Enterprise.ro website Users manual

Read carefully these Terms and Conditions that apply to the use by you of the website of Enterprise.ro

1. Scope / Services Provided by Enterprise / Data Protection

1.1. This website is offered for free by Touring Rent Auto SRL (“Enterprise Romania”) to the benefit of its affiliates and licensors/franchisors that operate Enterprise Rent-A-Car System around the world.

1.2. Services offered by this website include:

a) Provision of options to use the website under these Terms and Conditions;

b) Provision of information regarding the vehicles available, takeover locations, rental tariffs and current special offers for car rental in the countries in which Enterprise and its affiliates or franchisors operate;

c) It enables the customers to fill in booking applications for vehicle rental; and

d) It enables the customers to make prepaid bookings in some cases.

1.3. Enterprise Romania intends to maintain the website permanently. Nevertheless, the users should not infer therefore that they will have the right to use the website in the future. In case Enterprise Romania intends to shut down the website, Enterprise Romania shall inform the users in advance by posting relevant information on the website.

1.4. Enterprise Romania reserves the right to modify, extend or reduce the content, structure or design of the website.

1.5. Enterprise Romania does not guarantee in any way the availability of the website, either in time or geographically. Enterprise Romania may reduce temporarily the degree of using the website, individual functions or availability of the information, if there are enough juridical or technical reasons for such a measure. The technical reasons include, among, others, maintenance works, updates of the basic software and keeping the website secure or integer.

1.6. Collection and use of personal data during website use are described in the Privacy Policy (http://enterprise.ro/en/politica-confidentialitate/) which is available on the website.

2. Booking Applications

2.1. This website is simply an information and booking tool. It does not offer the possibility to enter into rental contracts. Rental contracts are exclusively signed at the work centers of Enterprise Romania and of their franchisors. Addresses and contact data of the work centers are available on this website.

2.2. The website offers two booking options to the user:

1) in case it is available, prepaid booking: a binding booking subject to the Terms and Conditions for payments; or

2) non-binding booking applications. Except prepaid bookings, any party can cancel any booking application, irrespective of the fact that the booking application was confirmed or not, for any reason or for no reason, at the sole discretion and without liability towards the other party.

3. User Account

3.1. The user does not have to register in order to use the website, the information available and the booking applications, or the prepaid bookings.

4. User’s Obligations and Consequences of the Breaching of the Terms of Use

4.1. The website and the database can be used only in the manner indicated by Enterprise Romania. In particular, the information can only be viewed on Enterprise Romania’s websites by using an Internet browser.

4.2. The following is not allowed:

a) send or make accessible any virus or other malware;

b) take measures that might have a negative impact or harm the process or functionality of Enterprise websites or IT systems of other users;

c) elude or make inefficient any function (e.g., the search forms) of the website or interfere in any other manner with Enterprise website;

d) take measures that might lead to the overload of the infrastructure of Enterprise Romania websites;

e) block, overwrite or modify the content generated by Enterprise Romania;

f) use automated functions (e.g. algorithms, machines) to search vehicles or obtain vehicle rental quotations;

g) collect or purchase by any other means and store information about other users without their consent, especially e-mail addresses; and

h) obtain unauthorized access to networks.

4.3. If there is a reasonable suspicion of breach of the Terms of Use, against the law or against rights of third parties, Enterprise Romania reserves the right to:

• issue a formal warning to the user;

• restrain temporarily or block user’s access to the website;

• block for ever and delete user’s access.

5. Enterprise Intellectual Property

5.1. The content, structure and aspect of this website, as well as the program code are owned by Enterprise Romania. All intellectual property rights (e.g., trademarks and copyrights, database rights) are owned by Enterprise Holdings, Inc. (“EHI”), an affiliate of Enterprise.

5.2. The individual content of the website, especially car rental offers and booking applications, can be downloaded, printed or copied only for user’s own non-commercial use.

5.3. Any other use, especially editing, copying, dissemination or other manner of publishing, is not allowed without EHI’s prior written consent, obtained from nicadmin@enterprise.com.

5.4. If you think that the stuff posted on your website breach intellectual property rights, please contact EHI at Intellectual Property Manager, Intellectual Property Questions, Drive 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 copyright or other ownership interest;

(2) a description of the work protected by copyright or of other protected stuff about which you have stated that it was breached;

(3) a description of the place where the stuff is located on the website;

(4) address, phone number and e-mail address;

(5) your statement in good faith that the use under litigation is not authorized by the author or another interest owner, agent or law; and

(6) your statement, made under the sanction of punishment, that the information from your notice is accurate and that you are the owner of the copyright or other interest or you are authorized to act on owner’s behalf.

5.5. Enterprise Romania, Enterprise Rent-A-Car, the logos “e” and WE’ LL PICK YOU UP are included in the family of trademarks and service marks owned by EHI and its licensors (this is not a complete list of EHI marks and service marks). The trademarks and service marks designated with the symbol “®” are registered at the Office for Patents and Marks of the USA and in many foreign countries. Other trademarks and service marks belonging to EHI can be designated with the symbols “SM” or “TM”. EHI trademarks and service marks cannot be used in relation with any product or service without EHI’s prior written consent. All the other names, trademarks and names not belonging to EHI that appear on the website are managed by their owners, which can be or not affiliated, connected or endorsed by EHI.

6. Limited Liability

6.1. The website offers links to websites of the companies affiliated to Enterprise Romania and other third parties. Enterprise Romania declines liability for the information provided under such links and for the nature, security and legality of services provided thereunder.

6.2. Enterprise Romania declines liability for any ads or information provided by Enterprise Romania’s partners and third parties.

6.3. Enterprise Romania is liable for deliberated actions and gross negligence.

6.4. Enterprise is liable for simple negligence acts only in cases of life, limbs or health damage, or in case of significant contractual obligation breach. In case of breach of significant contractual obligations, Enterprise Romania’s liability is limited to the anticipated damages typical for such contracts. A significant contractual obligation is an obligation whose fulfillment is a preliminary condition for attaining the purpose intended by entering into the contract and whose fulfillment may be regularly expected by the user.

6.5. Enterprise Romania is not liable in force majeure cases, especially for no-damage cable network failures.

6.6. Enterprise Romania is only liable for loss of data, as stipulated in sections 6.3 and 6.4 above, if data loss could not be avoided by proper security measures of the user.

6.7. The liability limitations as above apply correspondingly to the legal representatives and agents of Enterprise Romania.

7. Severability / Waving Clause

7.1. In case individual provisions of these Terms of Use are or become null, this does not affect the validity of the remaining provisions. Enterprise Romania’s failure to apply any provision of these Terms of Use does not represent a waving of it or any other provision.

8. Applicable Law

8.1. If you access a website with a domain in your residence country, the law of your residence country regulates these Terms of Use. Otherwise, the laws of England and The Wales govern these Terms of Use. UNO Convention on international sales of goods is excluded.

8.2. If you have questions regarding these Terms of Use, please contact us at nicadmin@enterprise.com.

8.3. European Commission’s platform for online dispute resolution can be accessed here: http://ec.europa.eu/consumers/odr/.

Enterprise does not participate in the alternative dispute resolution procedure.

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