B. TERMS AND CONDITIONS APPLICABLE TO RENTALS IN THE UNITED STATES AND CANADA
The terms and conditions appearing in this Part B ("North American Terms") apply to all Hertz #1 Club Gold rentals commencing in the United States and Canada. All references in this Part B to numbered paragraphs and subparagraphs refer to these North American Terms.
1. NATURE OF THIS AGREEMENT
You are obtaining solely a bailment that allows You to use the Car as permitted by this Agreement. You acknowledge that the Car is owned by Hertz. No one other than Hertz may transfer the Car or any rights or obligations under this Agreement. Any attempted transfer or sublease of the Car by anyone other than Hertz is void. Neither You nor any Authorized Operators are agents of Hertz. No one may service or repair the Car without Hertz’ prior express approval. HERTZ MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE.
2. WHO MAY OPERATE THE CAR
Only You and, with Your permission, the following persons, provided that they meet the qualifications set forth in the following sentence (“Authorized Operators”), may operate the Car: Your spouse, Your domestic partner (if You are not married), Your employer, employees and fellow employees incidental to their business duties, and any other person who meets Hertz’ qualifications and who signs an Additional Authorized Operator form at the time of rental. Except as provided in the following sentence, all Authorized Operators must be at least 25 years old and have a valid driver’s license from a jurisdiction acceptable to Hertz. For rentals which commence in Michigan, persons between the ages of 18 and 24 who meet Hertz’ other qualifications and who sign an Additional Authorized Operator form at the time of rental may be Authorized Operators; in such cases, an Underage Differential Charge will be assessed. Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car; for purposes hereof, an “emergency” shall mean urgent circumstances which, under the laws of the jurisdiction in which the alleged emergency occurred, would justify the operation of an automobile by an unlicensed driver. With respect to persons who must sign an Additional Authorized Operator form, other qualifications may, at Hertz’ discretion, be in effect at the time and place of rental; and, where permitted by law, Hertz may impose an additional fee for such persons.
A “domestic partner” is an unmarried partner of the same or opposite sex who is not Your parent, grandparent, sibling, child, grandchild, uncle, aunt, niece or nephew (in each case by blood or adoption), who permanently resides at the same address as You, and whose driver’s license shows the same residence address as Your driver’s license. By operating the Car (whether or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car (for example: the obligations contained in paragraphs 9 and 10(e)).