SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE U.S. RENTAL CAR OPERATING SUBSIDIARIES OF ENTERPRISE HOLDINGS, INC.

U.S. DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-12C-286

Parties

1. The parties ("Parties") to this Settlement Agreement ("Agreement") are the United States of America and the U.S rental car operating subsidiaries of Enterprise Holdings, Inc. ("Enterprise").
2. The United States Department of Justice ("United States") is responsible for administering and enforcing title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12188.

Background

3. This matter was initiated by a complaint filed with the United States against Enterprise, alleging violations of title III of the ADA, 42 U.S.C. §§ 12181-12189, and its implementing regulation, 28 C.F.R. Part 36.  Specifically, the complainant, an individual with a disability, alleged that Enterprise failed to rent the complainant a luxury class vehicle with hand controls as complainant had reserved and as necessary for complainant to operate the vehicle.  Subsequent to receipt of the initial complaint from this individual ("Complainant #1"), the United States received two additional complaints against Enterprise.   Both of these complainants ("Complainants #2 and #3") alleged that Enterprise failed to provide hand controls in the time frame promised.  All three complainants collectively shall be referred to as the "Complainants" and their complaints are all subsumed under DJ# 202-12C-286.
4. The Attorney General of the United States ("Attorney General") is authorized to investigate alleged violations of title Ill of the ADA and to bring a civil action in federal court if the United States is unable to secure voluntary compliance in any matter that involves a pattern or practice of discrimination or that raises an issue of general public importance, 42 U.S.C. § 12188(b).
5. Enterprise is a public accommodation as defined in section 301(7)(E) of the ADA, 42 U.S.C. § 12181(7)(E), and its implementing regulation, 28 C.F.R. § 36.104.  In part, the ADA requires public accommodations to remove barriers to access for persons with disabilities where it is readily achievable for them to do so, 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. § 36.304; and to make reasonable modifications to its policies and practices as necessary to afford its goods, services, facilities, privileges, advantages, or accommodations to persons with disabilities, as long as doing so does not fundamentally alter the nature of its goods, services, facilities, privileges, advantages, or accommodations, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302.
6. The ADA prohibits public accommodations, including those operating car rental companies, from discriminating against an individual on the basis of disability in the full and equal enjoyment of its goods, facilities, privileges, advantages, accommodations, and services.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).
7. The Complainants have mobility impairments and use wheelchairs or crutches and are persons with disabilities within the meaning of 42 U.S.C. § 12102(2).
8. As a result of its investigation, the United States has determined that Enterprise denied the Complainants equal access to its goods, privileges, accommodations, advantages, and services, in violation of 42 U.S.C. § 12182(a), and they are thus aggrieved individuals entitled to damages.  28 C.F.R. § 36.504(a)(2).  This Agreement shall not be construed as an admission of liability or discrimination by Enterprise.
9. Enterprise has cooperated in the United States' investigation.
10. In order to avoid the burdens and expenses of possible litigation, the Parties enter into this Agreement.   In consideration for the Agreement set forth above, the United States will not institute any civil action alleging discrimination based on the allegations raised in DJ #202-12C-286, except as provided in the section entitled "Enforcement."
11. The Parties have determined that U.S. Department of Justice complaint number 202-12C-286 can be resolved without litigation and have proposed and agreed to the terms of this Agreement.

Actions To Be Taken By Enterprise

12. Enterprise will not discriminate against any individual on the basis of disability in the full and equal enjoyment of its goods, services, facilities, privileges, advantages, or accommodations.  42 U.S.C. § 12182.
13. Enterprise will continue to provide vehicles equipped with hand controls or other devices, such as left-foot accelerators, pedal extenders, and/or spinner knobs (collectively, "Adaptive Driving Devices" or "Devices") to persons with disabilities requesting such accommodations at no cost to the customer.
14. Enterprise will continue its practice of making available at all of its locations Adaptive Driving Devices on a variety of vehicle classes that it offers for rental.  Currently, Enterprise offers Adaptive Driving Devices on certain makes and models that fall within the following vehicle classes:  Full-Size, Premium, Luxury, SUV and Pick-Up Trucks.  Enterprise represents that if a sufficient quantity of makes and models within another vehicle class becomes compatible with Adaptive Driving Devices, Enterprise will offer Adaptive Driving Devices in that vehicle class.  In the event (a) a vehicle is reserved with an Adaptive Driving Device but the vehicle in the class reserved is not available, or (b) the vehicle class requested by the customer is not compatible with Adaptive Driving Devices in Enterprise’s sole judgment, Enterprise will provide a complimentary upgrade to the next higher class or type of vehicle with an Adaptive Driving Device at the rate charged for the class or type of vehicle originally reserved or requested by the customer.
15. Enterprise will not be required to provide Device-equipped vehicles where standard Devices cannot be safely installed because (a) the Device is not compatible with the design of the vehicle according to manufacturer’s specifications, (b) the Device does not fit, and/or (c) where the installation of such Device would impede the operation of a vehicle's airbag or other safety systems.  In that event, Enterprise will provide an alternative Device-equipped vehicle selected by the customer at Enterprise’s customary price for the alternative vehicle. 
16. Within 180 days of the effective date of this Agreement, Enterprise will modify its policies, procedures, and practices such that individuals with disabilities wishing to rent vehicles with Adaptive Driving Devices will be able to take delivery of the rental vehicle within eight working hours after an employee trained in installing Adaptive Driving Devices ("Trained Employee") is on duty at 25 of its major airport locations (the "8 Hour Policy"). The 8-hour period will run only during the hours when a Trained Employee is on duty at that location, regardless of when the branch is next open for business.  The list of the 25 major airport locations is attached as Attachment A.
17. For an additional 35 major airport locations, listed in Attachment B, and within 180 days of the effective date of this Agreement, Enterprise will modify its policies, procedures, and practices such that individuals with disabilities wishing to rent vehicles with Adaptive Driving Devices will be able to take delivery of the rental vehicle within 24 working hours after an employee trained in installing Adaptive Driving Devices is on duty (the "24 Hour Policy"). The 24-hour period shall include at least 8 hours when a Trained Employee is on duty at that location.  
18. Enterprise will ensure that an adequate number of mechanics or other employees trained in the proper installation of Adaptive Driving Devices ("Trained Employees") with sufficient coverage to fulfill its obligations under this agreement are available at the airports identified in Attachments A and B.
19. For all Enterprise outlets not identified in Attachments A and B, and within 180 days of the effective date of this Agreement, Enterprise will continue its current practice of providing vehicles with Adaptive Driving Devices within 48 hours of receiving a reservation for same (the "48 Hour Policy").  The "48 Hour Policy" applies to all Enterprise outlets not identified in Attachments A and B, except that in remote locations to which Adaptive Driving Devices must be shipped and then installed through a third party provider, Enterprise shall provide the vehicle within 48-72 hours of receiving a reservation.  The term "remote locations" refers to those branches that are located more than a 2-hour drive from any Major Airport location as identified in Attachments A and B.
20. Enterprise’s obligation to provide vehicles equipped with Adaptive Driving Devices in compliance with paragraphs 16-20 herein shall be excused in the Event of Force Majeure.  As used in this paragraph, an "Event of Force Majeure" means an event beyond Enterprise’s reasonable control, including but not limited to severe weather, Acts of God, acts of terrorism, and delays in the delivery of Adaptive Driving Devices by overnight carriers.
21. Enterprise will continue its practice of picking up and dropping off customers with disabilities, at their request, at their place of residence, employment, or other location, provided such locations are within the regular trade area of the Enterprise branch where the vehicle was rented or returned, as the case may be.
22. Within 195 days of the effective date of this Agreement, Enterprise will furnish to the United States documentation confirming the implementation and distribution of the Notice Policies described in Paragraphs 16, 17, and 19 of this Agreement.
23. Within 180 days of the effective date of this Agreement, Enterprise will designate, implement, include on its rental contracts, and post on its website a toll free number providing customer service contact and other information to persons with disabilities. The toll free number will be posted in a minimum of two different locations on Enterprise's website, one of which will be located at the link labeled "Contact Us."
24. Within 180 days of the effective date of this Agreement, Enterprise will train all customer service employees handling calls or other contacts at the toll free numbers and email addresses referenced in Attachments C and D, as to Enterprise's obligations under this Agreement.
25. Within 180 days of the effective date of this Agreement, Enterprise will update a link on its homepage at www.enterprise.com labeled "Customers with Disabilities."   This link will bring up a pop-up window with information regarding reservations for vehicles with Adaptive Driving Devices, Enterprise's policy regarding surrogate drivers for customers with disabilities, and customer service inquiries. The pop-up window shall contain the language set forth in Attachment C.
26. Within 180 days of the effective date of this Agreement, Enterprise will update the "Find Answers" section on its website to add a new category for "Customers with Disabilities." That category shall contain the information set forth in Attachment D.
27. Within 20 days of the United States providing Enterprise a signed Release from each Complainant and a signed w-9, Enterprise will compensate the Complainants in this matter by sending each Complainant a check in the amount of Two Thousand Dollars ($2,000.00).  Enterprise will simultaneously send a copy of the check and the accompanying letter to the United States.

Miscellaneous Provisions

28. For a period of one year, beginning 180 days from the effective date of this Agreement, Enterprise will provide quarterly reports to the United States identifying every Adaptive Driving Device reservation meeting the minimum notice requirements set forth in Paragraphs 16 and 17 of this Agreement made through its Contact Center for any of the large airport locations listed on Attachments A and B, for which the customer shows up for the reservation. For each such reservation, Enterprise agrees to provide the following information in its quarterly report, to be provided to the United States within sixty (60) days after the end of each applicable quarter: (a) the date and time the reservation was made; (b) the scheduled vehicle pick up date, time and location; and (c) the time the ADD-equipped vehicle was made available for pickup.  As used in this paragraph, the term "scheduled" shall mean a vehicle pick-up time that complies with requirements set forth in Paragraphs 16 and 17 of this Agreement.  In addition, to the extent the Contact Center or the Legal Department becomes aware that an airport location listed on Attachments A and B failed to confirm an ADD reservation despite the fact that the reservation met the minimum notice requirements set forth in Paragraphs 16 and 17 of this Agreement, Enterprise will include information regarding such reservation in its quarterly report.
29. During the term of this Agreement, the United States will forward to Enterprise’s General Counsel for investigation and resolution any complaint, charge, or grievance received by the United States alleging that Enterprise failed to provide any Adaptive Driving Devices to any individual with a disability, unless the United States determines, in its sole discretion, to withhold the sharing of any such complaint, charge, or grievance with Enterprise.  In addition, every 6 months during the term of this Agreement, Enterprise shall provide to the United States a report listing any lawsuit, complaint, charge, or grievance received by its Corporate Legal Department, its Corporate Customer Service Department, or its dedicated help desk for customers with disabilities at its Contact Center (reachable by dialing (866) 225-4284), alleging that Enterprise failed to provide any Adaptive Driving Devices to any individual with a disability.  The report will list the name of the complainant, the date of the complaint, the nature of the allegation, and resolution. 
30. All notices and other correspondence sent to the United States pursuant to this Agreement, shall be sent via email, fax, or overnight mail to: Disability Rights Section, DJ No. 202-12C-286, U.S. Department of Justice, 1425 New York Avenue, N.W., Washington, DC 20005; paula.rubin@usdoj.gov; (202) 305-2191 (telephone); (202) 616-2184 (fax).  All notices and other correspondence sent to Enterprise pursuant to this Agreement shall be sent via email or overnight mail to: Enterprise Holdings, Inc., 600 Corporate Park Drive, St. Louis, MO 63105   Attn: General Counsel: Thomas.P.Laffey@ehi.com; (314) 512-5440 (telephone); (314) 512-5823 (fax).

Enforcement

31. If at any time Enterprise or the United States desires to modify any portion of this Agreement for any reason, the relevant party will promptly notify the other in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification.  Until there is written agreement by the parties to the proposed modification, the proposed modification will not take effect.  The United States will not unreasonably withhold consent to modifications necessitated by circumstances not within Enterprise's control (for example, if Enterprise loses a bid for an airport concession and, as a result, is no longer serving one or more of the airport locations listed in Attachments A or B from a facility which has its own Trained Employee trained in installing Adaptive Driving Devices).
32. The United States may review compliance with this Agreement at any time.  If the United States believes that Enterprise or its assignees and/or successor in interest have failed to materially comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement from the United States for a modification of relevant terms or if such failure is not otherwise excused by the United States, then the United States will notify Enterprise in writing and will attempt to resolve the issue or issues in good faith.  If the United States is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to Enterprise, it may institute a civil action in federal district court to enforce the terms of this Agreement or title III and may, in such action, seek any relief available under law.
33. Failure by the United States to enforce any provision herein with regard to any deadline or any other provision herein shall not be construed as a waiver of the United States’ right to enforce other deadlines and provisions of this Agreement.
34. This Agreement shall be binding on Enterprise, its assignees, and/or successor in interest.  
35. During the term of this Agreement a copy of this document or relevant portions thereof will be made available to any person by Enterprise or the United States on request.
36. This Agreement constitutes the entire agreement between the Parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments), shall be enforceable.  This Agreement is limited to the resolution of Department of Justice Complaint DJ# 202-12C-286 and does not purport to remedy any other complaint or actual or potential violations of the ADA or any other federal law, including any potential claims of denial of reasonable modification by anyone other than the Complainants.  This Agreement does not affect the continuing responsibility of Enterprise to comply with all aspects of the ADA.
37. The person signing for Enterprise represents that he or she is authorized to bind Enterprise to this Agreement.
38. This Agreement shall remain in effect for three years.
39. The effective date of this Agreement is the date of the last signature below.