Originally Posted by
Often1
This is the arbitration agreement for The Hertz Corporation (US). The allegedly scam claim has likely -- I say likely because I am not certain -- been made by a European affiliate which may even be a separate entity entirely.
I also question whether it much matters that Hertz reimburses the R-3 administrative fee because the parties split the R-4 neutral arbitrator's fees.
All disputes related to a Hertz reservation using
www.Hertz.com can be arbitrated in the county of the your home billing address.
The arbitration agreement is "
broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us'.
Quote:
This arbitration Provision's scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation, equity, or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this Arbitration Provision. The arbitration will take place in the county of Your billing address unless agreed otherwise.
In another section of the terms of service related to Europe, there is no requirement that US residents go back to another country (like Germany) to litigate disputes there. That is not reasonable to expect anyone to do. It is too costly and would be designed to take advantage of consumers to fraudulently steal small amounts of money regularly through jurisdictional games.
When we did arbitration versus Dollar Rent A Car (aka Hertz legal department), they did not even bother to question the jurisdiction of using the American Arbitration Association.
They knew it was a waste of time.
The parties do NOT split the arbitration fees. The Hertz arbitration clause states specifically that they will cover all fees, including repaying your $200 filing fee, as long as the amount in dispute is less than $10,000.
Quote:
If You seek $10,000 or less through arbitration, we will reimburse You for any AAA required filing fee.