Terms and Conditions

The terms and conditions that appear below are called the "Reservation Terms". The Reservation Terms are the terms and conditions which govern (a) reservations for Hertz rental cars, and (b) rentals of vehicles using such reservations. These Reservation Terms apply in combination with any Gold, Platinum, or other Hertz Membership Terms, including Member Rental Terms, as well as the Rental Agreement provided in either paper or email form at the time of rent. You may obtain a copy of the Reservation Terms by going to Hertz.com. A copy will also be emailed to you at the email address provided to Hertz in the process of reserving your rental car.

1. ECONSENT

As of the date you are reading this paragraph, you represent to Hertz that your hardware and software meet the requirements for access to, receiving of, and retention of the electronic records and email. By clicking on the ’I accept’ or similar button below these scrolling terms, you agree to both the Reservation Terms and electronic contracting/signature.

2. ARBITRATION AND CLASS ACTION WAIVER

This Section 2 contains an arbitration clause and class action waiver. Please read this section and the rest of the agreement carefully. By agreeing to THESE TERMS, you and HERTZ agree TO resolve all disputes BETWEEN US through binding individual arbitration with limited exceptions. NEITHER PARTY WILL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. You have the right to opt-out of the arbitration clause and the class action waiver as explained in this Section 2.

A. THIS AGREEMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS. YOU AND HERTZ ARE WAIVING THE RIGHT TO SUE IN COURT, HAVE A TRIAL BY JURY, OR PROCEED ON A CLASS ACTION, REPRESENTATIVE, OR COLLECTIVE BASIS. BY ENTERING INTO THIS AGREEMENT, YOU AND HERTZ AGREE TO THIS ARBITRATION PROVISION. 

B. Pre-Arbitration Informal Dispute Resolution. You and Hertz agree that in the event of any dispute between You and Hertz, we will first meet to confer telephonically or via videoconference in a good faith effort to resolve informally any dispute prior to any formal proceeding, including an arbitration proceeding. A party initiating a dispute will first send a Notice of Dispute to the other party with its intent to initiate a conference. These conferences shall occur within 30 days of receipt of the Notice of Dispute. Legal counsel for the party who initiated the dispute may represent the party at the conference, but the party must also attend the conference. If the dispute remains unresolved within 60 days of Notice, either party may initiate formal proceedings. Both you and Hertz agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

C. Arbitration Provision. You and Hertz agree to resolve all disputes arising between us through final and binding arbitration except for disputes (1) within the jurisdiction of a small claims court, (2) disputes where the sole form of relief is injunctive relief, and (3) disputes relating to the enforcement or validity of intellectual property rights. Disputes must be brought on an individual basis; class arbitrations and class actions are not allowed. You and we each waive the right to a trial by jury. 

D. The Federal Arbitration Act (“FAA”) governs the enforcement and interpretation of the arbitration provisions. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

E. Opt-Out. YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT BY NOTIFYING US WITHIN 30 DAYS AFTER YOU FIRST ACCEPT THE TERMS OR FOR EXISTING LOYALTY MEMBERS, WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE UPDATED TERMS. To opt out, please email us at no.arbitration@hertz.com or mail to The Hertz Corporation, 8501 Williams Road, Estero, FL 33928, Attn: Legal Department. Include Your name, address, phone number, email address, rental agreement number (if applicable), 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.

F. Authority of Arbitrator and Procedure. The arbitrator shall have the exclusive authority to decide disputes regarding his or her own jurisdiction, and any objections with respect to the existence, enforceability, scope, or validity of this arbitration provision. Only a court of competent jurisdiction, not an arbitrator, shall have the authority to decide (1) all disputes arising out of or relating to Section 2.H, including any claim that all or part of Section 2.H is unenforceable, illegal, void or voidable, or that Section 2.H has been breached; (2) except as expressly contemplated in Section 2.H, all disputes about the payment of arbitration fees; (3) all disputes about whether either party has satisfied any condition precedent to arbitration; and (4) all disputes about which version of the Arbitration Agreement applies.

G. AAA Rules Govern Disputes.  The American Arbitration Association (“AAA”) will administer any arbitration pursuant to its Consumer Arbitration Rules (the “Rules”), including any Supplementary Procedures available for Consumer-Related disputes at the time. You can obtain the Rules at www.adr.org. To the extent that there is any difference between this agreement and the AAA Rules, this agreement controls the parties’ dispute.  You or we may commence an arbitration by providing a written demand for arbitration to the other (to Hertz – The Hertz Corporation, 8501 Williams Road, Estero, FL 33928, Attn: Arbitration) and two (2) copies of the demand to AAA. The arbitration will take place in the county of your billing address unless otherwise agreed. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 2.H. The arbitrator shall have the authority to grant motions dispositive of all or part of any dispute. The arbitrator may award injunctive relief as well as monetary relief.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. An arbitration award and any judgment applies only to the specific parties in that case and cannot be used in any other case except to enforce the award itself.  Judgment on the arbitration award may be entered in any court having jurisdiction.

H. Coordinated or Mass Arbitrations. If you file a claim in arbitration that is similar to those of at least 25 other claimants (i.e., the claims are based upon the same or similar facts, events, or legal claims), and if you and those other claimants are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be considered “Related Cases.” For Related Cases, the AAA shall (1) administer the arbitration demands in batches of 100 Arbitration Notices per batch (plus, to the extent there are less than 100 Arbitration Notices left over after the batching described above, a final batch consisting of the remaining Arbitration Notices), or in a single batch if there are fewer than 100 Arbitration Notices in total; (2) appoint one arbitrator for each batch; (3) administer the batches concurrently; and (4) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award. Arbitration awards in one batch of arbitration demands shall have no precedential effect on other related administered batches.   

I. CLASS ACTION WAIVER. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and Hertz each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and Hertz AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and Hertz EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM.

J. Severability. Except with respect to Sections 2.H or 2.I, if any part of the arbitration provision is unenforceable, then the remaining provisions will continue to apply. If Sections 2.H or 2.I are limited, voided, or found unenforceable, then, unless the parties mutually agree otherwise, the parties’ agreement to arbitrate shall be null and void.

K. Venue and Choice of Law. If this arbitration provision is deemed not to apply by a court of competent jurisdiction, the parties irrevocably and unconditionally consent and submit to the laws of the State of Florida.  The parties further agree to the personal jurisdiction by and venue in the state and federal courts in Lee County, Florida, and waive any objection to such jurisdiction or venue. 

3. RESERVATIONS ON YOUR BEHALF
These Reservation Terms will apply to both individuals booking reservations on a renter’s behalf, whether by travel agents, assistants, or other individuals designated by the renter to complete a reservation on their behalf, as well as the renter themselves.

4. CARD USE
The credit, debit, or other acceptable payment card entered and used by you at the time of reservation (including those which may be on file for Gold or Platinum Members) may be required to be provided at the time of rent for verification purposes, but does not have to be used to pay for the rental charges. If a debit card or other payment card that is not a credit card is used to reserve your rental car, you may not be permitted to use the same card to qualify at the time of rental, as debit cards are not accepted to qualify for rental at all locations. Debit cards are accepted at all locations as a final form of payment when the car is returned. While a debit card may be used to reserve a rental car without a credit check being performed, if such card is acceptable for use at your rental location, and is offered by you for hold or payment purposes, a credit check may be performed.

5. CANCELLATION AND NO-SHOW CHARGES
In the event of a cancellation or no-show, the payment card provided during your reservation will be charged in the amount shown during the reservation booking process, according to the details provided. The cancellation or no-show amounts and details will also be provided in your confirmation email.

6. NO GUARANTEE OF VEHICLE AVAILABILITY
For non-prepaid reservations, Hertz makes no guarantee that a rental car in the car class reserved will be available at the time of rent. Hertz will make commercially reasonable efforts to provide for rent a car in the same designated class as that which was reserved. However, due to events beyond Hertz’s control, unpredicted runs on fleet, or the need to make commercial decisions to prioritize and place vehicles in other locations, cars similar to that which was reserved, or any car at all, may not be available. In the event that a car in the reserved car class is not available at the time of rent, Hertz will attempt to provide you with a vehicle from a ’higher’ vehicle car class from that which was reserved (not including special car classes, vehicles, or Dream Cars) for no extra charge. If no cars are available from higher car classes, Hertz will attempt to provide a reasonably similar car from a ’lower’ car class than that which was reserved; in such an event, your charges will be accordingly reduced (as applicable) from the estimated charges quoted at the time of reservation. If no rental car can be provided by Hertz within two hours of your reserved pick-up date and time, Hertz may provide you with a voucher, certificate, or other form of recompense, in an amount and form designated by Hertz. You may be required to contact Customer Service in order to receive such vouchers or other similar items.

7. ESTIMATED CHARGES
For Pay Later reservations, payment card required, or other non-prepaid reservations, the total charges incurred may be higher or lower than the estimated total charges presented at the time of reservation, depending on a number of factors, including but not limited to: dropping the car off at a different location, adding ancillary products, extending or reducing the rental timeframe, upgrading or downgrading car classes, utilizing frequent flyer points, and other circumstances.

8. LOSS DAMAGE WAIVER
Hertz offers Loss Damage Waiver (LDW) an optional service, which for an additional daily charge relieves you of all financial responsibility for the loss or damage to the rental car, whether or not you have insurance to cover such damage, provided the car is used in accordance with the terms of the Rental Agreement. The cost of LDW may vary depending on location or car type and is charged per each full or partial day of rental.

You are under no obligation to purchase LDW or any other optional service as a condition of rental. Your own personal insurance may provide protection for loss or damage to the rental vehicle depending on the state in which you live and the type of policy you have. Also, various credit card companies provide cardholders with some degree of damage protection providing you use their credit card for the rental and decline the optional LDW offered by Hertz at time of rental. The coverage and limits vary. Your policy or credit card coverage should be thoroughly checked for the specific terms and conditions associated with rental vehicles.

9. PRIVACY
You acknowledge that The Hertz Corporation has established a Privacy Policy for Rental Customers (the "Privacy Policy") with respect to the use of personally identifiable data about individuals who are customers or prospective customers of the rental businesses of The Hertz Corporation and its subsidiaries. A full copy of the Privacy Policy may be viewed on Hertz.com or by clicking on the following link: Privacy Policy. By providing Hertz with personally identifiable data about you, you consent to the collection and use of data about you, subject only to any choices you are permitted to make to limit such use, and to your right to access and correct such data; you acknowledge data security risks and agree to take precautions to assist Hertz in protecting such data; and you agree that Hertz may make changes in the Privacy Policy in the future.

10. CHOICE OF LAW
With regard to your Reservation and applicable Reservation Agreement (as opposed to any additional terms of rental entered into by you at the time of rent), the law of Florida, U.S.A. will apply, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction. If any provision of the Reservation Agreement governing any Reservation or rental 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 your Reservation or such agreement, which shall continue in full force and effect. If any provision of this Reservation 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).

11. General Terms:

A. Rates are for the time and location displayed above. Approximate rental charges are based on available information at the time of reservation for renters age 25 and older. For minimum age requirements please see "Rental Qualifications and Requirements" link below for details. Please note that for renters under age 25 an additional daily age differential charge may apply. Additional fees or surcharges may be applied at time of rental. Rates are for the time and location displayed above. Any change to the reservation may impact the rental charges. The rental rates may be higher if you make any change to your rental; including a change to extend the rental, the drop-off location or return the vehicle prior to the scheduled return date. Additional fees or surcharges may be applied at time of rental.

B. These Electric Vehicle Rental Terms (“Rental Terms”) are between The Hertz Corporation (“Hertz” or “us”) and You and apply to a rental of an electric vehicle (“EV”) from Hertz. An EV is defined as a vehicle that exclusively uses battery power rather than gasoline or diesel fuel. These Electric Vehicle Rental Terms are in addition to the Terms and Conditions of the Rental Agreement applicable to your rental.

C. EV CHARGE LEVEL AT PICK-UP AND RETURN – Hertz will endeavor to provide the EV at time of vehicle pick-up with a battery charge of 80%, but that is not always the case. You are responsible to maintain a sufficient charge on the EV during your rental. You are never required to return a vehicle with more than 75% battery charge. If the EV is overdue Hertz may remotely disable and recover the EV. You will be responsible for the cost of any tow if the EV is not drivable due to a low battery or if it is overdue. You are not authorized to call a private tow on Hertz’ behalf. All tows of the EV must be by flatbed and must be arranged through Hertz Emergency Roadside Assistance.

D. RANGE – Range is the estimated distance an EV can travel on a single charge. The EV information provided with your reservation that describes a range is not guaranteed. The battery life of the EV is impacted by a number of factors including weather, driving and road conditions. It is your responsibility to ensure the EV has sufficient remaining battery life to return the EV to Hertz or reach an EV charging station.

E. CHARGING DURING RENTAL – Subject to Tesla’s terms and conditions, Tesla EV’s are able to access Tesla Superchargers to recharge the EV. If You use a Tesla Supercharger to recharge the EV during your rental, that cost will be billed back to Hertz and added to your rental charges. These charges may not appear on the final invoice and may be added later due to processing time. Battery charging limit on an EV should be set at 80% maximum. You may recharge the EV at other public or private charging locations at your own cost.  You may also have to register and incur a fee at certain of these locations. You are responsible for any registration (including accepting terms and conditions and privacy policy) and any fees. If You do not move the EV promptly from the charging stall when it is finished charging You may incur an Idle fee for the time the EV remains in a charging stall after it is finished charging. You are responsible for and will indemnify Hertz for any Idle or similar fee incurred when the EV is on rent to You.  If the EV is overdue for return Hertz reserves the right to remotely disable and remove the EV from the charging platform.

F. DAMAGE TO CHARGING STATIONS – You are responsible for any damage to the EV, the charging station equipment or the charging location when charging the EV during your rental.  You will indemnify Hertz for any charges, fines, or penalties You incur for any damage or loss to the EV, the charging station or location during your rental. 

G. EQUIPMENT – The EV will be provided to You with certain equipment for which You are responsible. You are responsible to notify Hertz if any of the following equipment is not with the EV at the time of pick up. Otherwise, You will be charged for any missing equipment at return. Loss Damage Waiver (LDW) does not apply to damage or loss of the equipment provided with the EV. 

H. Key card or fob – You are responsible to return the Key card or Key fob upon your rental return. If the Key card or fob is damaged or lost, You will be charged to replace the Key Card or fob and a service fee. The Key card or Key fob must only be used to charge the EV You have rented. Sharing the Key card or Key fob, using additional Key cards or Key fobs to charge the EV, or charging other vehicles is prohibited. Any misuse of the Key card or Key fob in breach of these Rental Terms will result in additional usage charges. 

I. Tesla Charging Kit – The Tesla Charging Kit consists of 1 Mobile Connector; 1 Storage Bag; and 1 NEMA 5-15 Adapter. You are responsible to return all contents of the Charging Kit upon your rental return.  If the Charging Kit, or any part of the contents are damaged or lost, You will be charged for a complete Charging Kit, as these items are not available to be replaced individually, and a service fee.

J. J1772 Adapter – You are responsible to return the J1772 Adapter on your rental return. If this Adapter is damaged or lost, You will be charged to replace the Adapter and a service fee.

K. SOFTWARE UPDATES – The EV may contain onboard computers which periodically suggest software updates.

L. You are not authorized to update the in-vehicle software at any time unless specifically requested to do so by a Hertz representative.  If a software update prompt is received during your rental, please ignore this or press cancel.

M. If You do update the software (other than following the explicit instruction of a Hertz representative) this is at your own risk and Hertz accepts no responsibility or liability whatsoever including, but not limited to, any loss of use, interruption of service, incompatibility with training materials or otherwise.

N. DASH CAM AND PERSONAL DATA – The EV may be equipped with a Dash Cam which may record incidents involving the EV during your rental and may be used by Hertz. You are responsible at return to delete all personal data input by You or collected by the EV during your rental. Please note, the EV may still retain recordings if the EV is involved in an accident.

O. TOLLS, PLATEPASSYou are responsible for the payment of all toll charges incurred during the rental period. If PlatePass is not used to pay a toll, you will be charged an administrative fee , plus tolls incurred at the applicable tolling authorities’ highest undiscounted rate

P. RENTAL CHARGES EXPLAINED

For an explanation of charges from your rental, click here.

12. WHAT CREDIT CARDS DOES HERTZ ACCEPT?

Hertz accepts American Express, MasterCard, Carte Blanche, Visa, Diners Club, Discover, JCB, China Union Pay and some debit cards. We may place an authorized hold on your credit/debit card to cover the estimated rental charges plus up to USD 200.00 for credit cards and (effective April 1st) $500 for debit cards, for any additional charges that may be incurred. These funds will not be available for your use. A valid driver’s license and credit card must be presented. Debit cards issued under VISA, MasterCard and Discover logo which draw funds directly from the cardholder’s account may be used at the outset of a rental to qualify when the following requirements are met; Subject to a credit check, Vehicle class reserved in Compact through Fullsize ONLY, Hertz Airport locations, you will be required to provide proof of return airline flight to coincide with the rental and two valid forms of identification. Hertz Off Airport locations, if the renter is at least 25 years old, two valid forms of identification and one of the following: (a) provide a Corporate Discount Plan number or (b) proof of a return trip travel ticket to coincide with the rental (airline or cruise). There are policy exceptions: Debit Card can be used if it is already in your Hertz Gold Plus Rewards profile, regardless of vehicle type, or if the rental is a Replacement rental. Debit cards are not accepted on Premium vehicles and above including Dream Cars and Adrenaline Car rentals. Debit cards are accepted for payment at the end of your rental regardless of vehicle type rented. In most cases a credit check will be performed for debit card customers to determine credit worthiness at the time of rental. If Hertz cannot secure credit approval and/or proper identification credentials are not supplied, Hertz will decline your rental. If You use a Digital Wallet You represent that You are the legal owner of the account and other financial information which may be accessed via a Digital Wallet. You represent and agree that all information You provide in connection with the Digital Wallet is accurate, current and complete and that You have the right to provide such information to Hertz. You agree not to misrepresent your identity or your account information. You represent that You are the authorized user of the device You will use to access the Digital Wallet. A Digital Wallet is accepted at participating locations. The rental period may be limited when using a Digital Wallet.

*Cancellation or no-show reservation penalties may apply. See Point Cancellation Policy.

Points are not applicable to taxes and fees. Member is responsible for the cash portion of the rental.

A valid driver’s license and credit card from the renter must be presented at the time of rental to cover any charges which have not been included in the prepaid voucher.

For US and Canada rentals, Hertz may place an authorized amount of up to USD 200.00 for credit cards and (effective April 1st) $500 for debit cards, plus estimated charges on a customer’s card, given certain conditions that will be outlined at time of rental. Details can be found under ’Forms of Payment’

These funds will not be available for your use. Debit cards and Hertz Credit Card are not valid form of payment for prepaid rates.

At the time of rental, a current driver’s license and major credit card must be presented. At many locations, debit cards issued under a VISA or MasterCard logo which draw funds directly from the cardholder’s account may be used at the outset of a rental when qualifications are met.  Debit cards are not accepted at the outset of a rental to qualify for a rental at select locations in the Providence, RI area for customers with a foreign driver’s license (a driver’s license not issued by a jurisdiction in the United States) unless the customer has in his or her name a current return airline ticket. Debit cards are not accepted to qualify for rental to customers under 25 years of age at Hertz Off-Airport locations, unless you are a GPR member using a debit card in your GPR profile or it is an Insurance Replacement rental. Use of a debit card to rent a vehicle is subject to a credit check to determine credit worthiness at the time of rental, the ability to present a valid driver’s license and other form of identification in the renter’s name.  At the time of rental, an authorization hold in an amount that may be greater than the estimated charges may be secured on the credit/debit card provided, to cover the estimated charges and any additional charges that may be incurred. These funds will not be available for your use. The estimated amount is the approximate total not including your promotion.  If Hertz cannot secure credit approval for this amount and/or proper identification credentials are not supplied, Hertz will decline your rental.

A Frequent Flyer Surcharge of up to $1.50 per day may apply when renters choose to take miles or credits from a U.S. and Canadian Frequent Flyer program.

By completing a Reservation (clicking below), you agree that you have received, read, understand, accept and agree to the terms, conditions, disclosures and notices appearing in these Reservation Terms.  You also consent to the use of electronic records and validity of your electronic signature.