1. Scope; Services Provided by National; Data Protection
1.1 The Site is a service provided free of charge by Enterprise Rent-A-Car UK Limited for the benefit of its affiliates and their licensees/franchisees operating the National Car Rental system (hereinafter referred to as National). 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 9JZ. Our VAT number is GB 215557314. You may contact us by mail, email at email@example.com, or phone (0800 111 4312).
1.2 The services provided by National 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 France 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 or its affiliates outside of France.
1.3 National plans to maintain the Site permanently. Nevertheless, users cannot derive from this an entitlement to future use of the Site. Should National plan to close the Site, National will inform the user in advance by displaying relevant information on the Site.
1.4 National reserves the right to change, expand, or reduce the content, structure and design of the Site.
1.5 National in no way guarantees the availability of the Site, neither temporally nor geographically. National 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.
- 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 between National and the users 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 Site.
2.2 The Site may provide the user with two reservation service options: 1) prepaid booking, where available: 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.
- 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 Emerald Club, the user must register, providing accurate personal and company data, and accept the Emerald Club Terms and Conditions.
4.1 The Site 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 or via the mobile app.
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 Site or other users' computer systems;
- c) circumvent or render ineffectual any functions (e.g. search forms) of the Site or in any other way interfere with the National Site;
- d) take measures that could result in overloading of the National Site’s 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.
- 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.
- National 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 by Vanguard Trademark Holdings USA, LLC (“Vanguard”), an affiliate of National.
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 prior written consent from National, 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 Vanguard 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 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 National.
5.6 National or its affiliated company 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
- National Liability
6.1 The Site 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.
6.8 Some jurisdictions do not allow the exclusion or limitation of damages in contracts with consumers, so the above limitations only apply to the extent of what is permitted under your applicable local law.
- Severability/Waive Clause
- Place of Jurisdiction; Applicable Law
8.1 The place of jurisdiction for any litigation between National and users who are incorporated merchants is Paris. National also has the option of suing in the user's general place of jurisdiction.
8.4 For information regarding the European Commission's online dispute resolution platform, please see http://ec.europa.eu/consumers/odr/