Terms Of Use
Enterprise Rent-A-Car
Website Terms of Use
Last Updated: April 2016
Please read these Terms of Use carefully which apply to your use of the website www.enterprise.de
1. Scope; Services Provided by Enterprise; Data Protection
1.1 The website www.enterprise.de is offered free of charge by Enterprise Rent-A-Car UK Limited (“Enterprise”) for the benefit of its affiliates and their licensees/franchisees operating the Enterprise system throughout the world. Rental services in Germany are provided by the German affiliate, Enterprise Autovermietung Deutschland B.V. & Co. KG.
1.2 The services provided by Enterprise on www.enterprise.de are, among others:
a) Providing the usability options of the website as per these Terms of Use;
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 Enterprise in Germany and with its affiliates outside of Germany.
1.3 Enterprise plans to maintain the website permanently. Nevertheless, users cannot derive from this an entitlement to future use of the website. Should Enterprise plan to close the website, Enterprise will inform the user in advance by displaying relevant information on the website.
1.4 Enterprise reserves the right to change, expand, or reduce the content, structure and design of the website.
1.5 Enterprise in no way guarantees the availability of the website, neither temporally nor geographically. Enterprise may temporarily reduce the usability of the website, 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 website.
1.6 The gathering and use of personal data in conjunction with the use of the website is described in the Privacy Policy, which is available on the website.
2. Reservation Requests
2.1 www.enterprise.de 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 branch locations of Enterprise and its affiliates and their respective franchisees. Addresses and contact details for branches are available on this website.
2.2 www.enterprise.de 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 website, 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. User’s Obligations and Consequences of Terms of Use Violations
4.1 The website and the underlying database may only be used in the manner intended by Enterprise. In particular, the information may only be viewed via Enterprise's websites 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 the Enterprise website 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 the Enterprise website;
d) take measures that could result in overloading of the Enterprise websites' infrastructure;
e) block, overwrite or modify content generated by Enterprise;
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.
4.3 If there is a reasonable suspicion of violations against the Terms of Use, against the law, or against the rights of third parties, Enterprise reserves the right to:
- issue a formal warning to the user;
- temporarily limit or block the user's access to the website;
- permanently block and delete the user's access.
5. Enterprise Intellectual Property
5.1 The content, structure and layout of this website, the program code, and all intellectual property rights to these (e.g. trademark and copyrights, database rights) are owned by Enterprise or Enterprise's licensors.
5.2 Individual contents of the website, 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 Enterprise, to be obtained from nicadmin@enterprise.com.
5.4 If you in believe that materials posted on the Site violate your intellectual property rights, please contact Enterprise at Intellectual Property Manager, Intellectual Property Questions, 600 Corporate Park Drive, St. Louis, Missouri 63105 or nicadmin@enterprise.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 are included in the family of trademarks and service marks owned by Enterprise and its licensors (this is not an all-inclusive list of Enterprise’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 Enterprise may be designated with the “SM” or “TM” symbols. Enterprise trademarks and service marks may not be used in connection with any product or service without Enterprise’s prior written permission. All other brands, trademarks and names not owned by Enterprise that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Enterprise.
5.6 Enterprise has 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 www.enterprise.de provides links to websites of companies affiliated with Enterprise and other third parties. Enterprise 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 Enterprise does not assume liability for any advertisements and information provided by Enterprise partners and third parties.
6.3 Enterprise is liable for deliberate and grossly negligent acts.
6.4 Enterprise 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, Enterprise'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 Enterprise is not liable in cases of Force Majeure, especially not for non-fault disruptions within the cable network.
6.6 Enterprise 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 Enterprise's legal representatives and agents.
7. Severability/Waive Clause
7.1 Should individual provisions of these Terms of Use be invalid or become invalid, this shall not affect the validity of the remaining provisions. Enterprise’s failure to enforce any provision of this Terms of Use does not constitute a waiver of that or any other provision.
8. Place of Jurisdiction; Applicable Law
8.1 The place of jurisdiction for any litigation between Enterprise and users who are incorporated merchants is Frankfurt am Main. Enterprise also has the option of suing in the user's general place of jurisdiction.
8.2 The law of the Federal Republic of Germany applies to these Terms of Use, excluding UN Convention on the International Sale of Goods.
8.3 If you have any questions about these Terms of Use, please contact us at nicadmin@enterprise.com.
8.4 The European Commission’s online dispute resolution platform can be accessed here: http://ec.europa.eu/consumers/odr/. Enterprise does not participate in the alternative dispute resolution procedure.