Last Revised On: November 03, 2014
Our Website ("Website") is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our", "Carrentals", "Carrentals.com", "Hotwire", and "Hotwire Inc." refer to Hotwire, Inc., a Delaware corporation, and its subsidiaries and corporate affiliates, including Travelscape, LLC, (collectively the "Carrentals.com Companies"). The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
As a condition of your use of this Website, you warrant that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act (a "Third Party");
- all information supplied by you on this Website is true, accurate, current and complete; and
- if you have a Carrentals.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
Carrentals is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator's fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to "Carrentals Legal: Arbitration Claim Manager," c/o Expedia, Inc., 333 108th Ave N.E. Bellevue, WA 98004. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this Agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel products or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
You may only use this Website to make legitimate requests to book the products or services offered (each, a "Request"), and shall not use this Website to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
If your booking or account shows signs of fraud, abuse or suspicious activity, Carrentals may cancel any travel or service reservations associated with your name, email address or account, and close any associated Carrentals accounts. If you have conducted any fraudulent activity, Carrentals reserves the right to take any necessary legal action and you may be liable for monetary losses to Carrentals, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Carrentals Customer Service.
Permission is granted to electronically copy and print in hard-copy portions of this Website for the sole purpose of using this Website as a shopping resource. Any other use of materials or Content on this Website, including reproduction for a purpose other than that noted above without Carrentals's prior written consent is prohibited. In particular, you agree not to use, reproduce, modify, adapt, translate, copy, distribute, transmit, publish, license, create derivative works from, publicly display, perform, transfer, or sell or re-sell any information, Software, products, or services obtained from this Website except as so expressly permitted by Carrentals.
All contents of this Website are: ©2014 Hotwire, Inc. All rights reserved. Hotwire, Inc. is not responsible for content on websites operated by parties other than Hotwire, Inc. Carrentals.com, Hotwire, Hotwire.com, the Carrentals.com logo, and the Hotwire.com logo are either registered trademarks or trademarks of Hotwire, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at email@example.com. We only address messages concerning brand infringement at this email address.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Hotwire, Inc. has adopted a policy of terminating, in appropriate circumstances and at Hotwire Inc.'s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Hotwire may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
You may send us your notice by email to firstname.lastname@example.org, by fax to (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints, or by using the contact information below.
If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
Sign the paper. Send the written communication to the following address:
Attn: IP/Trademark Legal Dept., DMCA Complaints
333 108th Avenue NE
Bellevue WA 98004
OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints
For any additional questions regarding the DMCA process for Hotwire, please contact us at (425) 679-3751.
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. The Customer does not have an automatic right of cancellation unless such rights are provided for in the Car Rental Company Rules and Restrictions or Rental Conditions. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability, minimum age requirements, and use of rental cars and/or other products or services. You acknowledge that some suppliers offering rental cars and/or other products or services may require you to adhere to local policies as a prerequisite to using and/or participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the rental cars and/or other product or services, in your forfeiting any monies paid for such reservation(s), and/or in our billing you for any costs we incur as a result of such violation.
Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Carrentals.com programs.
You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Site). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Hotwire may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
From time to time we may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws etc.) As it is important to us that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative.
Carrentals.com's policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found above in the Copyright Complaint Policy section of these Terms and Use.
Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Website are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through this Website; (iii) regarding the availability of products and/or services through this Website or, where applicable, at any participating retailer or retailer location; (iv) that use of this Website and all software, products or services associated with this Website will be error-free; (v) regarding the results that may be obtained from the use of this Website; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Website; or, (vii) regarding the performance or non-performance of this Website including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Website is at your sole risk.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Hotwire, Inc. and Carrentals.com Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, general product descriptions, etc.). In addition, Carrentals.com expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotwire, Inc., the Carrentals.com Affiliates and their respective suppliers make no guarantees about the availability ofspecific products and services. Hotwire, Inc., the Carrentals.com Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.
Hotwire, Inc., the Carrentals.com Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Hotwire, Inc. or the Carrentals.com Affiliates. All such information, software products, and services are provided "as is" without warranty of any kind. Hotwire, Inc., the Carrentals.com Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from Hotwire, Inc., the Carrentals.com Affiliates and/or their respective suppliers are free of viruses or other harmful components. Hotwire, Inc., the Carrentals.com Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The suppliers providing travel products or other services on this Website are independent contractors and not agents or employees of Hotwire, Inc. or the Carrentals.com Affiliates. Hotwire, Inc. and the Carrentals.com Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Hotwire, Inc. and the Carrentals.com Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Hotwire, Inc., the Carrentals.com Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Hotwire, Inc., the Carrentals.com Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, Hotwire, Inc. and the Carrentals.com Affiliates or their respective Suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Hotwire, Inc., theCarrentals.com Affiliates, or their respective Suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the fee or charge you paid to Carrentals.com in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00).
Some states-to the extent their law might be deemed to apply, notwithstanding the selection of Delaware law as described (below)-do not allow the limitation of liability, so the foregoing limitations might not apply to you.
You agree to defend and indemnify Hotwire, Inc., the Carrentals.com Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
This Website may contain hyperlinks to websites operated by parties other than Carrentals.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
User access to all or part of this Website may be terminated or suspended at any time, without notice and for any reason.
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Carrentals.com may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by Hotwire, Inc., Carrentals.com Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
One or more patents owned by Hotwire, Inc. may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.
You agree that no joint venture, partnership, or employment relationship exists between you and the Carrentals.com Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
None of Hotwire, Inc. or the Carrentals.com Affiliates is responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.
Hotwire is a Seller of Travel registered in each of the States listed below:
Registration as a Seller of Travel in California does not constitute the state's approval.
New York Tax Registration: New York sales taxes are due on Carrentals.com's services. Carrentals.com's New York sales tax vendor registration number is 742938016.
Attn: Customer Service
655 Montgomery Street
San Francisco, CA 94111