1. Scope; Services Provided by Us; Data Protection
1.1 The Site is offered free of charge by Enterprise Rent-A-Car UK Limited for the benefit of its affiliates and their licensees/franchisees operating the Enterprise Rent-A-Car, Alamo Rent A Car, and National Car Rental systems, as well as Enterprise Car Share throughout the world (“Us”, “Our” or “We”). Rental services in Germany are provided by the German affiliate, Enterprise Autovermietung Deutschland B.V. & Co. KG.
1.2 The services provided by Us on the Site are, among others:
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 Us in Germany and with its affiliates outside of Germany.
1.3 We plan to maintain the Site permanently. Nevertheless, users cannot derive from this an entitlement to future use of the Site. Should We plan to close the Ste, We will inform the user in advance by displaying relevant information on the Site.
1.4 We reserve the right to change, expand, or reduce the content, structure and design of the Site.
1.5 We in no way guarantee the availability of the Site, neither temporally nor geographically. We may temporarily reduce the usability of the Site, 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 Site.
2. Reservation Requests
2.1 The Site 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 Our branch locations and those of our affiliates and their respective franchisees. Addresses and contact details for branches are available on this Site.
2.2 The Site 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 Site, the available information, and reservation requests or prepaid bookings.
3.2 If a user desires to participate in the loyalty program Enterprise Plus, the user must register, providing accurate personal and company data, and accept the Enterprise Plus Terms and Conditions.
4.1 The Site and the underlying database may only be used in the manner intended by Us. In particular, the information may only be viewed via Our Sites 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 Our Site 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 Our Site;
d) take measures that could result in overloading of Our Sites' infrastructure;
e) block, overwrite or modify content generated by Us;
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.
- issue a formal warning to the user;
- temporarily limit or block the user's access to the Site;
- permanently block and delete the user's access.
5. Intellectual Property
5.1 The content, structure and layout of this Site, the program code, and all intellectual property rights to these (e.g. trademark and copyrights, database rights) are owned either by Enterprise Holdings, Inc. (“EHI”) or Vanguard Trademark Holdings, USA, LLC (“Vanguard”), both affiliates of Enterprise Rent-A-Car UK Limited, or Our licensors.
5.2 Individual contents of the Site, in particular rental car offers, reservation requests, and prepaid bookings, 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 Our prior written consent, to be obtained from firstname.lastname@example.org.
5.4 If you in believe that materials posted on the Site violate your intellectual property rights, please contact Us at Intellectual Property Manager, Intellectual Property Questions, 600 Corporate Park Drive, St. Louis, Missouri 63105 or email@example.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 ENTERPRISE, the “e” logo, WWW.ENTERPRISE.DE, WE’LL PICK YOU UP, ARMS, ECARS, MONTH OR MORE, CORPORATE CLASS, EVERYDAY SALE, “e” CAR SHARE, and ENTERPRISE CARSHARE are included in the family of trademarks and service marks owned by EHI (this is not an all-inclusive list of EHI’s trademarks and service marks). Alamo, Alamo Rent A Car, National, National Car Rental, “Drive Happy”, and the flag design are included in the family of trademarks and service marks owned by Vanguard (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 EHI or Vanguard may be designated with the “SM” or “TM” symbols. EHIE or Vanguard 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 EHI or 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 Us.
5.6 We and our 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 The Site provides links to websites of companies affiliated with Us and other third parties. We do not assume liability for the information provided under those links or for the nature, safety, or legality of the services provided there.
6.2 We do not assume liability for any advertisements and information provided by Our partners and third parties.
6.3 We are liable for deliberate and grossly negligent acts.
6.4 We are 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, Our 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 We are not liable in cases of Force Majeure, especially not for non-fault disruptions within the cable network.
6.6 We are 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 Our legal representatives and agents.
7. Severability/Waive Clause
8. Place of Jurisdiction; Applicable Law
8.1 The place of jurisdiction for any litigation between Us and users who are incorporated merchants is Frankfurt am Main. We also have the option of suing in the user's general place of jurisdiction.
8.4 The European Commission’s online dispute resolution platform can be accessed here: http://ec.europa.eu/consumers/odr/. We do not participate in the alternative dispute resolution procedure.