GENERAL TERMS AND CONDITIONS OF USE this Website and/or *Other Services or Applications for Online Booking
Last updated January 6, 2019
 
We offer this website and/or other services or applications for online booking, subject to the following terms and conditions, collectively called (“Agreement”).

Please read this Agreement carefully before using this Agreement. By using this Agreement, you accept the terms and conditions set forth in this Agreement. If you do not agree to the terms and conditions set forth in this Agreement, you must not use this Agreement. We may at any time, at our sole discretion, update and revise this Agreement by posting an amended Agreement on this Agreement any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the "Last Updated" information that appears at the top of this Agreement. Your use of this website following the posting of any changes constitutes acceptance of those changes.
 
As used in this Agreement, the terms “we” and “us” mean The Hertz Corporation and the companies in which The Hertz Corporation directly or indirectly owns a majority interest, commonly called “subsidiaries.”  We operate vehicle and construction and industrial equipment rental businesses and, on a more limited scale, retail vehicle sales and claims administration businesses.  Our “licensees” are independent companies in the vehicle and construction and industrial equipment rental businesses, and sometimes in the retail vehicle sales business, that are licensed to operate such businesses using a trade name and trademarks and service marks owned by us, which often incorporate the “Hertz” mark.  Because the licensees are independent of us, they are not our subsidiaries and thus are not included in the terms “we” and “us.”  Our “affiliates” at any time are the companies (other than us) that at the time control us or are under common control with us; the terms “we” and “us” do not include our affiliates.
 
You must be at least 13 years of age to use this website. If you are not at least 13 years old, you must not access or use this website.

This “Agreement” covers the information we obtain from you in connection with our vehicle rental and other associated businesses, which identifies you as an individual.

 
Privacy. Any personally identifiable data about you which we collect from you on this website and/or other services or applications for online booking, including without limitation, personally identifiable data about you collected during any registration process as described below, is subject to the privacy policy that is applicable to this website. 

We collect information from customers during the process of reservation and rental transactions, such as name, address, and payment card information.

3rd Party Disclosures

We may provide your information to designated third-party service providers, rental discount sponsors you utilize, our licensees, and other entities.

We do not sell your information to unrelated third parties for purposes of marketing their products of services.

We may share your information for marketing purposes to those with which we have an agreement to do joint advertising, subject to your consent.

We, both directly and through Our service providers, business partners, discount sponsors, licensees, advertisers, and booking channel providers, collect Personal Data that you provide on Our websites, on third-party websites, on applications, and offline in connection with any inquiries, reservations, rentals, purchases, or services. Information collected about your use of our websites, applications, or other websites may be combined with personal or other information about you from other online or offline sources. We also will collect Personal Data across all the devices you use to access websites or applications of us and our designated service providers.

Providing your Personal Data to Us may be required due to a legal obligation which could be a statutory or contractual obligation, may be on a voluntary basis or may be necessary for us to enter into the contract with you, depending on the purposes for which we collect and use your Personal Data as set out in this Privacy Statement. However, if you do not provide your Personal Data to us this may result in disadvantages to you, e.g. we may not be able to provide certain products or services to you. However, unless otherwise stated, not providing your Personal Data will not result in legal consequence for you.

Please note that if you wish to rent with Us or Our licensees and need to provide sensitive data, we will use that sensitive data for Our operational uses as described in this Privacy Policy, subject to your consent where required under applicable law.

We may use your information to communicate with you regarding any reservation you initiate or rental transaction; your membership/status in one of our membership programs; or changes to the terms or features of any of our membership programs to which you belong.

We therefore process your Personal Data for these purposes to the extent necessary to perform our contract with you or to take steps at your request prior to entering into a contract with you.

THIRD-PARTY PURPOSES: As part of Our Services, We have engaged with third-party organizations that sponsor the member, employee, or other number used by you to complete a rental or purchase ("Sponsoring Organization"). As a result of our relationship with these Sponsoring Organizations, We may be under an obligation to provide the third party with details about you and your use of our services as they relate to your relationship with the Sponsoring Organization.

We Process your Personal Data in relation to Sponsoring Organizations to the extent necessary for performance of our contract for rental or purchase where you use a member, employee, or other number.

NORMAL COURSE OF BUSINESS: We may also process your Personal Data and other information if such processing is necessary:

(a) To comply with the law or in response to a subpoena, court order, law enforcement request, or other legal process; (b) to protect the interests, rights, safety, or property of Us or others; (c) to enforce any terms of service on Our websites or the terms and conditions of any rental, purchase, or utilization; (d) to provide you and others with the services or products requested by you or your designated representative, and to perform other activities related to such services and products, including billing and collection; (e) to provide you with special offers or promotions from Us that may be of interest to you, where permitted; (f) as part of a business transaction where all or some of Our assets are bought, sold, or otherwise transferred by act of law or contract; or (g) to operate Our systems properly.

LICENSEES: We may provide your Personal Information to Our licensees when it is necessary to complete a reservation or rental, to assist with a customer service issue, or to perform any other activities related to open or previous services or products which we have provided to you.

GENERAL COURSE OF BUSINESS: We may also disclose your personal and other information to unaffiliated third parties if We believe in good faith that such disclosure is necessary: (a) to comply with the law or in response to a subpoena, court order, law enforcement request, or other legal process; (b) to protect the interests, rights, safety, or property of Us or others; (c) to enforce any terms of service on Our websites or the terms and conditions of any rental, purchase, or utilization; (d) to provide you and others with the services or products requested by you or your designated representative, and to perform other activities related to such services and products, including billing and collection; (e) to provide you with special offers or promotions from Us that may be of interest to you;

Registration. Access to some areas and use of some functions of this website and/or other services or applications for online booking may require you to be or become a participant in or a member of a particular Hertz club or program. When and if you register to become a participant or member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address), and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is or becomes inaccurate, not current, or incomplete, we reserve the right to terminate your use of this Agreement and related services. As part of the registration process, you may be asked to select a password. You will be responsible for the confidentiality and use of your password and any club or program identification number and agree not to transfer or resell your use of or access to this Agreement to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by clicking here.  YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY CLUB OR PROGRAM IDENTIFICATION NUMBER, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING RESERVATIONS AND PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. 
 
Code of Conduct. While using this Website and/or other Services or Applications for Online Booking, you agree not to:

• Restrict or inhibit any other visitor from using this Website and/or other Services or Applications, including, without limitation, by means of "hacking," "denial of service" attacks or defacing any portion of this website;
• Use this Website and/or other Services or Applications for any unlawful or unauthorized purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding;
• Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of this website or the Site Materials;
• "Frame" or "mirror" any part of this this Website and/or other Services or Applications without our prior written authorization;
• Tamper in any way with the software or functionality of this Website and/or other Services or Applications, including, without limitation, transmitting or posting any software or other materials to this website that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this Website and/or other Services or Applications or its contents;
• Harvest or collect information about visitors to this website without their express consent;
• Create a database by systematically downloading and storing all or any of the information on this website;
• Make postings of a commercial nature; or
• Permit others, including those whose accounts were terminated, to access this website through your account, username or password. 

In addition, while using this Website and/or other Services or Applications or the Site Materials, you agree to comply with all applicable laws, rules, and regulations.
 
Making Reservations and Purchasing or Requesting Products or Services. If you wish to make reservations or to purchase or request products or services described on this Website and/or other Services or Applications, you may be asked by us (or, if you are purchasing or requesting the product or service through a co-branded area of this website, by the provider of such product or service) to supply certain data applicable to your reservation or purchase, including, without limitation, credit card information and other personally identifiable data about you. You understand that any such personally identifiable data will be treated by us in the manner described in the privacy policy accessible via a link provided at the bottom of the homepage of this website and, if a Hertz co-branded provider is involved, such data will be treated by such provider in the manner set forth in that provider's privacy statement; you acknowledge that we are not responsible for the information collection or privacy practices of these providers or any other third parties. You agree that all data that you provide in making reservations or purchases or requesting services will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the rate(s) or price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
 
We reserve the right, without prior notification, to change any descriptions or images of, or references to, any products or services on this Website and/or other Services or Applications, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to, third party products or services do not necessarily imply our endorsement of such products or services.
 
Verification of submitted data may be required prior to our acceptance of any reservation, purchase or order. Except as otherwise required by law or as otherwise expressly stated by us, price, rate and availability of products or services are subject to change without notice. You acknowledge that reservations, purchases and services are subject to additional terms and conditions imposed by us or by our affiliates, licensees or associates.

A summary of our current policies regarding vehicle rental rate quotes, reservations and prepaid rentals is accessible from the web page and/or other Services or Applications on which you are quoted a rate for rental by us.
 
Links. This Website and/or other Services or Applications may contain links to other Internet websites and online resources. Links on this Website and/or other Services or Applications to other websites or resources shall not be construed as endorsement, control, review or approval of such other websites by us. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such website or content. Further, the treatment of user data by the operators of third party websites may be different from our treatment of user data. For details regarding such operators' treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.
 
Use of “Cookies” and Other Tracking Technologies.  We may use cookies and other technologies to facilitate and track your use of services offered on this website or applications in connection with our e-mail communications.  For more information on our use of such technology, please see the privacy policy accessible via a link provided at the bottom of the homepage of this website.
 
Accuracy of Information. Although we strive to ensure the accuracy of the information found on this website, neither we, nor our affiliates, licensees, suppliers, or agents, can be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on this website or applications.
 
Disclaimers. WE PROVIDE THIS WEBSITE or applications, THE SITE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE or applications OR THE SITE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR RELATED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE or applications, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE, OR STATEMENT OF US OR OUR AFFILIATES, LICENSEES, SUPPLIERS, AGENTS, OR VISITORS, WHETHER MADE ON THIS WEBSITE or applications, IN THE SITE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU  ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS WEBSITE or applications IS ENTIRELY AT YOUR OWN RISK. 
 
Conflicts. In the event a conflict arises between any information posted on this website or applications, this Agreement, and/or any contract you have with us, the terms of your contract with us will prevail over this Agreement and the information posted on this website, and this Agreement will prevail over information posted on this website or applications.
 
Limitation of Liability. AS A CONDITION OF YOUR USE OF THIS WEBSITE or applications, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES, LICENSEES, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA, INTERRUPTED COMMUNICATIONS, DAMAGES, EXPENSE, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION WITH:

1. THE USE OF THIS WEBSITE or applications, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR ARISING FROM YOUR RELIANCE ON THIS WEBSITE OR ANY INFORMATION OR MATERIALS FOUND ON THIS WEBSITE or applications OR HYPERLINKED FROM THIS WEBSITE or applications, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THIS WEBSITE or applications;
2. GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, POWER FAILURES, LARGE INCREASES IN ON-LINE ACTIVITY IN A SHORT PERIOD OF TIME (USAGE SPIKES), VIRUSES, CATASTROPHIC HARDWARE FAILURES, ATTACKS ON OUR SERVERS, FIRES, EARTHQUAKES, FLOODS, UNUSUALLY SEVERE WEATHER, OR ANY OTHER CONDITION BEYOND OUR REASONABLE CONTROL LIMITING, PREVENTING OR OTHERWISE AFFECTING EITHER YOUR ACCESS TO OR USE OF THIS WEBSITE OR SITE MATERIALS OR OUR ABILITY TO PROVIDE PRODUCTS OR  SERVICES IN CONNECTION WITH, OR RESERVED OR ORDERED THROUGH, THIS WEBSITE; OR
3. LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THIS WEBSITE, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD PARTIES. 

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR SITE MATERIALS CONTAINED WITHIN THIS WEBSITE IS TO STOP USING THIS WEBSITE AND/OR SITE MATERIALS, AS APPLICABLE.
 
Indemnification. Without limiting the generality or effect of other provisions of this Agreement, you agree to indemnify, hold harmless, and defend us, our affiliates, licensees, subcontractors, and agents, and each of our or their officers, directors, and employees, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach or alleged breach of this Agreement, including any violation of the Code of Conduct above; and (b) your use of this website or applications and engagement in transactions on this website including, but not limited to, use of the Site Materials.
 
Availability of this Website or applications. This website or applications is usually available 24 hours a day, 7 days a week. However, we retain the right to make this website or applications unavailable from time to time for any reason or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of this website or applications.
 
Claims of Copyright Infringement. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website or applications are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the website or applications; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by Thai laws.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the Thai laws.
 
Void Where Prohibited. Although this website or applications is accessible worldwide, not all products or services discussed or referenced in this website or applications are available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access this website or applications do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. You may not use or export the Site Materials or products and services available through this website or applications in violation of applicable export laws and regulations. We, and our affiliates, licensees, suppliers and agents, reserve the right to limit the availability of this website or applications and/or the provision of any product or service to any person, geographic area or jurisdiction we or they so desire, at any time and in our or their sole discretion.
 
Applicable Law. Except to the extent expressly provided in the following paragraph, this Agreement (including any of our policies referred to herein) shall be governed by and construed in accordance with the laws of Thailand without regard to any conflict of law’s provisions.

A governing law and forum

(a) You hereby agree that any disputes arising under or in connection with this Agreement (including any of our policies referred to herein), this website and/or the Site Materials shall be governed by Thai law, without regard to any conflict of law’s provisions; (b) and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in your state, province or country (without regard for any conflict of law provisions that would provide for the application of some other jurisdiction’s law):

Notwithstanding the foregoing, the law and forum governing any product or service that you purchase or otherwise obtain from us, our affiliates, licensees, or associates shall be as specified in the applicable contract with us pertaining to such product or service.

Other General Provisions. We reserve the right to immediately terminate your access to and use of this website or applications or any portion thereof, or to eliminate any content, feature or service of this website or applications, at any time and for any reason, with or without cause. Headings found in this Agreement are for reference only. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of this Agreement, which shall remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.
 
Legal Notice This Agreement has been written in English, and you waive any right you may have under any laws to have this Agreement written in any other language. You represent that you have the ability to read and write in English and you have read and understood this Agreement. If this Agreement is translated into a language other than English, the English version and its interpretation shall govern and prevail. All communications between the parties hereunder shall be in English.

Pricing Information. Current rates for our car rental services may be obtained by calling The Hertz Corporation at +66-2266-4666

We reserve the right to change fees, surcharges, monthly or other periodic subscription fees, or to institute new fees at any time as provided in this Agreement.
 
Complaints. The Complaint Assistance Unit of the Division of Consumer Services at +66-2266-4666

This application and Contact Information.  This application is operated by Paragon Car Rental Co., Ltd.  Here is our contact information for Thailand:

(a) In Thailand, you may contact Hertz at 72/ 8 - 9, North Sathorn, Silom, Bangrak, Bangkok 10500. Phone: +66-2266-4666. Fax: +66-2266-4360