HERTZ TERMS AND CONDITIONS
SECTION I. FOR SELF DRIVE
OBLIGATIONS OF THE RENTER
- The Renter accepts the provisions of this rental agreement and has received a copy of it.
- The driver shall be at least 21 years of age and shall have held a driver’s license for at least one year before renting a vehicle. The Renter shall abide by the Philippine laws and regulations when driving. The vehicle is under the responsibility of the Renter, which, under this rental agreement, can never be less than until Hertz has registered the vehicle as returned in his system.
- The Renter shall return the vehicle as stated below:
- a) With all attachments, including tires, tools, documents, maps and other items that were in or on the vehicle upon rental, in the same condition as upon reception, except for normal wear and tear from use. If something is missing, the Renter agrees that the cost price of individual items that are absent when the vehicle is returned will be charged to his or her credit card which the Renter used at the beginning of the rent. The same applies if extra parts that came with the vehicle are missing upon the vehicle’s return or if returned in an unsatisfactory condition, i.e. these items will be charged to the credit card used at the beginning of the rent.
- b) At the predetermined time as stated on the front page of the rental agreement or sooner if Hertz demands it.
- c) At the Hertz car rental where the vehicle was rented, unless otherwise agreed. If at the end of the rental period the vehicle is not left at Hertz’s venue of rent, Hertz is authorized to charge the renter for pick-up of the vehicle according to its pricelist.
- d) With a full tank of fuel. If the vehicle is not returned with a full fuel tank Hertz is authorized to charge the Renter for the difference in fuel until the tank is full at the pricelist of Hertz.
- The Renter shall pay for the fuel and other needed for driving the vehicle for the period of time the vehicle is at her or his responsibility, which in the interpretation of this agreement, is never a shorter period than the period Hertz has to register the vehicle in its system as returned, which can only be processed during the company’s opening hours.
- If the Renter does not return the vehicle at the correct time according to this rental agreement, or negotiates extended rental with the Hertz office, Hertz or the police are authorized to take possession of the vehicle without further notice at the Renter’s expense. Extended rental is subject to the consent of Hertz. If the Renter returns the vehicle 1 hour or more after the expiry of the rental period, Hertz is authorized to collect as much as a oneday rent according to this rental agreement. For every day that begins thereafter, Hertz may collect all charges as per the company’s pricelist.
- The vehicle shall be cautiously and carefully driven. Only persons who are registered with Hertz as the drivers and who meet the provisions of Item 2 above, are authorized to drive the rented vehicle. If the vehicle is driven by a person who is not registered in this rental agreement, all insurance becomes null and void, in which instance the Renter is fully liable for the vehicle, for damage it may sustain, damage it may cause others, items or vehicles, and obligates to pay such damage in full.
- The Renter has objective liability in respect of the vehicle towards Hertz, for example, because of damage sustained by Hertz if the vehicle is stolen or if the vehicle sustains damage that will not be compensated by the company’s insurance company.
- The Renter has objective liability in respect of Hertz for damage derived from the use of the vehicle and will not be compensated by Hertz’s insurance company, including damage to passengers or other persons.
- The Renter is liable for damage derived from the use of the vehicle and will not be covered by the vehicle’s insurance company, including damage to the vehicle and/or passengers that may be traced to the following factors:
- a) Off-road driving or driving through mountain trails and other areas where roads are impassable
- b) Transporting the vehicle via ferry or overseas
- c) Driving in rivers or any kind of watercourses
- d) Intentional actions or major negligence
- e) Driver’s usage of intoxicants
- f) Usage of the vehicle that is in breach of Philippine law s and/or the provisions of this rental agreement.
- The Renter is unauthorized:
- a) Off-road driving, for example, in paths and tracks, on beaches, in areas only accessible during low tide, or in other trackless areas except vehicles in the category 4WD (four-wheel drive vehicles) that Hertz agrees as appropriate for being driven on such roads. A breach of this Article authorizes Hertz to collect fines from the Renter. The aforementioned provision on fines does not affect the Renter’s liability regarding damage.
- b) Driving under the influence of any intoxicants
- c) Driving in or across rivers or any kind of watercourses. Such driving, is totally the responsibility of the Renter.
- d) Propel or tow any other vehicles, trailer, or other heavy things with or without wheels
- e) Transport goods in violations of customs rules and regulations or in any other manner deemed illegal
- In the instance of collision or another accident, the Renter shall immediately notify the police, as well as Hertz. The Renter may not leave the venue of collision or accident until this has been done and until the police have arrived, or a damage report has been prepared. The Renter shall immediately fill out the damage report if damage has occurred. If the Renter does not report the damage within 12 hours from its occurrence, the Renter is fully liable for the damage and shall in such instance pay for it in full irrespective of the collision damage waiver (CDW) that is attached to the insurance taken out by the Renter at the beginning of the rent.
- The Renter agrees to pay Hertz a required deposit in the estimated amount of the rent and/or other charges the Renter may be subjected to regarding the rent.
- The Renter is not authorized to have repairs or changes made of the vehicle and its attachments or to place them as guarantees without the prior consent of Hertz.
- The Renter is responsible for all parking tickets and fines for traffic violations. Hertz reserves the right to collect a charge from the Renter, charged against his or her credit card, according to Hertz’s pricelist, if it turns out that Hertz has to pay fines for the Renter and/or inform the authorities about the Renter because of traffic violations.
- The Renter is not authorized to use the vehicle for transporting passengers against payment, lend it or sublease it.
- The Renter shall pay all collection costs that fall on Hertz if Hertz launches collection measures because of this rental agreement.
- The Renter is responsible for all expenses derived from transporting the vehicle to Hertz’s location, as decided by Hertz, in the event of transportation because of an accident or damage to the vehicle, or for other reasons. In such instance the collision damage waiver (CDW) has no impact.
PROVISIONS ON COLLISION DAMAGE WAIVER (CDW) AND OTHER INSURANCES
- A Collision Damage Waiver (CDW) of PHP350.00 per day for sedan vehicles, and PHP500.00 per day for non-sedan vehicles may be purchased with the rental.. CDW waives part of the liability of the RENTER for damages in case of collision. The RENTER, however, will be liable for the full cost of damage if the car is driven in violation of the RENTAL AGREEMENT or for failure to submit a police report and a photocopy of the driver’s license and passport during the accident.
- With CDW, RENTER shall only be liable for a non-waivable excess (renter’s participation) which is equivalent to 1% of the vehicle insured value or whichever is applicable in a vehicular accident. The non-waivable excess amount for the each car class are as follows:
|NON-WAIVABLE EXCESS TABLE|
|TYPE||Intermediate Sedan||Full Size Wagon||MidSize SUV||Full Size SUV||Economy Sedan||Mini Auto|
- Hertz provides a replacement vehicle in case a vehicle is damaged and can no longer be driven.The replacement shall be issued only upon submission of documentation and payment of the non-waivable excess. The non-waivable excess shall be applied per damaged vehicle and not per rental transaction i.e. in the case that the replacement vehicle is damaged, a non-waivable excess for the replacement vehicle shall be collected. A replacement vehicle cannot be issued if renter has not purchased CDW. In case that the renter wishes to have the vehicle replaced, the renter shall enter into another rental agreement.
- Hertz offers SuperCover of PHP550.00 per day for sedan vehicles and PHP850.00 per day for non-sedan vehicles. This is on top of the CDW. Hertz SuperCover waives the non-waivable excess for the rental. The only things SuperCover doesn’t cover are the following:
- Damages to Hertz ancillaries: HertzWifi, Hertz NeverLost SatNav units
- Broken or lost keys, tire damage
- Contamination of fuel and other grossly negligent actions
- Breaches of your rental agreement such as the unlikely case that you cause any damage or loss by criminal activity
- Third-party liability insurance and the accident insurance for the driver are to the amount stipulated in Hertz Insurance Policy.
- The payment of CDW/SuperCover does not reduce the Renter’s own risk because of damage to the vehicle in the following instances:
- Intentional damage or damage resulting from major negligence by the driver.
- Damage resulting from the driver being under the influence of intoxicants or is in other respects incapable of controlling the vehicle in a safe manner.
- Damage resulting from racing or test-driving.
- Damage resulting from warfare, revolution, riots and/or civil unrest.
- Damage caused by animals.
- Holes burned into the seats, carpet or mats.
- Damage affecting only wheels, tires, suspension, mirrors, windows, batteries, glass, radio equipment, as well as damage due to the theft of individual parts of the vehicle and damage derived thereof.
- Damage caused by driving on rough roads, for example, to the transmission, the drive shaft, other parts in or on the chassis of the vehicle, damage to the chassis of the vehicle caused by the vehicle bumping against uneven roads, for example, road shoulders caused by motor graders, rocks lodged in gravel roads or by the edges of roads. The same applies to damage resulting from loose rocks hitting the vehicle or the bottom of the vehicle when being driven.
- Damage resulting from the vehicle being driven in areas where driving it is banned, for example, driving on paths, tracks, in unabridged rivers, streams or other watercourses, on beaches, places that are only accessible during low tide or other trackless areas.
- Damage to the vehicle caused by sand, gravel, ash, pumice or other kinds of earth materials being blown against it.
- If the vehicle is shipped by sea, the payment of the own-risk fee does not apply to damage caused by seawater.
- Damage to Hertz because of the vehicle being stolen.
- Water damage to the vehicle.
- The third party insurance carried by all company vehicles cover the driver liability for injury to others but does not cover his own personal injury or that of his passenger. Hertz can provide an optional Personal Accident Insurance to the Renter for PHP250.00 per day that provides coverage up to PHP100,000.00 for every passenger up to a maximum of four (4) passengers. Additional coverage may be purchased.
- Marine Insurance of PHP1,500 per shipment is required when transporting the vehicle inter-island. Any damage incurred during the transport of the vehicle and the interisland destination shall not be covered by the CDW or the SuperCover.
- In case of non-purchase of CDW, the renter agrees to be accountable for the actual cost should a damage be incurred on the rented vehicle including the downtime days while the vehicle undergoes repair. Downtime cost shall be computed as days x 50% of vehicle daily rental rate.
EARLY OR LATE RETURNS
- No refund shall be issued if renter will return earlier than scheduled since rates are calculated based on rental days.
- Late returns or extensions shall be communicated to Hertz within 24 hours before the scheduled return time to avoid penalties. The daily rack rate shall apply to unadvised rental extensions.
- No insurance covers damage to the chassis of a vehicle or caused by driving in rivers or lakes. The CDW do not cover such damage. The Renter is fully liable for such damage; see further the item above on insurance.
- Hertz is authorized to take possession of the vehicle at its discretion and without notice if it has been illegally parked or has been used in a manner that does not conform to this rental agreement or law and regulations, or if the vehicle appears to be abandoned.
- In instances where Hertz exercises its right according to the aforementioned, this by no means affects the payment of the rental fee or other, which the Renter shall pay according to this rental agreement. If, however, the vehicle is re-rented to a third party within the agreed rental period the amount of the rental fee shall be deducted to the extent where the rental periods of the Renter and the third party coincide. Hertz decides unilaterally at any given time whether the Renter will be provided with another vehicle instead of the rented one, i.e. in instances of any breach of the rental agreement. If the Renter receives another vehicle of a different and less expensive type, the Renter will receive no reimbursement of the balance. If there is only a more expensive vehicle available, however, Hertz reserves the right to collect the balance between the rented vehicle and the vehicle which Hertz decided to make available instead to the Renter, charged to the credit card presented by the Renter upon the beginning of the rent or later.
- Hertz is authorized to charge against the Renter’s credit card the rental fee and other the Renter should pay according to this rental agreement, including payments because of damage to a vehicle while in the possession of the Renter, and also because of lost rental days because of damage, taking into consideration the utilization ratio of Hertz’s fleet of vehicles, and Hertz alone shall hold the power to decide when this is done and whether done in one transaction or not. This right remains intact for six (6) months after the vehicle has been returned to Hertz. The Renter’s signature to this rental agreement equal’s the Renter’s signature to credit card withdrawals because of the payments that Hertz charges against the Renter’s credit card and which Hertz should rightfully receive on grounds of the provisions of this rental agreement.
- The Renter confirms with his or her signature to this rental agreement and the damage report that he or she received the vehicle and attachments in sound condition.
- This rental agreement shall always be in the vehicle while at the responsibility of the Renter.
- Any amendments or annexes to this rental agreement are subject to being made in writing and confirmed with the signatures of both parties to the agreement.
- This rental agreement and agreements entered into on grounds of the aforementioned provisions, as well as claims for damages that may subsequently be made, fall under the auspices of Philippine law. This applies both to the grounds and calculation of compensation. The same applies to claims for damages on grounds of liability outside of agreements. A case arising over this agreement shall only be filed at the legal venue of Hertz.
- The Renter agrees by signing this agreement, should a vehicle sustain damage or loss of which the Renter is responsible for, that the following documents shall be considered as sufficient evidence regarding the cost and extend of such damage or loss, whether a civil case is filed or not:
- Detailed Invoice from an approved repair center
- A photograph/s of a damage or loss of a vehicle.
- Signed Rental Agreement
- A Damage Report filled out by an employee of Hertz
- Police report
- By completing a booking through our website, you agree to the Hertz Rental Agreement.
HERTZ (EXCLUSIVE CARS INTERNATIONAL HOLDINGS, INC.) and the RENTER herein agree to adopt all the stipulations under this rental agreement.
SECTION II. FOR CHAUFFER-SERVICES
- All rates are inclusive VAT 12%.
- For rentals that does not include fuel, please load the vehicle with full tank of gas before drop off or a PHP65.00 per liter fuel charge shall be collected.
- Smoking in the car is prohibited.
- -Pets are allowed but a cleaning fee shall be applied if necessary.
SECTION III. CANCELLATION AND REFUND POLICY:
- Bookings can be cancelled for free before 48 hours from the pickup time. Cancellation fees are as follows:
- Cancellations made within 48-24 hours before pickup time: 1 day rental charge or 50% of chauffeur-driven rate.
- Cancellations made after 24 hours from the pickup time: whole rental fee.
- The full rental amount shall be charged if the customer fails to cancel the booking and fails to show up at the stated pickup location in the itinerary.
- Please provide flight details if coming from a flight in order for Hertz to monitor and adjust pickup time when there are delays in flight. A grace period of 59 minutes shall be applied if flight details are not provided and booking shall be declared as “NO SHOW” if vehicle is not picked up within the allowed grace period.
- Cancellations shall be made via email (firstname.lastname@example.org).