Hyperlinked terms of use provide sufficient notice to online customers, and the absence of an affirmative denial constitutes acceptance of contractual terms of use. Moretti v. Hertz Corp. Click-through agreements generally require some action, usually clicking a button. Such action unambiguously signifies that online users are assenting to the contract. The court in Moretti granted the defendants’ motion to transfer based on an imbedded or click-through forum selection clause to which the plaintiff agreed to complete the transaction.

Enrico Moretti, an online customer, reserved a car from Hertz and Dollar through the Hotwire travel website. Before completing the reservation, Hotwire required Moretti’s affirmative acceptance of its terms of use, which included a forum selection clause mandating the resolution of disputes in Delaware. Hotwire, via confirming email, specifically represented the total rental fee at an estimated $365.23, including approximated taxes and fees. Neither Hotwire’s website nor its confirming emails notified Moretti of the required purchase of mandatory personal liability insurance from Hertz and Dollar.

Hertz and Dollar subsequently charged Moretti $683.59 for the rental, which included the daily rental fee for the rental term, airport fees, insurance, and tax. Moretti alleged the defendants overcharged and misinformed him and routinely did so to similarly situated individuals as a regular business practice.

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