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Hertzsmarttraveller.com Site Users Terms and Conditions

1. Definitions:

(a) The “Partner ” is the business or entity who supplies any goods or services to the website that is not supplied directly by Smart Travellers Concierge Limited.

(b) The “Website” means www.hertzsmarttraveller.com.

(c) “Hertz” means Hertz Ireland 

(d) The “Order” is the request to purchase any goods and services on www.hertzmarttraveller.com.

(e) The “Contract” means any contract between Smart Traveller Concierge Limited and the purchaser for the sale or purchase of goods and services incorporating these conditions.

(f) The “Goods” means the goods or services described in the order confirmation.

(g) The “Purchaser” means the person or entity that purchases any goods or services via the website.

(h) “You” means the Purchaser.

(i)  “We” and “Us” means Smart Travellers Concierge Limited.

(k) “Contact address” means

2. www.hertzsmarttraveller.com is owned and operated by Smart Traveller Concierge Limited, 4100 Airport Business Park, Cork, Ireland and registration number 548909 in the republic of Ireland.

3. (a) This site is operated in co-operation with Hertz Ireland to provide a travel guide and shopping service for Hertz clients and every effort is made by us to ensure the provision of the best possible standard of goods and services. 

(b) It is important that you read and understand the description of any product purchased from us before use. The website offers a sample range of goods from partners for the convenience of site users together with appropriate links to partners own websites for more extensive selections.

4. Liability to Smart Travellers Concierge Limited:

(a) These terms and conditions only apply when goods or services are supplied and purchased directly from us.

(b) It is expressly understood when goods and services are offered by any partner and promoted on the website, that these goods and services are provided and operated by a partner and the terms and conditions of the partner will apply and the Purchaser will contract directly with the partner and not with us.

5. Liability for Partners:

(a) The site is provided as a free service to enhance customer experience for clients of Hertz but it is expressly understood that Hertz or Smart Traveller Concierge Limited have no liability or responsibility for any content in place nor for any goods or services provided as a result of the use of links off this site and that any transaction entered into as a result of the use of links to partners on this site is entirely and exclusively between the site user or purchaser and the partner providing the goods or service and does not involve Hertz or Smart Traveller Concierge Limited.

(b) It is expressly understood that when goods and services are offered by any partner and are promoted on the website that these goods and services are operated and provided by the partner and the terms and conditions of the partner will apply.   We are not responsible for the correct performance or otherwise of any goods or services provided by a partner.

6. Terms of Sale:

(a) The display of goods and/or services on the website does not constitute an offer to sell them as described, or to sell any goods and services at all.   By clicking to place an order, you are making an offer to buy.   If we elect to accept your offer you will receive an order confirmation.   We reserve the right to decline any order without giving a reason.

7. Orders:

(a) Orders are only binding when an order confirmation is received in writing. You should check the order confirmation and notify us of any mistake by email within 7 days, otherwise the details stated in the order confirmation will apply to the Contract.

(b) We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. In connection with your order we will email the confirmation as above.

8. Payment:

(a) All of our charges are in Euro - any other currency displayed on the site is for comparison only. You will be billed in Euros. Please note if you are paying by credit/debit card that any that any currency fluctuations and charges may make a difference to the amount billed on your card. Payment is collected from your credit/debit card at the same time that your order confirmation is sent, and before goods are delivered.

(b) The prices payable for goods that you order are as set out in our website include value added tax (VAT) unless they are expressly quoted as not including VAT, all prices are inclusive of VAT and other government taxes and duties.

9. Title:

The title to goods you have ordered will pass to you when they have been dispatched to you.

10. Delivery:

(a) You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.

(b) We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate

(c) We will use reasonable efforts to meet any delivery date, but it should be understood that these are estimates and we are not liable (in contract, negligence or otherwise) for any loss or damage resulting from a delivery date not being met, howsoever, caused.

(d) Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

(e) We are not and cannot be held responsible for any delays once the goods have left us and are in possession of the courier or An Post. Please make sure that you choose a service that has sufficient loss of damage cover for the value of product you are ordering.

(f) If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat and /or return delivery costs.

(g) If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the goods in question.

(h) If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail at our contact address of the problem within 37 days of the date on which you ordered the goods.

11. Cancellation by Purchaser:

(a) To cancel your contract you must notify us by e-mail to our e-mail address, info@hertzsmarttraveller.com.

(b) You may cancel your contract with us for the goods you order at any time up to 7 days from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract.

(c) If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk within 7 days of notification of the cancellation of the contract.  If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

(d) Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation and delivery of any returned goods PROVIDED THAT the goods in question are returned by you and received by us in the condition (including the packaging) they were in when delivered to you. If you do not return the goods delivered to you, you will not be entitled to any credit, if you do not pay the costs of delivery we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

12. Cancellation by us:

(a) We reserve the right to cancel the contract for any reason including but not limited to, having insufficient stock to deliver the goods you have ordered if, we do not deliver to your area or if one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

(b) If we do cancel your contract we will notify you by e-mail and will recredit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

13. Delivery outside jurisdiction:

(a) We make no promise that goods or services on the website are appropriate or available for use in locations outside Ireland.    If you choose to access this site from locations outside Ireland you do so on your own initiative and are responsible for compliance with local laws.  

We are not responsible or liable for any breach by you of local laws.

(b) If you order goods to be delivered to any other country except the Republic of Ireland, these goods may be subject to import taxes or duties in your country of residence.   These charges are your responsibility and we cannot be held liable for any charges incurred.

14. Notices:

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by e-mail to info@hertzsmarttraveller.com and all notices from us to you will be sent to you by email.

15. Events beyond our control:

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

16. Privacy:

You acknowledge and agree to be bound by the terms of our privacy policy.

17. Governing Law:

Each and every transaction carried out is deemed to be completed within The Republic of Ireland (and therefore shall be governed by and interpreted in accordance with Irish Law). The terms of this contract (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with Irish Law and the Irish Courts shall have exclusive jurisdiction in relation thereto.

18. Entire Agreement:

(a) These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

(b)  We make no representations or warrantees about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of Smart Traveller Concierge Ltd howsoever arising for any such

inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

19. Liability:

(a) Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us or any breach of these conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount of money paid by you for the goods or services in question.

(b) Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

(c) Nothing in these terms and conditions are intended to avoid the provisions of the Sales of Goods and Supply of Services Act, 1980 except to the extent permitted by the Act or to exclude liability under any other statute if and to the extent that such liability cannot be lawfully excluded and these forms shall be modified to the extent necessary to give effect to that intention.   If you are obtaining goods and services for the purpose of a business you agree that the guarantees provided in the Sale of Goods & Supply of Services Act, 1980 shall not apply.

20. Trade Marks:

Smart Traveller Concierge Ltd is the operator of Hertz Smart Traveller in co-operation with Hertz Ireland. All trademarks, product names and company names or logos sited herein are the property of their respective owners. No permission is given by Smart Traveller Concierge Ltd in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the owners’ rights.

21. Events Beyond our Control:

Smart Traveller Concierge Ltd operating this site as Hertz Smart Traveller will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, break down of systems or network access, flood, fire, explosion or accident.

22. Invalidity:

If any part of these terms and conditions are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.