Hertz representative: “You show me where it says I can’t charge it.”
It also doesn’t say the customer can’t kick the rep in the nuts.
Wow, bravo for driving 25k miles in a month, we don’t even do that in a year! Assuming this was for work, that’s >1k miles per work day, which is an absolutely bonkers amount of miles. You could drive from NY to LA and back more than 4 times w/ 25k miles. That’s absolutely nuts!
1000 miles a day is probably illegal.
At highway speeds, he’d need 13.5 hours of driving non stop, not accounting for bathroom or meal breaks, or even time to fuel up.
Commercial truckers cannot drive more than 12 hours a day.
Not that Hertz is right here but this dude has to be on the road 16 hours a day at least. Which suggests to me that he’s not the only one using those miles.
My state has 80mph speed limits, which drops this to 10.5h non-stop driving.
That said, since this is on TikTok (that’s where the link goes), this has to be a stunt for attention. So I wonder if these were even highway miles, he could have taken it to a race track or something to get the miles that high, or even just put it on a car rack with a brick on the accelerator.
I mean, it takes NASCAR 3 hours to get to 500 miles. That’s with a pit crew keeping your car running and not every car finishes. Sure some crash but most of those failures are like, tires or engine failures.
Cars just aren’t made to do that.
It would take a minimum of 12.5 hours to get to 1000 miles without stopping at 80 miles an hour.
After 8 hours a 30 minute break is required. We’re at 13 before we calculate in stopping and refuelling, non highway miles, accelerating, and traffic.
At the absolute fastest speed he can legally go.
Dude’s breaking the law somewhere. Or he’s exaggerating. Or, much more likely, he’s having multiple people rack up miles pretending to be him.
Either way, fuck Hertz, like they have cause they can just kick him off the program. They ain’t gotta bring the law in to it.
What about a brick on the accelerator?
That’ll take you all the way to the scene of the crash
I’m talking about when it’s propped up on a car lift or something.
If I were the customer I would’ve laughed at the representative and said go ahead, call the cops. Please call the cops.
First, the cops would laugh at the rep. They’d be annoyed at the rep for wasting their time.
Hell, I’d even let myself get arrested. Would look even. Worse for hertz
You can be arrested for trespassing after they’ve asked you to leave, even if you’re in the right in the argument you’re having with the clerk. Generally the cops will ask you to leave before arresting you, but they don’t have to.
I somewhat agree with you that it would have made it even more of a mistake, but it would be far from the first time that Hertz got some of their customers arrested and didn’t really seem to care about the bad publicity. I think I probably wouldn’t risk it.
They do need to ask you to leave, because you can only be arrested for trespassing after you’ve been formally trespassed (i.e. given clear legal notice that you’re not welcome) and violate those terms (i.e. you remain or return within the time established in the order).
If they arrest you before giving you that warning, that’s wrongful arrest and you can sue the department for it. They don’t need to tell you multiple times, but they do need to issue a lawful order.
This can absolutely vary by jurisdiction, but in general you cannot be arrested from a “public place” (and private businesses count, assuming they’re open to the public) without a trespass order.
Then he told him to leave. Understandably, the renter didn’t leave, because doing so meant he’d soon be out $10,000. When he refused to leave before this was resolved, the rep told him he was going to have him arrested.
If they tell you to leave, you refuse, and you stay there for the length of time it takes for them to call the cops and for the cops to arrive, you’re committing a crime. You don’t need to have a formal written trespass in order to be arrested from a private business for trespassing. It happens all the time, often because someone is under the impression as you said that the “warning” they got verbally from the cops 10 seconds ago wasn’t legally sufficient. It is.
In practice, the cops when they arrive will usually start off by asking you to leave and informing you for the bodycam recording that you’ll be arrested if you don’t. If you then agree to leave, you’ll almost always be all good. I think the extra flexibility about it stems from some mixture of courtesy, wanting to have an airtight case for the arrest if you do refuse, and aversion to paperwork. But you can technically be arrested on the spot because you refused to leave the first time the business asked you to, and the pattern of “please leave” / calls cops / cops come / “leave or you’ll be arrested” / “no” / arrest is a very standard pattern, nothing to sue over.
If they tell you to leave, you refuse, and you stay there for the length of time it takes for them to call the cops and for the cops to arrive, you’re committing a crime
I don’t think that’s necessarily true. There are a fixed number of people who can issue a legally binding trespass order, and it’s unclear if your average desk clerk has that authority, since it needs to be issued by the property owner or someone authorized to act on behalf of the owner WRT trespass warnings. So it’s completely reasonable IMO to wait for a police officer to investigate whether the person actually has that authority before complying with the trespass order.
That said, if you leave, you may avoid a legally binding trespass order. If you remain, my understanding is that you won’t be arrested unless you refuse to leave after receiving the formal trespass warning (and the cop may order you off the property until it’s issued). It’s safer to wait outside the business than remain inside it, but I would be very surprised if a court would uphold an arrest if you’re calmly waiting for the cop to show up and investigate. Yes, you could be arrested, but I doubt that arrest would “stick” on your record, and you may have a case to sue the cop depending on how the arrest was handled.
“warning” they got verbally from the cops 10 seconds ago wasn’t legally sufficient
Yes, when the warning comes from the cops, that’s a lawful order, and disobeying it runs a risk of arrest on its own, regardless of the trespass order behind it. That’s not this situation, we’re talking about a desk clerk at a business threatening to call the cops if you don’t leave, and that desk clerk’s authority to issue a trespass is suspect.
This is definitely running on the edge of the law and could absolutely change by jurisdiction, but my understanding is that, in the majority of jurisdictions, ignoring a trespass warning from an employee is not an arrestable offense. Obviously, do your own research and/or consult an attorney if you’re going to do this on purpose.
Corporate probably feels like they had the most perfectly awesome viral thing to fall in their lap but some franchisee had to go fuck it all up.
25,000 miles in a month is dirt cheap advertising
Yup, the clerk should’ve given them an award. And then they should update the terms to have a reasonable cap so they don’t get a bunch of jokers competing to get a new high score.
Did he just drive around in circles all day, every day? Assuming he averaged 60 mph he would have to drive 14 hours a day for 30 days to get to that figure. Where the hell was he going?!