Terms and Conditions of Use
1. Notice
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF. NOT ALL PRODUCTS AND SERVICES ARE AVAILABLE IN ALL GEOGRAPHIC AREAS. YOUR ELIGIBILITY FOR PARTICULAR PRODUCTS AND SERVICES IS SUBJECT TO FINAL DETERMINATION BY POPULAR INC., ITS SUBSIDIARIES AND/OR ITS AFFILIATES.
2. Ownership of Site; Agreement to Terms of Use
This is an agreement between you and Popular Auto, LLC (head office and/or one of its subsidiaries or affiliates) (“Popular”). The terms and conditions of use (the “Terms of Use”) contained in this document shall govern your use of www.popularautorentals.com website operated by Popular (the “Site”). The Site is the property of Popular and its licensors.
POPULAR OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE. THE USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY AND A CONFLICT RESOLUTION CLAUSE.
Popular reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Popular grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site
3. Additional Terms
Any Popular website may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Popular website, including without limitation, particular features or offers (for example, sweepstakes). If any provision contained in these Terms of Use conflicts with any terms contained within any other Popular website, then these Terms of Use shall control.
4. Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Popular and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
POPULAR ®, BANCO POPULAR ®, AND POPULAR AUTO® are service marks of Popular, Inc.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Popular’s express prior written consent.
You may use information on Popular products and services (such as brochures, fact sheets, marketing and similar materials) purposely made available by Popular for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
5. Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way to reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Popular reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Popular server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Popular, including any Popular account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Popular's systems or networks, or any systems or networks connected to the Site or to Popular. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Popular on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Popular or others.
Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those penalties provided by the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030 et seq.).
6. Accuracy of Information on the Site
Popular designed the website to assist the user in renting cars, SUVs, pick-ups and trucks, providing them with accurate and up-to-date information. However, it does not eliminate the possibility that some inaccuracies may occur occasionally. In addition, the photographs of the models found on the Site are photographs of vehicles of the same year, make and model. They are not the actual photos of the vehicle for rent. The color and/or options of the car for rent may vary. For this reason, please contact us through the methods specified on the Site before confirming your reservation for more details. In addition, Popular reserves the right to change the price and specifications of the product at any time.
7. General Rental Terms
A. Rentals: Daily rentals have a minimum charge of one (1) day. You will be charged an additional fee for each hour that exceeds the vehicle's return date until the unit is returned. Units not returned after five (5) days from the expected return date will be consider missing and reported to PR police. All units are delivered with a full tank and do not include "Collision Damage Waiver". At the time of return the unit must be delivered with a full tank or an additional fee will be charge.
B. Age: The minimum age for renting a vehicle is twenty-one (21) years old. All renters must show a valid driver's license at the time of the unit pick-up.
C. Authorized Drivers: The rented vehicle must be driven by an authorized driver. A driver can be any person or companion who picks up the unit at the time of rental and signs the documents. All authorized drivers must meet the minimum age requirement, provide a photo ID, address and credit card with their name. An additional fee will be charge to include more than one driver in the rental.
D. Disclaimer: The cover of damages and relief of public responsibility will be offered at the time of the rental based on days and rented models. Deductibles will apply. Collision Damage Waiver (CDW) or damage relief does not cover the merchandise.
E. Payment methods: All rentals require a credit card deposit. Accepted credit cards: American-Express / MasterCard / Visa / Discover
F. Customer Transportation: Complimentary transportation available. To coordinate the pick-up you must call three (3) days in advance at 1-866-257-4848, free of charge.
G. One-way rentals: One-way rentals are those where the customer rents the unit in one place and returns it in another. Transfer fees will be applied according to the restrictions of each location. At the time of the rental pick-up you must notify the staff that the unit will be returned in another location in order to make necessary adjustments.
H. Additional equipment: The use of protective seat for children under five (5) years of age is required by the Government of Puerto Rico. Protective seats are available on-site at an additional cost.
8. Privacy
Popular's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use. To view Popular's Privacy Policy, click here . Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
9. Online Children's Privacy Protection
Popular's websites and online services are not directed to children under the age of thirteen (13) and do not encourage these children to provide their personal information. Consequently, our policy is that we will not knowingly collect personal information provided by children under the age of thirteen (13). If we obtain actual knowledge that we have collected such information, we will comply with the requirements of the Children's Online Privacy Protection Act (COPPA), including the deletion of such personal information from our systems. For additional information about COPPA, please visit the Federal Trade Commission's website at: www.FTC.gov.
10. Disclaimers
POPULAR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. POPULAR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. POPULAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. POPULAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY POPULAR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST POPULAR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Popular reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
11. Limitation of Liability
Except where prohibited by law, in no event will Popular be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Popular has been advised of the possibility of such damages.
12. Weblinking Practices
Popular is committed to providing you with the most complete information possible to help you make sound financial decisions. As a convenience to you, Popular may provide access to information, products or services offered on websites or Internet resources that are owned or operated by other companies, that are not otherwise affiliates of Popular (“third-party website”). We provide this access through the use of hyperlinks that automatically move you from and out of Popular websites to a third-party website. When you link from a Popular website to a third-party website, the linked site will appear in a new browser window or an alert will appear to notify you that you are leaving the Popular website.
While we do our best to provide you with helpful, trustworthy resources, hyperlinks to third-party websites are solely for informational purposes. Popular cannot endorse, approve or guarantee information, products, services or recommendations provided at a third-party website. Because Popular does not control third-party websites, we may not always know when information on a linked third-party website changes. Therefore, Popular is not responsible for the content or accuracy of any third-party website and Popular will not be responsible for any loss or damage of any sort resulting from the use of a hyperlink on its website nor will it be liable for any failure of products or services advertised or provided on these linked third-party websites.
Popular offers hyperlinks to you on an “as is” basis. When you visit a third-party website by using a hyperlink on a Popular website, you will no longer be protected by Popular’s privacy policy or security practices, as well as other policies. The data collection, use and protection practices of the linked third-party website may differ from the practices of Popular websites. You should familiarize yourself with the privacy policy and security practices of the linked third-party website before providing personal information. Those are the policies and practices that will apply to your use of the linked third-party website, NOT Popular’s policies and practices. In the event you conduct a transaction on a linked third-party website, Popular will not represent either members or the owner of the linked or accessed third-party website.
Popular is committed to providing you with quality online services. If you find any information on any Popular website that you believe to be inaccurate or have concerns about a hyperlink to a third-party website, please e-mail us.
14. Third Party Companies and Products
Mention of third-party products, companies and web sites on the Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Popular assumes no responsibility with regard to the selection, performance or use of these products or vendors. Popular provides this only as a convenience to our users.
15. Third Party Account Information
If you violate or attempt to violate any part of these Terms of Use, Popular reserves the right to terminate your access to the Site immediately, in our sole discretion, with or without notice of any kind. We also reserve the right to engage and cooperate with any government law enforcement agencies, and to proceed with a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities related to the website.
16. Dispute Resolution Agreement
The parties agree that any controversy or claim between them or against any agent, employee, successor, or assign of the other, whether related to these Terms of Use or your use of the Site or otherwise, and any claim or dispute related to these Terms of Use or your use of the Site or duties contemplated under these Terms of Use, including the validity of this arbitration clause (the “Claim”), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the then current Commercial Arbitration Rules and this provision and shall be aired in the Commonwealth of Puerto Rico. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. §§ 1-16 to the exclusion of any provision of state law inconsistent therewith or which would produce a different result. A single, neutral arbitrator shall determine the Claim of the parties and render a final award in accordance with the substantive law applicable. Strict confidentiality shall govern any arbitration proceedings, any and all information submitted to the arbitrator by the parties and to the decision or award entered by the arbitrator. Any court having jurisdiction may enter judgment upon the award rendered by the arbitrator. The terms hereof shall not limit any obligation of a party to defend, indemnify or hold harmless another party against court proceedings or other claims, losses, damages, or expenses.
The procedures specified in this Section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to your use of the Site; provided, however, that a party may request temporary remedies in a court of law to maintain the status quo or to protect goods or property until the arbitration has initiated and the selected arbitrator has had the opportunity to resolve the request for temporary relief.
Each party is required to continue to perform its obligations under these Terms of Use pending final resolution of any dispute arising out of or relating to these Terms of Use and your use of the Site, unless to do so would be impossible or impracticable under the circumstances.
17. Rights Reserves
Popular reserves any and all rights not expressly granted to you in these Terms of Use.