Terms & Conditions

Last updated: May 21, 2026

The Short Version

Who These Terms Apply To

These Terms of Service (“Terms”) apply to anyone who visits, accesses, or uses the website located at berkshirecarrentals.com (“Site”), including anyone who submits a booking inquiry, reservation request, or contact form through the Site. The Site is operated by Berkshire Car Rentals, Inc. (“Company,” “we,” “us,” or “our”), a Massachusetts corporation. By accessing the Site, you represent that you have the legal capacity to enter into binding contracts under applicable law and you agree to these Terms. If you don’t agree, don’t use the Site.

Reservations and Bookings

A booking submitted through the Site is a request, not a confirmed reservation. A reservation is confirmed only when the Company sends written confirmation to the email address you provided. Prices displayed on the Site are estimates. The final rental rate, mandatory fees (including Massachusetts sales tax and the municipal surcharge required by Mass. Gen. Laws ch. 90, § 20E), and any applicable charges, taxes, or fees are confirmed at the time the Rental Agreement is signed.

Cancellations

You may cancel a confirmed reservation without charge up to 48 hours before the scheduled pick-up time. Cancellations within 48 hours of pick-up may be subject to a cancellation fee equal to one day’s rental rate. No-shows forfeit any deposit paid.

Eligibility Requirements

To rent a vehicle from Berkshire Car Rentals, Inc., you must:

Berkshire Car Rentals, Inc. must verify your driver license before releasing any vehicle, as required by Mass. Gen. Laws ch. 90, § 32C. Providing false information to secure a rental is a violation of these Terms and may constitute fraud under Massachusetts law.

Intellectual Property

All content on this Site, including text, photographs, logos, graphics, and software, is owned by or licensed to Berkshire Car Rentals, Inc. and is protected by copyright, trademark, and other intellectual property laws. You may view and print pages for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, or publicly display any content from this Site without prior written permission. The Berkshire Car Rentals name and any associated logos are trademarks of the Company. Nothing on this Site grants any license to use Company trademarks.

Prohibited Uses

You must not use this Site:

Violations may result in cancellation of any pending reservation, termination of access, and referral to law enforcement.

User Responsibility for Account Activity

You are responsible for all activities, bookings, submissions, and actions taken under your account or through your credentials, whether authorized by you or not. You agree to be bound by all reservations, contact submissions, and other activities conducted through your account. If you believe someone has accessed your account without authorization, you must notify the Company immediately.

User Information Accuracy

You agree to provide accurate, current, and complete information when using the Site, including when submitting booking requests, contact forms, or creating an account (if applicable). You further agree to maintain and promptly update your information to keep it accurate, current, and complete. Failure to provide accurate information or to update your information may result in cancellation of reservations and termination of your access to the Site.

Third-Party Links

This Site may include links to third-party websites (for example, insurance provider sites or mapping services). Those links are provided for convenience only. Berkshire Car Rentals, Inc. does not control those sites, does not endorse their content, and is not responsible for their privacy practices or terms. Accessing third-party sites is at your own risk.

Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Berkshire Car Rentals, Inc. does not warrant that the Site will be uninterrupted, error-free, or free of viruses. Availability information, pricing, and vehicle inventory displayed on the Site are subject to change without notice. Nothing on this Site constitutes a guarantee that a specific vehicle will be available at the time of your reservation.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY MASSACHUSETTS LAW, BERKSHIRE CAR RENTALS, INC. IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Company’s aggregate liability for any claim arising from your use of this Site must not exceed $100. Nothing in this Section limits liability for personal injury caused by the Company’s gross negligence or willful misconduct, or for any claim that cannot be limited under Mass. Gen. Laws ch. 93A.

Consumer Protection Compliance

These Terms are subject to Mass. Gen. Laws ch. 93A. Massachusetts regulations require transparent disclosure of all mandatory fees at or before the first point of consumer contact. All fees associated with a rental are disclosed in full at the time of booking confirmation and again at the time the Rental Agreement is signed. The Company does not engage in negative-option billing or automatic renewals. If you believe any practice on this Site is unfair or deceptive, contact the Massachusetts Attorney General’s Office at 617-727-8400 or submit a complaint at mass.gov/ago.

Updates to These Terms

The Company may update these Terms at any time. The updated Terms take effect on the date posted to the Site. If you have a confirmed reservation at the time of an update, the Terms in effect at the time of your booking confirmation govern your reservation. Continued use of the Site after an update constitutes acceptance of the revised Terms. Material changes will be noted by updating the “Last Updated” date at the top of this page.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Massachusetts, excluding conflict of laws principles. Any dispute that cannot be resolved through good-faith discussion must be submitted to binding arbitration under the American Arbitration Association Commercial Arbitration Rules, with a single arbitrator, seated in Berkshire County, Massachusetts. The arbitrator may grant any relief available at law or equity, but may not award punitive damages beyond what Massachusetts law authorizes. Each party bears its own fees and costs unless the arbitrator finds bad faith. Either party may seek emergency equitable relief in court to prevent irreparable harm.

Contact

For questions about these Terms or your reservation, contact Berkshire Car Rentals, Inc. at: