ENTERPRISE PLUS TERMS AND CONDITIONS

1. MEMBER QUALIFICATIONS

a.     Eligibility and Enrollment: Membership in the Enterprise Plus programme ("Programme") operated by Enterprise is available to individuals (not businesses, corporations or other entities) who are at least twenty-one (21) years old, where Membership (as defined below) in the Programme is not otherwise prohibited by law, and who complete one of the following methods to enroll as an Enterprise Plus member (each a "Member," "you," or "your"):

1.     Over the Web: Visit an Enterprise Rent-A-Car Website ("Enterprise Website"), click the "Join Now" link, complete the "Create Your Enterprise Plus Account" form and then read and accept these Terms and Conditions by clicking the "I Agree" button.

2.     Through our App: Download and open the Enterprise Rent-A-Car Mobile Application ("Enterprise App"), tap the "Join" button, complete the "Join Enterprise Plus" form and then read and accept these Terms and Conditions by clicking the "I Agree" button.

3.     Go to a Branch: Open an account through a branch agent at any Enterprise location in the U.S., Canada, Puerto Rico, UK, Ireland, Germany, France or Spain; then go to an Enterprise Website, click the "Create Your Password" link; and read and accept the Terms and Conditions by clicking the "I Agree" button.

Members must provide their full name, address, date of birth, driver's license information and a unique email address to participate in the Programme. Full name is defined as your given name (first name), and family or surname (last name). The Member's full name must be identical to the full name on the Member's driver's license. No payment or other monetary consideration is required to become a Member.

b.     Acceptance of Terms and Conditions Through Programme Participation: By being or continuing to be a Member in the Programme, including but not limited to redeeming any Programme benefits, making any reservation or other transaction using your Member account, renting a vehicle using your Member account, or otherwise opting not to terminate your Member account, you are agreeing to be bound by these Terms and Conditions, as they may be amended from time to time. We reserve the right to monitor and audit your account for compliance with these Terms and Conditions, to the extent permitted by applicable law. The Programme is void where prohibited or restricted by law.

c.     One Account per Member: Members may not maintain more than one Enterprise Plus account. Only one individual may be enrolled per Enterprise Plus account. In the event more than one account number is assigned to the same individual in breach of these Terms and Conditions, the duplicate account may be terminated, and Enterprise may, but is not obliged to, transfer Enterprise Plus Points, Qualifying Rentals and Qualifying Rental Days (as defined below) to the remaining account (excluding any enrollment or other bonuses that can only be earned a single time per member as specified in promotion terms and conditions).

d.     Enrollment Date: Membership in the Programme ("Membership") commences on the date the Member completes any of the enrollment methods ("Enrollment Date").

1A.       To comply with relevant laws, including those of the Member's country of residence, the parties agree that this Programme will be amended in accordance with the Local Law Stipulations attached to these Terms and Conditions in addition to any other country-specific modifications as set forth within these Terms and Conditions.

2. MEMBER ACCOUNT & ACTIVITY INFORMATION

a.     Account Access and Profile Management: Members may log in to an Enterprise Website or the Enterprise App at any time to view and manage their account activity, account balance, and profile information by signing in and linking to the "My Profile" page.

 Members must activate their account in order to access their Enterprise Plus Points by creating a password for their account online.

b.     Enrollment and Account Activation: Members who enroll through a branch agent may visit an Enterprise Website or access the Enterprise App, click on "Create password" on the home page, enter their Enterprise Plus member number and last name, choose a password, read and accept these Terms and Conditions, and then click

to complete enrollment. Members who enroll on an Enterprise Website or through the Enterprise App by completing the "Create Your Enterprise Plus Account" form must create a password and activate their account as part of the online enrollment process.

3 MEMBER NUMBER: Members will receive an Enterprise Plus Membership number ("Member Number") upon successful enrollment, which is personal to the Member and may not be used for rentals by any individual, corporation or entity other than the Member. The Member Number must be applied to all rental activity for it to be tracked toward Programme benefits and awards described herein. 

4. CREDIT CARD INFORMATION: Members are not required to provide credit card information to enroll in the Programme, but may do so as a convenience provided that the name and address for the credit card match the information provided by the Member during enrollment. If Members choose to furnish credit card information to Enterprise, Members: (a) represent that they are the individual whose name appears on the card or that they are the authorised user of the card; (b) direct Enterprise to store all such information in accordance with the applicable Enterprise Rent-A-Car Privacy Policy as noted in the section titled "Privacy and Data Protection" below; and (c) authorise and instruct Enterprise to charge any rental car charges incurred by the Member to that credit card. Member credit card information will pre-populate at the time of rental. For their protection, Members will still need to show their credit card at the counter for validation.

5. MEMBER COMMUNICATIONS: By participating in the Programme, Members agree to communicate with Enterprise using electronic means, unless you are contacting us to exercise a legal right (in which case you can use any valid method of communication). Members are required to keep, and are solely responsible for keeping, the email address provided to Enterprise up-to-date. For this purpose, Members can update their email address on the "My Profile" page on an Enterprise Website or the Enterprise App. All communications in electronic format will be considered to be "in writing" and to have been received no later than one (1) business day after dissemination. Enterprise reserves the right to provide communications in paper format using the Member's most recent address on file with Enterprise. Members expressly agree that any notice containing legal, transactional or service information may be given in email form to the email address provided by the Member and on file with Enterprise.

6. QUALIFYING RENTALS AND RENTAL DAYS

a.     "Qualifying Rentals" must meet at least one of the following conditions:

1)     An Enterprise Rent-A-Car brand rental at participating locations in the fifty (50) United States, Canada, Puerto Rico, Europe, Latin America and the Caribbean, Africa or Asia Pacific during which the Member has paid time and mileage (base) or qualifying ancillary charges for one or more rental day. A rental made with one or more free rental days under the Programme ("Free Rental Days") will count as a Qualifying Rental as long as there is a minimum of one paid rental day. A list of participating locations can be found at https://www.enterprise.co.uk/en/car-hire-faqs/us-enterprise-plus/where-can-i-earn-enterprise-plus-points.html

2)     A rental made with our partner National Car Rental in the fifty (50) United States or Canada using an Emerald Club number that has the Member's Enterprise Plus Member Number listed as the Partner Rewards Programme preference on the Emerald Club profile and during which the Member has paid time and mileage (base) charges for one or more rental day. A rental with one or more Free Rental Days will count as a Qualifying Rental as long as there is a minimum of one paid rental day.

b.     "Qualifying Rental Days" are rental days associated with a Qualifying Rental. When points are redeemed for a Free Rental Day (see the section titled "Enterprise Plus Points" below), the Free Rental Day counts as a Qualifying Rental Day, as long as it is associated with a Qualifying Rental. For example, a four-day rental consisting of two paid rental days and two Free Rental Days will count as one Qualifying Rental and four Qualifying Rental Days.

c.     Exceptions: Qualifying Rentals do not include the following types of rentals, and Qualifying Rental Days cannot be earned on such rentals:

1)     Rentals when an insurance, dealer, body shop or fleet replacement rate is applied, regardless of who pays for the rental.

2)     Rentals that were included as part of a tour or travel package.

3)     Pre-paid rentals that were booked through a third party, including (but not limited to) third-party online travel agents (OTAs).

4)     Rentals at Enterprise Truck Rental or Flex-E-Rent locations that used a commercial or government account number or contracted rates.

5)     Rentals at Exotic Car Collection by Enterprise locations.

6)     Rentals at Enterprise CarShare or Car Club locations.

d.     Missing Rental Activity Claims: In the event of missing rental activity, a Member can submit a request by visiting an Enterprise website, signing in, clicking on the "My Rewards & Benefits" link and then the Request Missing Rental Activity link. Claims for missing rentals can be made up to six (6) months after the rental return date. The full name on the member profile must match the full name on the primary driver's license on the rental agreement. Members that fail to request missing rental activity within such 6-month period shall forfeit such points and waive any claim in connection with such forfeiture.

7. MEMBERSHIP TIERS

a.     Tiers: Members can attain different membership tiers based upon the number of their Qualifying Rentals within a calendar year (January – December). Members can also attain Gold and Platinum membership tiers based upon Qualifying Rental Days within a calendar year. Extra hours or partial day charges (hourly rates) will not count toward Qualifying Rental Days. Membership tiers are determined as follows:

For the purposes of determining a Member's initial Membership Tier, rentals from January 1 of the same calendar year through the applicable Member's Enrollment Date will count toward the Member's Qualifying Rentals and Qualifying Rental Days for the calendar year in which a Member enrolls, even though a Member Number was not included in the reservation, if such rentals meet the definitions of Qualifying Rentals and Qualifying Rental Days above. Upon enrollment, only rentals with an associated Member Number will qualify toward membership tier Tiers.

b.     Adjustments: Membership tier will be adjusted throughout each calendar year based upon Qualifying Rentals and Qualifying Rental Days posted to the Member account with a rental return date within that calendar year. As Members qualify for a new Membership tier, Enterprise will take steps to send new Membership and Programme overview materials to the Member based on the higher Membership tier. In early March of each year, Enterprise will take steps to send new Membership materials to Members whose qualifying rental activity in the prior calendar year was insufficient to maintain their Membership tier.

c.     Members-Only Check-Ins: Members will have access to special members-only check-in at participating Enterprise Rent-A-Car locations, primarily located at major airports.

d.     Membership Tier Benefits: Upon qualifying for an "elite membership tier" (i.e., Silver, Gold or Platinum tier), a Member will be eligible for the corresponding Membership tier benefits through February of the year following the qualifying calendar year ("Programme Year"), plus an additional 12 months. For example, a Member who qualifies for Gold on October 1 will receive benefits through February of the following calendar year, plus an additional 12 months, for a total of 17 months.

 Additional benefits for Silver, Gold and Platinum membership tier are as follows:

8.         ENTERPRISE PLUS POINTS

a.     Point Accrual on Qualifying Rentals: Members will earn one (1) point for every Qualifying U.S. Dollar ("USD") Spent (as defined below) on a Qualifying Rental with a rental return date on or after the Enrollment Date. For rentals outside the United States, the currency will be converted into USD at the time of rental return, utilizing the Bloomberg Foreign Exchange Cross Rates, which can be accessed at http://www.bloomberg.com/markets/currencies/cross-rates/, or such other source we designate in writing from time to time.

b.     "Qualifying USD Spent" is defined as time and mileage (base) rate, paid upgrades, and additional add-ons (such as GPS, ski racks, car racks), less any discounts or credits; and excludes all applicable taxes and surcharges, vehicle license fees, airport-related fees, insurance costs, fuel purchase option, and refueling. Points earned on a Qualifying Rental will be rounded up to the nearest whole number from the Qualifying USD Spent.

 Silver, Gold and Platinum Members will earn additional points on Qualifying Rentals as follows:

·       Silver Members: 10% Points Bonus on Qualifying USD Spent

·       Gold Members: 15% Points Bonus on Qualifying USD Spent

·       Platinum Members: 20% Points Bonus on Qualifying USD Spent

c.     Exceptions: Points will not be earned for Qualifying Rentals tied to corporate IDs for corporate accounts that do not allow employees to earn currency associated with reward programs. Points will also not be earned for discounted rentals by employees of Enterprise, or any of its parent company, subsidiaries, affiliates or licensees, or their family members or friends who are eligible to receive an employee discount.

d.     Expiration: For Members residing in any country other than Austria, Denmark, Germany, or Spain, points will expire and be forfeited upon the earlier of (i) termination of the Membership for any reason; or (ii) your inactivity for a period of 36 consecutive months. For Members residing in Austria, Denmark, France, Germany, or Spain, points will expire and be forfeited upon the earlier of (i) in case of termination by Enterprise for good cause (but not for convenience), immediately on the effective date of termination; or (ii) your inactivity for a period of 36 consecutive months.

e.     Points Transfers: Members may transfer between 100 and 20,000 points to another Enterprise Plus Member in good standing, as Enterprise determines in its sole discretion. A maximum of one (1) transfer per calendar year from an Enterprise Plus account and a maximum of one (1) transfer per calendar year into an Enterprise Plus account are allowed. To be eligible to receive a points transfer, the recipient Member's account must be activated prior to the transfer. Points transferred will assume the expiration date associated with any points balance in the recipient's Enterprise Plus account or three (3) months from date of transfer, whichever is greater. This date may be extended 36 months as long as the receiving Member earns one (1) or more points for a qualifying point earning activity prior to the expiration date occurring. Once points have been transferred to another Member's account, the transfer cannot be reversed. 

9. FREE RENTAL DAYS; RESTRICTIONS

a.     Free Rental Day Redemptions: Members can redeem Enterprise Plus Points for Free Rental Days on Enterprise Rent-A-Car rentals at participating locations in the 50 U.S. States, Canada, Puerto Rico, Europe, Latin America and the Caribbean, Africa and Asia Pacific booked in advance on an Enterprise Website or the Enterprise Mobile App. 

b.     Exceptions: Free Rental Days may not be redeemed for the following types of rentals: (a) one-way rentals outside of the US and Canada where the pick-up and return location are not the same; (b) rentals when an insurance, dealer, body shop or fleet replacement rate is applied, regardless of who pays for the rental; (c) rentals that were part of a tour or travel package; (d) prepaid rentals booked through internet sites, or an Enterprise Website, or the Enterprise App; (e) discounted rentals by employees of Enterprise and any of its parent company, subsidiaries, affiliates or licensees, or their family members or friends who are eligible to receive an employee discount; (f) rentals at Enterprise Truck Rental and Flex-E-Rent locations; (g) rentals at Exotic Car Collection by Enterprise locations; or (h) Enterprise CarShare or Car Club locations. 

There may be times when an Enterprise Rent-A-Car location requires a Member to call for availability. In these circumstances, Free Rental Days may not be redeemed, since they must be redeemed through an Enterprise Website or the Enterprise App. Free Rental Days may not be redeemed for rentals booked through Enterprise branch locations, travel agencies or any other booking channel other than an Enterprise Website or the Enterprise App.

c.     Maximum Free Rental Days per Rental: Points may be redeemed for up to seven (7) Free Rental Days on a single rental.

d.     Number of Points per Free Rental Day: Points required for each Free Rental Day will vary depending on the combination of the rental pickup location, car class and time period of rental. Members may determine how many points they need to redeem for each prospective request/reservation by accessing an Enterprise Website or Enterprise App, signing in as a Member, entering rental location, rental pickup and return dates and times, and then selecting "Redeem Points" on the vehicle selection screen. Points will automatically be deducted from a Member's account upon successful completion of a redemption request/reservation.

e.     Conditions: Free Rental Day awards apply to base rate (time and mileage) only. In the EEA and Switzerland, Free Rental Day awards may apply to inclusive products quoted at time of reservation. Free Rental Days are non-transferable. Use of Free Rental Days does not exclude Members from (i) extra hourly or excess mileage charges; (ii) taxes, assessments, use fees or other governmentally imposed, authorised or permitted surcharges or pass-throughs; (iii) license recoupment fees, airport fees and concession recoupment fees; (iv) service charges and fees; (v) vehicle license recovery fees; and (vi) damage waiver, the cost of optional insurance products, fuel charges, optional upgrades, underage driver's fees, infant seats or other optional items. Payment for each of these items shall be the sole responsibility of the Member.

f.      Free Rental Day Value: The value of a Free Rental Day will vary by rental. To calculate the value of the Free Rental Day, Enterprise will determine the average daily base rate (Time and Mileage) by taking the largest time period calculation as part of the Qualifying Rental (e.g., daily, weekly or monthly) and dividing it by the number of rental days in that time period. For example, for a two-day rental with a daily base rate (Time and Mileage) of $36.00 and an extra hourly charge of $12, the total base rate (Time and Mileage) is ($36.00 X 2) + $12 = $84.00 / 2 days = $42; therefore, $42 will be credited for one Free Rental Day. For a six-day rental, the member will receive a weekly rate. If the weekly base rate (Time and Mileage) is $250, the average daily rate is calculated as $250 / 6 days = $41.67, which will be credited for one Free Rental Day.

g.     Modifications and Cancellations: At any time prior to rental pickup date, Members may choose to modify or cancel the Free Rental Day redemption reservation on the Enterprise Website or the Enterprise App. For cancellations prior to the rental pickup date, the corresponding number of points used to redeem Free Rental Day(s) will automatically be re-deposited into the Member's account. For modifications, depending on the change, points will be automatically added or deducted from the Member's account. If a modified redemption rental requires additional points, and the Member does not have sufficient points to complete the new reservation (based on points already redeemed for the reservation plus any additional points balance), the Member will have the option to maintain the existing reservation with no changes, cancel the reservation, or modify the reservation for a rental redemption that is eligible based on the Member's existing points balance.

h.     No-Shows and Short Stays: For redemption rentals that were not picked up on the rental pickup date (a "No-Show") or redemption rentals that were dropped off before the scheduled return date (a "Short Stay"), points will not be automatically refunded. Instead, if a Member was a No-Show or Short Stay for a rental, the Member must visit an Enterprise Website, Login and then go to My Rewards & Benefits and then Redeposit Points to request a full or partial refund (as applicable) for the unused redemption rental within six (6) months from the scheduled rental pick-up date. Members that fail to request a refund within such 6-month period shall forfeit such points and waive and release Enterprise from any claim or right in connection with such forfeiture.

10. ADDITIONAL PROGRAMME TERMS AND CONDITIONS

a.     Termination: Membership may be terminated by Enterprise for any reason at any time with written notice, unless applicable law requires immediate termination or inactivation without notice. The Member's right to terminate their Membership for convenience remains unaffected. Termination is effective upon providing notice to the terminated Member using the methods described herein. Without limiting Enterprise's rights to terminate a Member's Membership for any reason, the following are examples of circumstances in which Enterprise may terminate a Member's Membership: (i) Enterprise believes that the Member contravened, attempted to contravene, or will soon contravene these Terms and Conditions or any other contract with Enterprise; (ii) your account has been inactive for a prolonged period as we may determine at our sole discretion; or (iii) we determine that it is no longer commercially feasible for us to maintain the Programme. If you attempt to use, earn or transfer Enterprise Plus Points or Free Rental Days in a fraudulent way, we may (in our sole and absolute discretion): (a) take away all Enterprise Plus Points and/or Free Rental Days from your account; and/or (b) terminate your Enterprise Plus Membership.

b.     Effect of Termination: In case of a termination of a Member residing in Austria, Denmark, and Germany, the Enterprise Plus Points that the Member earned shall remain valid for the period specified in the section titled "Enterprise Plus Points". Points related to a rental reservation made prior to the effective date of termination will be added to the Member's account and will expire as provided in the section titled "Enterprise Plus Points". Apart from the above, upon termination of your Membership for any reason (whether by you or by Enterprise), all unused Enterprise Plus Points, Free Rental Days, One Car-Class Upgrade Certificates, and any other accrued but unredeemed benefits associated with your Membership may be forfeited and shall not be reinstated, except where required by applicable law. Enterprise shall have no obligation to provide any cash value or compensation for such forfeited benefits.

c.     No Guarantee: Membership does not guarantee your ability to rent vehicles from Enterprise or its affiliates. All rentals remain subject and subordinate to availability and any applicable qualifications and rental conditions. For example, the minimum or maximum age to rent may vary by country. In addition, all reservation requests are non-binding. There may be a reservation no-show penalty for Member; additionally, Enterprise and its affiliates do not have any duty or obligation to keep any reserved vehicles available.

d.     Changes to these Terms and Conditions: The Terms and Conditions of the Programme may change and evolve over time. To the fullest extent permitted by law and without prejudice to any statutory rights, Enterprise reserves the unilateral right to change or otherwise amend any provisions of these Terms and Conditions or the Programme in its sole discretion at any time by providing written notice. Without limiting the foregoing, Enterprise may, but is not obligated to, formally or administratively:

(i)             modify, amend and/or restate these Terms and Conditions in whole or in part,

(ii)           modify, amend, change or convert any features of the Programme, including without limitation applicable thresholds, or any value or benefit attainable under the Programme, and/or

(iii)          combine or jointly administer the Programme with one or more other Programmes administered by Enterprise or its affiliates.

If Enterprise changes these Terms and Conditions, Enterprise will notify Member at least thirty (30) days before that modification comes into effect. If applicable, the Member will have the opportunity to use any accrued benefits or to terminate their Membership during such notice period, subject to any applicable laws.

e.     Restrictions: The Programme is intended to benefit individuals rather than companies. Members may use points for any personal or business purposes they choose. For purposes of administrating the Programme, it is considered fraudulent and abusive for Members to use a single Enterprise Plus Account for the purpose of accumulating points for company use. It is a violation of these Terms and Conditions for a Member to share their Member Number with anyone for the purposes of earning or redeeming points on rentals or to complete the rental in the Member's name without the Member being present.

f.      Nature of Rewards and Benefits: The Programme is a loyalty rewards program. Any rewards or other accrued benefits earned hereunder, including Enterprise Plus Points and One Car-Class Upgrade Certificates, do not constitute property of a Member and cannot be redeemed for cash or other monetary value. 

g.     Intellectual Property: "Enterprise Plus," "Enterprise" and all associated trademarks, logos and service marks, along with the contents, structure and features of the Programme, are the exclusive property of Enterprise Holdings, Inc., the parent company of Enterprise, or its subsidiaries, and nothing contained in the Programme Terms and Conditions or by Member's enrollment or participation in the Programme should be construed as granting, by implication, estoppel, or otherwise, any license, interest or right in or to any of the foregoing.

h.     Contracting Parties: For the purposes of these Terms and Conditions, if Member resides in a participating country outside the EEA, UK, and Switzerland, including the United States and Canada, the Enterprise Plus Terms and Conditions are entered into between Member and EAN Services, LLC, 600 Corporate Park Drive, St. Louis, Missouri 63105. For Members who reside in participating countries in the European Economic Area (EEA), UK, and Switzerland, the Enterprise Plus Terms and Conditions are entered into between Members enrolling in Enterprise Plus and EAN Data Services UK LimitedEnterprise Rent-A-Car UK Limited, Enterprise House, Vicarage Road, Surrey, Egham TW20 9FB, which is the data controller for all legal purposesEEA, UK and Switzerland data protection related purposes. (Both EAN Data Services UK LimitedEnterprise Rent-A-Car UK Limited and EAN Services, LLC, in their respective capacities, are hereinafter collectively referred to as "Enterprise," "us," or "we.") Enterprise can be contacted at https://enterprise.custhelp.com/app/ask.

i.      Administration: Enterprise may administer the Programme directly or may delegate the administration, in whole or in part, to one or more of its affiliates. In connection with the administration of the Programme, Enterprise and its affiliates reserve the right to consolidate, merge, or otherwise associate your Enterprise Plus account with any other accounts you may maintain under one or more loyalty programs operated by Enterprise or its affiliates.

j.      Assignments and Transfers: Enterprise may assign, transfer, or delegate any of its rights or obligations under these Terms and Conditions, in whole or in part, to any third party, including any of its affiliates, successors, or assigns, at any time and without notice to you. You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without Enterprise's prior written consent, and any attempted assignment or delegation without such consent shall be null and void.

k.     Force Majeure: Enterprise shall not be liable for any delay or failure to perform any obligation under these Terms and Conditions, or for any interruption or cancellation of Programme benefits, rewards or services, due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disruptions, supply chain interruptions, governmental actions or system failures.

a.         Privacy and Data Protection: For the purposes of Regulation (EU) 2016/679 (GDPR), the UK GDPR and the Swiss Federal Act on Data Protection, Enterprise Rent-A-Car UK Limited is the data controller for Members who are residents in the EEA, UK, and Switzerland.  All information provided by Member whether as a result of enrolling in or otherwise in connection with the Program is subject to the Enterprise privacy policies ofpolicy, :

a.         EAN Data Services UK Limited, for Members residing in the EEA, UK, and Switzerland;

l.      EAN Services, LLC, for all other Members, which are is available at www.enterprise.comhttps://privacy.ehi.com/en-us/home.html (the “Privacy Policy”), and (for Members resident in Canada) at www.enterprise.ca (the "Privacy Policies"), and is governed by the privacy laws of the applicable jurisdiction. EAN Services, LLCEnterprise or, in the case of Members residing in the EEA, UK, or Switzerland, EAN Data Services UK Limited, reserves the right to amend either or both of the Privacy Policyies from time to time. In the event of a change to athe Privacy Policy, Members shall be notified in the manner set forth in the applicable Privacy Policy. If a Member disagrees with any of the terms and conditions of the Privacy Policy, the Member may cancel his/her enrollment in the Program at any time. For the purposes of Regulation (EU) 2016/679 (General Data Protection Regulation), EAN Data Services UK Limited is the data controller for Members who are residents in the EEA, UK, and Switzerland.

m.    Governing Law: For Members residing outside the EEA, UK, Switzerland, and Canada, these Terms and Conditions shall be governed, construed and interpreted in accordance with the laws of the State of Missouri, without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of laws of any other jurisdiction. For Members residing in Canada, these Terms and Conditions shall be governed, construed and interpreted in accordance with the laws of the province in which the Member resides and the laws of Canada applicable therein. For Members residing in the EEA, UK and Switzerland, these Terms and Conditions shall be governed, construed and interpreted in accordance with the laws of the country in which the Member resides.

n.     Dispute Resolution – Mandatory Arbitration Agreement for Members Residing in the United States or Canada

                  i.     THIS PROVISION DOES NOT APPLY TO RESIDENTS OF THE PROVINCE OF QUEBEC TO WHICH THE CONSUMER PROTECTION ACT (QUEBEC) APPLIES OR RESIDENTS OF THE PROVINCE OF BRITISH COLUMBIA TO WHICH THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT APPLIES. WHERE PERMITTED BY LAW, YOU AND WE EACH WAIVE OUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND WE EACH AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND ("CLAIMS") AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO, CLAIMS RELATING TO OUR PRODUCTS AND SERVICES, COMMUNICATIONS WITH YOU, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES. This dispute resolution provision is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to, during, or after termination of the Terms and Conditions. For the purposes of this Dispute Resolution Provision, "you" also includes any of your agents, beneficiaries or assigns, or anyone acting on your or their behalf, and "we," "us," or "our" also includes any of our employees, agents, affiliates, parents, subsidiaries, beneficiaries, assigns, and vendors, including but not limited to our service providers and marketing partners. WHERE PERMITTED BY LAW, YOU AND WE EACH AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. However, you and we each agree that either you or we may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action. Where required by law, you and we each agree that you may bring an individual action in the applicable court of justice.

                ii.     Procedure: You or we, as applicable, must send a written Notice of Dispute ("Notice") describing (a) the nature and basis of the Claim; and (b) the relief sought, to the other party, as applicable. If you reside in the United States, the Notice to us should be addressed to: CT Corporation, 208 S LaSalle, Suite 814, Chicago, IL 60604; if you reside in Canada, the Notice to us should be addressed to: Baker & McKenzie LLP, Brookfield Place, Suite 2100, 181 Bay Street (PO Box 874), Toronto (Ontario) Canada M5J 2T3 (in either case, "Notice Address"). If you and we do not resolve the claim within 30 days after the Notice is received, you may choose to commence an arbitration by filing a demand for arbitration with the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules if you reside in the United States, or with the International Centre for Dispute Resolution Canada ("ICDR Canada") pursuant to its Canadian Arbitration Rules if you reside in Canada. Claims will be resolved pursuant to the AAA's Consumer Arbitration Rules or ICDR Canada's Canadian Arbitration Rules, as applicable, in effect at the time of the demand, as modified by these Terms and Conditions. A single arbitrator will be selected according to AAA's Commercial Arbitration Rules or ICDR Canada's Canadian Arbitration Rules, as applicable. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both you and us with due consideration of our ability to travel and other pertinent circumstances. If you and we are unable to agree on a location, such determination should be made by the AAA or ICDR Canada, as applicable, or by the arbitrator. The AAA rules are available online at www.adr.org. The ICDR Canada Canadian Arbitration Rules are available at www.icdr.org/icdrcanada. Except as required by law, neither you or us nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both you and us.

               iii.     Arbitrator's Authority: For arbitrations before AAA, the arbitrator is bound by these Terms and Conditions, the Federal Arbitration Act ("FAA") and AAA's Consumer Arbitration Rules. For arbitrations before ICDR Canada, the arbitrator is bound by these Terms and Conditions, the applicable arbitration legislation, and ICDR Canada's Canadian Arbitration Rules. The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of these Terms and Conditions, including whether it is void. You and we agree that the arbitrator's decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA or the applicable Canadian arbitration legislation. The arbitrator can award the same damages and relief as a court, but only in favor of an individual claimant, whether you or us.

               iv.     Arbitration Costs: You will be responsible for your share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the claims were filed in court. We will be responsible for all additional arbitration fees. You are responsible for all other costs/fees that you incur in arbitration, e.g., fees for attorneys, expert witnesses, etc. You will not be required to reimburse us for any fees unless the arbitrator finds that the substance of your claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules or ICDR Canada Canadian Arbitration Rules, as applicable, will govern the payment of all fees, and we may seek reasonable attorney's fees. We will pay all fees and costs we are required by law to pay.

                v.     Governing Law and Enforcement:

·       IF YOU RESIDE IN THE UNITED STATES - Notwithstanding anything in this Section, this dispute resolution provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA, 9 U.S.C. §§ 1-16. If any portion of this dispute resolution provision is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of this dispute resolution provision remains in full force and effect. If the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.

·       IF YOU RESIDE IN CANADA - Notwithstanding anything in this Section, the domestic arbitration act of the provincial or territorial judicial district where you reside applies to this dispute resolution provision and governs whether a claim is subject to arbitration. If any portion of the dispute resolution provision is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of this dispute resolution provision remains in full force and effect.

o.     Dispute Resolution – All Other Members: For Members residing outside the United States and Canada, these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the country in which the Member resides for the resolution of any disputes arising out of these Terms and Conditions.

Local Law Stipulations

For the purpose of modifying the Enterprise Plus Programme Terms and Conditions (the "Terms and Conditions") for compliance with applicable laws in the country in which the Member resides, set forth below, the Terms and Conditions shall be modified as follows: