Consolidated "Hertz Accident and Insurance" Thread
Aug 12, 2016, 8:03 am
#77
Join Date: Jul 2006
Location: NYC
Programs: DL PM, Marriott Gold, Hertz PC, National Exec
Posts: 6,736
Aug 12, 2016, 10:10 am
#78
Join Date: Dec 2009
Posts: 5,439
My not-a-lawyer thoughts which could be right, wrong, or completely wrong:
- Leave a bigger gap in traffic (being a Prius driver helps here, as any gap is more regenerative braking for me
)
- Use a credit card with a lower limit to prevent Hertz automatically deducting money (other than the mandatory security deposit)
- If Hertz sold the OP a product (CDW) that he was not eligible for due to Hertz's failure to verify eligibility, at which point does the onus go onto Hertz for not doing so?
- Leave a bigger gap in traffic (being a Prius driver helps here, as any gap is more regenerative braking for me
)- Use a credit card with a lower limit to prevent Hertz automatically deducting money (other than the mandatory security deposit)
- If Hertz sold the OP a product (CDW) that he was not eligible for due to Hertz's failure to verify eligibility, at which point does the onus go onto Hertz for not doing so?
Aug 13, 2016, 12:04 pm
#79
Join Date: Jul 2007
Location: San Francisco/Sydney
Programs: UA 1K/MM, Hilton Diamond, Marriott Something, IHG Gold, Hertz PC, Avis PC
Posts: 8,156
"You Represent That You Are Specifically Authorized to Receive The Benefits Extended To Employees/Members Of XXXXXX"
(Whoever Put That Into The Contract Obviously Likes Caps!)
Apparently a membership in the International Brotherhood of Magic (more commonly known as the I.B.M.) is only $60/year...
Jan 31, 2017, 8:45 am
#81
Join Date: Oct 2003
Location: Phoenix, AZ USA
Programs: AA Life Gold, Marriott Platinum Elite
Posts: 472
Some prior posters are correct. The onus CANNOT be on the renter to determine their eligibility unless there is an express consent to the terms of the discount code. Merely stating that you certify that you are authorized to use the code is insufficient. Where are the complete eligibility terms posted? Can IBM employees use the code for vacations? Can contractors or prospective employees travelling to IBM locations use the code? Is it a condition of the code to travel with your corporate ID (I don't take mine on vacations)? OP should have just said he was on vacation and didn't have it with him and this probably would have been a non-issue unless IBM provides some of the insurance coverage or guarantees the rental.
Because everyone, including a judge and court jury know that discount codes may be passed around the Internet and be separated from any accompanying text, it cannot be expected or relied upon for the user to know what text might have accompanied the text in its original place of publication.
Furthermore, it cannot be expected that a user knows that the character string 'IBM' represents a corporate discount code that he/she may not be eligible for. The code might as well by XYZZY. Can Internet users be relied upon to thoroughly investigate the origins and terms of every discount code they encounter before trying to use them? No of course not.
Bottom line is that if it is a material importance to Hertz to ensure that only 'authorized' users use the code, Hertz must do more than they did to ensure that happens.
Because everyone, including a judge and court jury know that discount codes may be passed around the Internet and be separated from any accompanying text, it cannot be expected or relied upon for the user to know what text might have accompanied the text in its original place of publication.
Furthermore, it cannot be expected that a user knows that the character string 'IBM' represents a corporate discount code that he/she may not be eligible for. The code might as well by XYZZY. Can Internet users be relied upon to thoroughly investigate the origins and terms of every discount code they encounter before trying to use them? No of course not.
Bottom line is that if it is a material importance to Hertz to ensure that only 'authorized' users use the code, Hertz must do more than they did to ensure that happens.
Jan 31, 2017, 10:03 am
#82
FlyerTalk Evangelist
Join Date: Sep 1999
Location: New York, NY, USA
Posts: 12,482
.......Because everyone, including a judge and court jury know that discount codes may be passed around the Internet and be separated from any accompanying text, it cannot be expected or relied upon for the user to know what text might have accompanied the text in its original place of publication.....
Jan 31, 2017, 10:26 am
#83
FlyerTalk Evangelist
Join Date: Oct 1999
Location: Juneau, Alaska.
Programs: AS 75K;BA Silver;AA G;HH Dia;HY Glob
Posts: 15,813
Some prior posters are correct. The onus CANNOT be on the renter to determine their eligibility unless there is an express consent to the terms of the discount code. Merely stating that you certify that you are authorized to use the code is insufficient. Where are the complete eligibility terms posted? Can IBM employees use the code for vacations? Can contractors or prospective employees travelling to IBM locations use the code? Is it a condition of the code to travel with your corporate ID (I don't take mine on vacations)? OP should have just said he was on vacation and didn't have it with him and this probably would have been a non-issue unless IBM provides some of the insurance coverage or guarantees the rental.
Because everyone, including a judge and court jury know that discount codes may be passed around the Internet and be separated from any accompanying text, it cannot be expected or relied upon for the user to know what text might have accompanied the text in its original place of publication.
Furthermore, it cannot be expected that a user knows that the character string 'IBM' represents a corporate discount code that he/she may not be eligible for. The code might as well by XYZZY. Can Internet users be relied upon to thoroughly investigate the origins and terms of every discount code they encounter before trying to use them? No of course not.
Bottom line is that if it is a material importance to Hertz to ensure that only 'authorized' users use the code, Hertz must do more than they did to ensure that happens.
Because everyone, including a judge and court jury know that discount codes may be passed around the Internet and be separated from any accompanying text, it cannot be expected or relied upon for the user to know what text might have accompanied the text in its original place of publication.
Furthermore, it cannot be expected that a user knows that the character string 'IBM' represents a corporate discount code that he/she may not be eligible for. The code might as well by XYZZY. Can Internet users be relied upon to thoroughly investigate the origins and terms of every discount code they encounter before trying to use them? No of course not.
Bottom line is that if it is a material importance to Hertz to ensure that only 'authorized' users use the code, Hertz must do more than they did to ensure that happens.
Jan 31, 2017, 5:53 pm
#85
Join Date: Jul 2006
Location: NYC
Programs: DL PM, Marriott Gold, Hertz PC, National Exec
Posts: 6,736
Some prior posters are correct. The onus CANNOT be on the renter to determine their eligibility unless there is an express consent to the terms of the discount code. Merely stating that you certify that you are authorized to use the code is insufficient. Where are the complete eligibility terms posted? Can IBM employees use the code for vacations? Can contractors or prospective employees travelling to IBM locations use the code? Is it a condition of the code to travel with your corporate ID (I don't take mine on vacations)? OP should have just said he was on vacation and didn't have it with him and this probably would have been a non-issue unless IBM provides some of the insurance coverage or guarantees the rental.
Because everyone, including a judge and court jury know that discount codes may be passed around the Internet and be separated from any accompanying text, it cannot be expected or relied upon for the user to know what text might have accompanied the text in its original place of publication.
Furthermore, it cannot be expected that a user knows that the character string 'IBM' represents a corporate discount code that he/she may not be eligible for. The code might as well by XYZZY. Can Internet users be relied upon to thoroughly investigate the origins and terms of every discount code they encounter before trying to use them? No of course not.
Bottom line is that if it is a material importance to Hertz to ensure that only 'authorized' users use the code, Hertz must do more than they did to ensure that happens.
Because everyone, including a judge and court jury know that discount codes may be passed around the Internet and be separated from any accompanying text, it cannot be expected or relied upon for the user to know what text might have accompanied the text in its original place of publication.
Furthermore, it cannot be expected that a user knows that the character string 'IBM' represents a corporate discount code that he/she may not be eligible for. The code might as well by XYZZY. Can Internet users be relied upon to thoroughly investigate the origins and terms of every discount code they encounter before trying to use them? No of course not.
Bottom line is that if it is a material importance to Hertz to ensure that only 'authorized' users use the code, Hertz must do more than they did to ensure that happens.
Feb 3, 2017, 10:18 am
#86
Join Date: Apr 2007
Location: Charlotte, NC
Posts: 1,086
Some prior posters are correct. The onus CANNOT be on the renter to determine their eligibility unless there is an express consent to the terms of the discount code. Merely stating that you certify that you are authorized to use the code is insufficient. Where are the complete eligibility terms posted? Can IBM employees use the code for vacations? Can contractors or prospective employees travelling to IBM locations use the code? Is it a condition of the code to travel with your corporate ID (I don't take mine on vacations)? OP should have just said he was on vacation and didn't have it with him and this probably would have been a non-issue unless IBM provides some of the insurance coverage or guarantees the rental.
Because everyone, including a judge and court jury know that discount codes may be passed around the Internet and be separated from any accompanying text, it cannot be expected or relied upon for the user to know what text might have accompanied the text in its original place of publication.
Furthermore, it cannot be expected that a user knows that the character string 'IBM' represents a corporate discount code that he/she may not be eligible for. The code might as well by XYZZY. Can Internet users be relied upon to thoroughly investigate the origins and terms of every discount code they encounter before trying to use them? No of course not.
Bottom line is that if it is a material importance to Hertz to ensure that only 'authorized' users use the code, Hertz must do more than they did to ensure that happens.
Because everyone, including a judge and court jury know that discount codes may be passed around the Internet and be separated from any accompanying text, it cannot be expected or relied upon for the user to know what text might have accompanied the text in its original place of publication.
Furthermore, it cannot be expected that a user knows that the character string 'IBM' represents a corporate discount code that he/she may not be eligible for. The code might as well by XYZZY. Can Internet users be relied upon to thoroughly investigate the origins and terms of every discount code they encounter before trying to use them? No of course not.
Bottom line is that if it is a material importance to Hertz to ensure that only 'authorized' users use the code, Hertz must do more than they did to ensure that happens.
Feb 5, 2017, 3:54 pm
#88
Suspended
Join Date: Oct 2016
Location: PDX
Programs: AS DL
Posts: 9,038
On the other hand, I have rented over 100 times without a rental car accident. Usually, I can prevent braking errors but cannot always prevent others from running into my car.
Feb 5, 2017, 4:23 pm
#89
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Some prior posters are correct. The onus CANNOT be on the renter to determine their eligibility unless there is an express consent to the terms of the discount code. Merely stating that you certify that you are authorized to use the code is insufficient. Where are the complete eligibility terms posted? Can IBM employees use the code for vacations? Can contractors or prospective employees travelling to IBM locations use the code? Is it a condition of the code to travel with your corporate ID (I don't take mine on vacations)? OP should have just said he was on vacation and didn't have it with him and this probably would have been a non-issue unless IBM provides some of the insurance coverage or guarantees the rental.
Because everyone, including a judge and court jury know that discount codes may be passed around the Internet and be separated from any accompanying text, it cannot be expected or relied upon for the user to know what text might have accompanied the text in its original place of publication.
Furthermore, it cannot be expected that a user knows that the character string 'IBM' represents a corporate discount code that he/she may not be eligible for. The code might as well by XYZZY. Can Internet users be relied upon to thoroughly investigate the origins and terms of every discount code they encounter before trying to use them? No of course not.
Bottom line is that if it is a material importance to Hertz to ensure that only 'authorized' users use the code, Hertz must do more than they did to ensure that happens.
Because everyone, including a judge and court jury know that discount codes may be passed around the Internet and be separated from any accompanying text, it cannot be expected or relied upon for the user to know what text might have accompanied the text in its original place of publication.
Furthermore, it cannot be expected that a user knows that the character string 'IBM' represents a corporate discount code that he/she may not be eligible for. The code might as well by XYZZY. Can Internet users be relied upon to thoroughly investigate the origins and terms of every discount code they encounter before trying to use them? No of course not.
Bottom line is that if it is a material importance to Hertz to ensure that only 'authorized' users use the code, Hertz must do more than they did to ensure that happens.
It is 100% the renter's responsibility to determine that he meets the qualifications for any discount he asserts. If he has to do research to make certain, then he has to do it. If the renter can't be certain, he should not make the claim.
This is the Internet, so you can say anything you want. In Fantasyland, you can believe anything you want. But, try this in court and you will wind up with a judgment against you which is good for 20 years.
Mar 31, 2018, 1:35 am
#90
Join Date: Jun 2017
Posts: 24
Possible to use any CDP ?
Hi, I know that I can use any CDP that I can find on the web. Can the counter agent check at the time of pickup if I can use this PDC? (Amex flat for example?).
What to do in case of accident or car injury? Will they check and what can happen?
THX
What to do in case of accident or car injury? Will they check and what can happen?
THX