Last Revised On: February 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", "Hotwire Inc." refer to Hotwire, Inc., a Delaware corporation and its corporate affiliates, 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.
The Website is owned and operated by Carrentals.com, a division of Hotwire, Inc., a Delaware corporation, located at 655 Montgomery Street, Suite 600, San Francisco, CA 94111.
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 services 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:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
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.
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.
Hotwire is a Seller of Travel registered in each of the States listed below:
- California registration number: 2053390-50
- Florida registration number: ST35196
- Iowa registration number: 861
- Nevada registration number: 20030209
- Washington registration number: 602-218-781
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.
All contents of this Website are: © 2013 Hotwire, Inc. All rights reserved. Hotwire, Inc. is not responsible for content onwebsites operated by parties other than Hotwire, Inc., Carrentals.com, Hot Fare, Hot Rate, Hotwire, Hotwire.com, TripStarter, the Hotwire logo, the Airplace "Favicon" Design, 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 firstname.lastname@example.org.We only address messages concerning brand infringement at this email address.
Carrentals.com respects the copyrights of others. 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 isn't properly filled out or if the complaint is incomplete:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by email to email@example.com for the fastest resolution.
You may also send us your notice using the contact information below:
Attn: IP/Trademark Legal Dept., DMCA Complaints
2875 Michelle Drive
Irvine, CA 92606
OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such anotice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys' fees). In one case involving onlinecontent (See Online Policy Group vs. Diebold, Inc.), a company paid more than $100,000 in costs and attorney's fees after targetingcontent protected by the U.S. Fair Use Doctrine.
For any additional questions regarding the DMCA process for Hotwire, Inc. please contact us at 425-679-3756.
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 orsubscriber is a repeat infringer when filing your notice.
Carrentals.com does not tolerate false claims of copyright infringement. If you believe that content that you posted to our Website was mistakenly removed due to a false claim of copyright infringement, then you can submit a DMCA Counter-Notice. When we receive a properly completed counter notification, we will forward it to the complaining rights owner. In the U.S., the DMCA allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.
To file a counter notification with us, you must provide a written communication by fax or regular mail that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, then we suggest that you first seek legal counsel.
To expedite our ability to process your counter notification, please send us your notification using the following format:
- Identify the specific content that was removed or disabled by mistake. Indicate where that content appeared on Carrentals.com's Website. Please provide the URL address if possible.
- Provide your name, mailing address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Hotwire, Inc. may be found, and that you will accept service of process from theparty who reported your content, or that party's agent.
- "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification."
- 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, Inc. please contact us at 425-679-3756.
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. 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), inyour 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.
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any car rental reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Hotwire Inc. and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, "Carrentals.com Affiliates") and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Hotwire may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a car rental review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant Hotwire the right to pursue at law any person or entity that violates your or Hotwire's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site If you do not agree to these terms and conditions, please do not provide us with any Submissions.
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.
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 forany 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).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Hotwire, Inc. and the Carrentals.com Affiliates and/or their respective Suppliers.
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:
- your breach of this Agreement or the documents referenced herein;
- violation of any law or the rights of a third party;
- your use of this Website; or
- your use of this Website for, or on behalf of, a Third Party.
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 cards 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 internationaltreaty 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.
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.
Attn: Customer Service
655 Montgomery Street
San Francisco, CA 94111