers with National in Germany and with its affiliates outside of Germany. 

1.3. National plans to maintain the website permanently. Nevertheless, users cannot derive from this an entitlement to future use of the website. Should National plan to close the website, National will inform the user in advance by displaying relevant information on the website. 

1.4. National reserves the right to change, expand, or reduce the content, structure and design of the website. 

1.5. National in no way guarantees the availability of the website, neither temporally nor geographically. National may temporarily reduce the usability of the website, individual functions and the availability of the information if there are sufficient legal or technical reasons for this measure. Technical reasons in particular include, among others, maintenance work, updates to the underlying software, and maintaining the security or integrity of the website. 

1.6. The gathering and use of personal data in conjunction with the use of the website is described in the Privacy Policy (http:// http://www.nationalcar.de/Content/631/de/Privacy-Policy/privacy) which is available on the website. 

2. Reservation Requests

2.1. www.nationalcar.de is purely an information and reservation service. It does not provide the opportunity to enter into rental contracts. Rental contracts are exclusively entered into at branch locations of National and its affiliates and their respective franchisees. Addresses and contact details for branches are available on this website. 

2.2. www.nationalcar.de provides the user with two reservation service options: 1) prepaid booking: a binding reservation subject to the Pay Now Terms and Conditions; or 2) non-binding reservation requests. Except in case of a prepaid booking, either party may cancel any reservation requests, whether or not the reservation request has been confirmed, for any or no reason, in its sole discretion, and without liability to the other party.  

3. User Account

3.1. The user does not need to register in order to make use of the website, the available information, and reservation requests or prepaid bookings. 

4. User's Obligations and Consequences of Terms of Use Violations

4.1. The website and the underlying database may only be used in the manner intended by National. In particular, the information may only be viewed via National's websites using an Internet browser. 

4.2. It is not permitted to

 a) send or make accessible any viruses or other malicious software;

 b) take measures that could negatively impact or damage the process or functionality of the National website or other users' computer systems;

 c) circumvent or render ineffectual any functions (e.g. search forms) of the website or in any other way interfere with the National website;

 d) take measures that could result in overloading of the National websites' infrastructure;

 e) block, overwrite or modify content generated by National;

 f) use automatic functions (e.g. algorithms, machines) to search for vehicles or acquire vehicle rental quotes;

 g) gather or acquire by any other means, and store, information on other users without their consent, especially e-mail addresses; and

 h) gain unauthorized access to the networks. 

4.3. If there is a reasonable suspicion of violations against the Terms of Use, against the law, or against the rights of third parties, National reserves the right to

• issue a formal warning to the user;

• temporarily limit or block the user's access to the website;

• permanently block and delete the user's access. 

5. National Intellectual Property

5.1. The content, structure and layout of this website, the program code, and all intellectual property rights to these (e.g. trademark and copyrights, database rights) are owned by Vanguard Trademark Holdings USA, LLC (“Vanguard”), an affiliate of National. 

5.2. Individual contents of the website, in particular rental car offers and reservation requests, may only be downloaded, printed or copied for the user's own non-commercial use. 

5.3. Any use beyond this, especially editing, copying, disseminating or other public disclosure is not permitted without prior written consent from Vanguard, to be obtained from nicadmin@enterprise.com. 

5.4. If you in believe that materials posted on the Site violate your intellectual property rights, please contact  Vanguard at Intellectual Property Manager, Intellectual Property Questions, 600 Corporate Park Drive, St. Louis, Missouri 63105 or nicadmin@enterprise.com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf. 

5.5.  National, National Car Rental, the flag design, Emerald Club, and Drive Alliance are included in the family of trademarks and service marks owned by Vanguard  and its licensors (this is not an all-inclusive list of  Vanguard’s trademarks and service marks). Trademarks and service marks designated with the “®” symbol are registered with the U.S. Patent and Trademark Office and with numerous foreign countries. Other trademarks and service marks belonging to Vanguard may be designated with the “SM” or “TM” symbols. Vanguard trademarks and service marks may not be used in connection with any product or service without Vanguard’s prior written permission. All other brands, trademarks and names not owned by  Vanguard that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by  Vanguard. 

5.6.  National or its affiliated companies have a number of pending patent applications, both US and foreign, covering various aspects of this Site, and users are cautioned from copying, adopting, using or otherwise borrowing any techniques, menu operations, or other functional aspects or features as doing so may well result in liability for patent. 

6.  Limitation of Liability 

6.1. www.nationalcar.de provides links to websites of companies affiliated with National and other third parties. National does not assume liability for the information provided under those links or for the nature, safety, or legality of the services provided there. 

6.2. National does not assume liability for any advertisements and information provided by National partners and third parties. 

6.3. National is liable for deliberate and grossly negligent acts. 

6.4. National is liable for acts of simple negligence only in cases of harm to life, limb, or health, or in case of violations of material contractual obligations. In cases of violation of material contractual obligations, National's liability is limited to the anticipated damage typical for such contracts. A material contractual obligation is an obligation the fulfilment of which is a prerequisite for the achievement of the purpose intended by entering into the contract, and the fulfilment of which the user can regularly expect. 

6.5. National is not liable in cases of Force Majeure, especially not for non-fault disruptions within the cable network. 

6.6. National is only liable for the loss of data inasmuch as prescribed by the above sections 6.3. and 6.4. if the loss of data could not have been avoided by appropriate security measures on the user's part. 

6.7. The above limitations of liability also apply accordingly for National's legal representatives and agents. 

7.  Severability/Waive Clause 

7.1. Should individual provisions of these Terms of Use be invalid or become invalid, this shall not affect the validity of the remaining provisions. National’s failure to enforce any provision of this Terms of Use does not constitute a waiver of that or any other provision. 

8.  Place of Jurisdiction; Applicable Law 

8.1. The place of jurisdiction for any litigation between National and users who are incorporated merchants is Frankfurt am Main. National also has the option of suing in the user's general place of jurisdiction. 

8.2. The law of the Federal Republic of Germany applies, excluding UN Convention on the International Sale of Goods. 

8.3. If you have any questions about these Terms of Use, please contact us at nicadmin@enterprise.com. 

8.4  The European Commission’s online dispute resolution platform can be accessed here: http://ec.europa.eu/consumers/odr/.  National does not participate in the alternative dispute resolution procedure.