Hertz - Is Valet parking a breach of rental contract?

Hi,

I never thought about it, but a friend told me about a story that if a valet driver crashes your rental car the rental company COULD hold you responsible for it (no insurance pays the damage) because you let somebody else drive the car and thats a breach of the rental contract. Is this really true? Am I fully responsible for any damage that is done during valet parking? Or think about it - what if the valet driver takes the car for a "little tour" and gets a speeding ticket?

The Hertz contract (see below) specifically allows valet parking, so you wouldn't be in a breach of contract.

Keep reading though, and the issue of financial responsibility in an accident gets interesting. If Hertz considers an Authorized Operator (eg a valet driver) to be jointly responsibile, would they go after the valet driver, the valet company, you, or everybody? Throw in the valet company's insurance and your credit card insurance, and there's a mess that I've thankfully never been in.

2. WHO MAY OPERATE THE CAR

Only You and the following persons, with Your permission ("Authorized Operators"), may operate the Car: Your spouse, Your domestic partner (if You are not married), Your employer, employees and fellow employees incidental to their business duties, and any other person who meets Hertz's qualifications and who signs an Additional Authorized Operator form at the time of rental. A "domestic partner" is an unmarried partner of the same or opposite sex who is not Your parent, grandparent, sibling, child, grandchild, uncle, aunt, niece or nephew (in each case by blood or adoption), who permanently resides at the same address as You, and whose driver's license shows the same residence address as Your driver's license. Except as provided in the following sentence, all Authorized Operators must be at least 25 years old and have a valid driver's license from a jurisdiction acceptable to Hertz. For rentals which commence in Michigan, persons between the ages of 18 and 24 who meet Hertz's other qualifications and who sign an Additional Authorized Operator form at the time of rental may be Authorized Operators; in such cases, an Underage Liability Charge will be assessed. Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car. With respect to persons who must sign an Additional Authorized Operator form, other qualifications may, at Hertz's discretion, be in effect at the time and place of rental; and, where permitted by law, Hertz may impose an additional fee for such persons. By operating the Car (whether or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car (for example: the obligations contained in Paragraphs 9 and 10(e)).

the hertz gold rental agreement specifically authorizes valet parking:

"Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car."

i don't know about the standard (non-gold) agreement.

Thanks, good to know!

Hammer

what if the valet driver takes the car for a "little tour" and gets a speeding ticket?

That would be outside the scope of the valet's employment, aka "frolic and detour." If the valet got a ticket, he'd be responsible for paying it. If he was goofing off outside the scope of employment and killed somebody with your rental car, you'd likely end up in court as part of the resulting lawsuits.

Thanks for the info.